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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PILEGGI, ERICKSON, RAFFERTY, ALLOWAY, TOMLINSON, GREENLEAF, BREWSTER, YAW AND BROWNE, FEBRUARY 18, 2011 |
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| REFERRED TO TRANSPORTATION, FEBRUARY 18, 2011 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for display of registration |
3 | plate; and providing for automated red light enforcement in |
4 | certain third class cities. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 1332(b)(2) of Title 75 of the |
8 | Pennsylvania Consolidated Statutes is amended to read: |
9 | § 1332. Display of registration plate. |
10 | * * * |
11 | (b) Obscuring plate.--It is unlawful to display on any |
12 | vehicle a registration plate which: |
13 | * * * |
14 | (2) is obscured in any manner which inhibits the proper |
15 | operation of an automated red light enforcement system in |
16 | place pursuant to section 3116 (relating to automated red |
17 | light enforcement systems in first class cities) or 3117 |
18 | (relating to automated red light enforcement systems in |
19 | certain third class cities); or |
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1 | * * * |
2 | Section 2. Title 75 is amended by adding a section to read: |
3 | § 3117. Automated red light enforcement systems in certain |
4 | third class cities. |
5 | (a) General rule.--A city, upon passage of an ordinance, is |
6 | authorized to enforce section 3112(a)(3) (relating to traffic- |
7 | control signals) by recording violations using an automated red |
8 | light enforcement system approved by the department. |
9 | (b) Applicability.--This section shall only be applicable at |
10 | intersections in a city designated by the system administrator |
11 | in consultation with the secretary. |
12 | (c) Owner liability.--For each violation under this section, |
13 | the owner of the vehicle shall be liable for the penalty imposed |
14 | unless the owner is convicted of the same violation under |
15 | another section of this title or has a defense under subsection |
16 | (g). |
17 | (d) Certificate as evidence.--A certificate, or a facsimile |
18 | of a certificate, based upon inspection of recorded images |
19 | produced by an automated red light enforcement system and sworn |
20 | to or affirmed by a police officer employed by the city shall be |
21 | prima facie evidence of the facts contained in it. The city must |
22 | include written documentation that the automated red light |
23 | enforcement system was operating correctly at the time of the |
24 | alleged violation. A recorded image evidencing a violation of |
25 | section 3112(a)(3) shall be admissible in any judicial or |
26 | administrative proceeding to adjudicate the liability for the |
27 | violation. |
28 | (e) Penalty.-- |
29 | (1) The penalty for a violation under subsection (a) |
30 | shall be a fine of $100 unless a lesser amount is set by |
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1 | ordinance. |
2 | (2) A fine is not authorized for a violation of this |
3 | section if any of the following apply: |
4 | (i) The intersection is being manually controlled. |
5 | (ii) The signal is in the mode described in section |
6 | 3114 (relating to flashing signals). |
7 | (3) A fine is not authorized during any of the |
8 | following: |
9 | (i) The first 60 days of operation of the automated |
10 | system at the initial intersection. |
11 | (ii) The first 60 days for each additional |
12 | intersection selected for the automated system. |
13 | (4) A warning may be sent to the violator under |
14 | paragraph (3). |
15 | (5) A penalty imposed under this section shall not be |
16 | deemed a criminal conviction and shall not be made part of |
17 | the operating record under section 1535 (relating to schedule |
18 | of convictions and points) of the individual upon whom the |
19 | penalty is imposed, nor may the imposition of the penalty be |
20 | subject to merit rating for insurance purposes. |
21 | (6) No surcharge points may be imposed in the provision |
22 | of motor vehicle insurance coverage. Fines collected under |
23 | this section shall not be subject to 42 Pa.C.S. § 3571 |
24 | (relating to Commonwealth portion of fines, etc.) or 3573 |
25 | (relating to municipal corporation portion of fines, etc.). |
26 | (f) Limitations.-- |
27 | (1) No automated red light enforcement system shall be |
28 | utilized in such a manner as to take a frontal view recorded |
29 | image of the vehicle as evidence of having committed a |
30 | violation. |
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1 | (2) Notwithstanding any other provision of law, camera |
2 | equipment deployed as part of an automated red light |
3 | enforcement system as provided under this section must be |
4 | incapable of automated or user-controlled remote intersection |
5 | surveillance by means of recorded video images. Recorded |
6 | images collected as part of the automated red light |
7 | enforcement system may only record traffic violations and may |
8 | not be used for any other surveillance purposes. The |
9 | restrictions set forth under this paragraph shall not be |
10 | deemed to preclude a court of competent jurisdiction from |
11 | issuing an order directing that the information be provided |
12 | to law enforcement officials if the information is reasonably |
13 | described and is requested solely in connection with a |
14 | criminal law enforcement action. |
15 | (3) Notwithstanding any other provision of law, |
16 | information prepared under this section and information |
17 | relating to violations under this section which is kept by |
18 | the city, its authorized agents or employees, including |
19 | recorded images, written records, reports or facsimiles, |
20 | names, addresses and the number of violations under this |
21 | section, shall be for the exclusive use of the city, its |
22 | authorized agents, its employees and law enforcement |
23 | officials for the purpose of discharging their duties under |
24 | this section and under any ordinances and resolutions of the |
25 | city. The information shall not be deemed a public record |
26 | under the act of February 14, 2008 (P.L.6, No.3), known as |
27 | the Right-to-Know Law. The information shall not be |
28 | discoverable by court order or otherwise, nor shall it be |
29 | offered in evidence in any action or proceeding which is not |
30 | directly related to a violation of this section or any |
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1 | ordinance or resolution of the city. The restrictions set |
2 | forth under this paragraph shall not be deemed to preclude a |
3 | court of competent jurisdiction from issuing an order |
4 | directing that the information be provided to law enforcement |
5 | officials if the information is reasonably described and is |
6 | requested solely in connection with a criminal law |
7 | enforcement action. |
8 | (4) Recorded images obtained through the use of |
9 | automated red light enforcement systems deployed as a means |
10 | of promoting traffic safety in a city shall be destroyed at |
11 | the end of the 30 days following the final disposition of any |
12 | recorded event. The city shall file notice with the |
13 | Department of State that the records have been destroyed in |
14 | accordance with this section. |
15 | (5) Notwithstanding any other provision of law, |
16 | registered vehicle owner information obtained as a result of |
17 | the operation of an automated red light enforcement system |
18 | under this section shall not be the property of the |
19 | manufacturer or vendor of the automated red light enforcement |
20 | system and may not be used for any purpose other than |
21 | prescribed in this section. |
22 | (g) Defenses.-- |
23 | (1) It shall be a defense to a violation under this |
24 | section that the person named in the notice of the violation |
25 | was not operating the vehicle at the time of the violation. |
26 | The owner may be required to submit evidence that the owner |
27 | was not the driver at the time of the alleged violation. The |
28 | city may not require the owner of the vehicle to disclose the |
29 | identity of the operator of the vehicle at the time of the |
30 | violation. |
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1 | (2) If an owner receives a notice of violation under |
2 | this section of a time period during which the vehicle was |
3 | reported to a police department of any state or municipality |
4 | as having been stolen, it shall be a defense to a violation |
5 | under this section that the vehicle has been reported to a |
6 | police department as stolen prior to the time the violation |
7 | occurred and had not been recovered prior to that time. |
8 | (3) It shall be a defense to a violation under this |
9 | section that the person receiving the notice of violation was |
10 | not the owner of the vehicle at the time of the offense. |
11 | (h) Department approval.--No automated red light enforcement |
12 | system may be used without the approval of the department, which |
13 | shall have the authority to promulgate regulations for the |
14 | certification and use of such systems. |
15 | (i) Duty of city.--If a city elects to implement this |
16 | section, the following provisions shall apply: |
17 | (1) The city may not use an automated red light |
18 | enforcement system unless an appropriate sign is posted in a |
19 | conspicuous place before the area in which the automated red |
20 | light enforcement device is to be used notifying the public |
21 | that an automated red light enforcement device is in use |
22 | immediately ahead. |
23 | (2) The city or its designee shall serve as the system |
24 | administrator to supervise and coordinate the administration |
25 | of notices of violations issued under this section. |
26 | (3) The following apply: |
27 | (i) The system administrator shall prepare a notice |
28 | of violation to the registered owner of a vehicle |
29 | identified in a recorded image produced by an automated |
30 | red light enforcement system as evidence of a violation |
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1 | of section 3112(a)(3). The issuance of the notice of |
2 | violation must be done by a police officer employed by |
3 | the police department with primary jurisdiction over the |
4 | area where the violation occurred. The notice of |
5 | violation must have attached to it all of the following: |
6 | (A) A copy of the recorded image showing the |
7 | vehicle. |
8 | (B) The registration number and state of |
9 | issuance of the vehicle registration. |
10 | (C) The date, time and place of the alleged |
11 | violation. |
12 | (D) Notice that the violation charged is under |
13 | section 3112(a)(3). |
14 | (E) Instructions for return of the notice of |
15 | violation. |
16 | (ii) The text of the notice must be as follows: |
17 | This notice shall be returned personally, by mail or |
18 | by an agent duly authorized in writing, within 30 |
19 | days of issuance. A hearing may be obtained upon the |
20 | written request of the registered owner. |
21 | (j) System administrator.-- |
22 | (1) The system administrator may hire and designate |
23 | personnel as necessary or contract for services to implement |
24 | this section. |
25 | (2) The system administrator shall process fines issued |
26 | under this section. |
27 | (3) The system administrator shall submit an annual |
28 | report to the chairman and the minority chairman of the |
29 | Transportation Committee of the Senate and the chairman and |
30 | minority chairman of the Transportation Committee of the |
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1 | House of Representatives. The report shall include for the |
2 | prior year: |
3 | (i) The number of violations and fines issued. |
4 | (ii) A compilation of fines paid and outstanding. |
5 | (iii) The amount of money paid to a vendor or |
6 | manufacturer under this section. |
7 | (k) Notice to owner.--In the case of a violation involving a |
8 | motor vehicle registered under the laws of this Commonwealth, |
9 | the notice of violation must be mailed within 30 days after the |
10 | commission of the violation or within 30 days after the |
11 | discovery of the identity of the registered owner, whichever is |
12 | later, to the address of the registered owner as listed in the |
13 | records of the department. In the case of motor vehicles |
14 | registered in jurisdictions other than this Commonwealth, the |
15 | notice of violation must be mailed within 30 days after the |
16 | discovery of the identity of the registered owner to the address |
17 | of the registered owner as listed in the records of the official |
18 | in the jurisdiction having charge of the registration of the |
19 | vehicle. A notice of violation under this section must be |
20 | provided to an owner within 90 days of the commission of the |
21 | offense. |
22 | (l) Mailing of notice and records.--Notice of violation must |
23 | be sent by first class mail. A manual or automatic record of |
24 | mailing prepared by the system administrator in the ordinary |
25 | course of business shall be prima facie evidence of mailing and |
26 | shall be admissible in any judicial or administrative proceeding |
27 | as to the facts contained in it. |
28 | (m) Payment of fine.-- |
29 | (1) An owner to whom a notice of violation has been |
30 | issued may admit responsibility for the violation and pay the |
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1 | fine provided in the notice. |
2 | (2) Payment must be made personally, through an |
3 | authorized agent or by mailing both payment and the notice of |
4 | violation to the system administrator. Payment by mail must |
5 | be made only by money order, credit card or check made |
6 | payable to the system administrator. The system administrator |
7 | shall remit the fine, less the system administrator's |
8 | operation and maintenance costs necessitated under this |
9 | section, to the department for deposit into the Motor License |
10 | Fund. The department shall use the fines deposited in the |
11 | fund under this paragraph as prescribed under 67 Pa. Code Ch. |
12 | 233 (relating to transportation enhancement grants from |
13 | authorized red light enforcement system revenues). |
14 | (3) Payment of the established fine and applicable |
15 | penalties shall operate as a final disposition of the case. |
16 | (n) Hearing.-- |
17 | (1) An owner to whom a notice of violation has been |
18 | issued may, within 30 days of the mailing of the notice, |
19 | request a hearing to contest the liability alleged in the |
20 | notice. A hearing request must be made by appearing before |
21 | the system administrator during regular office hours either |
22 | personally or by an authorized agent or by mailing a request |
23 | in writing. |
24 | (2) Upon receipt of a hearing request, the system |
25 | administrator shall in a timely manner schedule the matter |
26 | before a hearing officer. The hearing officer shall be |
27 | designated by the city. Written notice of the date, time and |
28 | place of hearing must be sent by first class mail to the |
29 | owner. |
30 | (3) The hearing shall be informal; the rules of evidence |
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1 | shall not apply; and the decision of the hearing officer |
2 | shall be final, subject to the right of the owner to appeal |
3 | the decision to the magisterial district judge. |
4 | (4) If the owner requests in writing that the decision |
5 | of the hearing officer be appealed to the magisterial |
6 | district judge, the system administrator shall file the |
7 | notice of violation and supporting documents with the |
8 | magisterial district judge, who shall hear and decide the |
9 | matter de novo. |
10 | (o) Compensation to manufacturer or vendor.--If a city has |
11 | established an automated red light enforcement system deployed |
12 | as a means of promoting traffic safety and the enforcement of |
13 | the traffic laws of this Commonwealth or the city, the |
14 | compensation paid to the manufacturer or vendor of the automated |
15 | red light enforcement system may not be based upon the number of |
16 | traffic citations issued or a portion or percentage of the fine |
17 | generated by the citations. The compensation paid to the |
18 | manufacturer or vendor of the equipment shall be based upon the |
19 | value of the equipment and the services provided or rendered in |
20 | support of the automated red light enforcement system. |
21 | (p) Duration of yellow light change interval.--The duration |
22 | of the yellow light change interval at intersections where |
23 | automated red light enforcement systems are in use shall conform |
24 | to the yellow light change interval duration specified on the |
25 | traffic signal permit issued by the department. |
26 | (q) Revenue limit.--A city may not collect an amount equal |
27 | to or greater than 5% of its annual budget from the collection |
28 | of revenue from the issuance and payment of violations under |
29 | this section. |
30 | (r) Expiration.--This section shall expire December 31, |
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1 | 2017. |
2 | (s) Definition.--As used in this section, the term "city" |
3 | means a city of the third class with: |
4 | (1) a minimum population of 30,000; and |
5 | (2) a full-time police department. |
6 | Section 3. This act shall take effect in 60 days. |
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