Regular Session 2023-2024 House Bill 1662 P.N. 1964

PRINTER'S NO. 1964

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1662

Session of

2023

INTRODUCED BY NEILSON, SEPTEMBER 7, 2023

REFERRED TO COMMITTEE ON TRANSPORTATION, SEPTEMBER 7, 2023

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in rules of the road in general, further providing

for automated speed enforcement systems in active work zones.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3369(b), (c.1), (g), (h)(3) and (4)(vi),

(j)(1) and (k) of Title 75 of the Pennsylvania Consolidated

Statutes are amended to read:

§ 3369. Automated speed enforcement systems in active work

zones.

* * *

(b) Applicability.--This section shall apply to Federal aid

highways only under the jurisdiction of the department and the

Pennsylvania Turnpike Commission. An automated speed enforcement

system may not be used unless:

(1) At least two appropriate warning signs are

conspicuously placed before the active work zone notifying

the public that an automated speed enforcement device is in

use[.] and at least one of the warning signs is affixed with

flashing lights that are lit at all times when the automated

speed enforcement system is active.

(2) At least one of the signs under paragraph (1):

(i) indicates if the automated speed enforcement

system is active or not active[.]; and

(ii) is placed at least 1,000 feet before the active

work zone, unless the department or the Pennsylvania

Turnpike Commission determines that a lesser distance is

necessary to ensure the safety of the work zone, comply

with Federal regulations or provide adequate traffic

control in the work zone. If the department or the

Pennsylvania Turnpike Commission determines that a lesser

distance is necessary under this subparagraph, the

department or the Pennsylvania Turnpike Commission shall

place the sign prior to the active work zone at a

distance that provides motorists with the maximum

feasible advanced notification of the automated speed

enforcement system prior to entering the active work

zone.

(3) An appropriate sign is conspicuously placed at the

end of the active work zone.

(4) A notice identifying the location of the automated

speed enforcement system is posted at the active work zone

and on the department's or Pennsylvania Turnpike Commission's

publicly accessible Internet website. The notice on the

websites shall remain throughout the period of use.

* * *

(c.1) Owner liability.--For each violation under this

section, the owner of the vehicle shall be liable for the

penalty imposed unless the owner is convicted of the same

20230HB1662PN1964 - 2 -

violation under another provision of this title or has a defense

under subsection (g). For the purposes of this section, the

lessee of a vehicle shall be considered the owner of a leased

vehicle.

* * *

(g) Defenses.--

(1) It shall be a defense to a violation under this

section that the vehicle was reported to a police department

as stolen prior to the time the violation occurred and was

not recovered prior to that time.

(2) It shall be a defense to a violation under this

section that the person receiving the notice of violation was

not the owner of the vehicle at the time of the offense.

(3) It shall be a defense to a violation under this

section that the device being used to determine speed was not

in compliance with section 3368 (relating to speed timing

devices) with respect to testing for accuracy, certification

or calibration.

(4) It shall be a defense to a violation under this

section that the person named in the notice of the violation

was not operating the vehicle at the time of the violation.

The owner may be required to submit evidence that the owner

was not the operator at the time of the alleged violation.

The system administrator may not require the owner of the

vehicle to disclose the identity of the operator of the

vehicle at the time of the violation.

(h) Authority and duties of department and Pennsylvania

Turnpike Commission.--

* * *

(3) (i) The department and Pennsylvania Turnpike

20230HB1662PN1964 - 3 -

Commission shall serve directly or through a contracted

private service as the system administrator of the

program. Compensation under a contract authorized by this

paragraph shall be based only upon the value of equipment

and services provided or rendered in support of the

automated speed enforcement system program and may not be

based on the quantity of notices of violation issued or

amount of fines imposed or generated.

(ii) The system administrator shall prepare and

issue notices of violation.

(iii) Two restricted accounts are established in the

State Treasury for fines remitted under this section to

the department and Pennsylvania Turnpike Commission,

respectively. The system administrator of the department

or Pennsylvania Turnpike Commission, if any, shall send

an invoice to the department or Pennsylvania Turnpike

Commission based, respectively, on the services under

subparagraph (i) and the Pennsylvania State Police under

subsection (d)(1)(i). The department, Pennsylvania

Turnpike Commission and the Pennsylvania State Police

shall use the appropriate restricted account to pay for

the administration of the [pilot] program and the system

administrator's invoice costs, if applicable. Remaining

fines shall be allocated by the department or

Pennsylvania Turnpike Commission [for the first three

years as follows:

(A) Forty-five percent of the fines from

violations occurring in an automated speed

enforcement work area shall be deposited into a

restricted account in the State Treasury on a

20230HB1662PN1964 - 4 -

quarterly basis. The Department of Revenue shall,

within 90 days of the date of deposit, transfer to

the Pennsylvania State Police an amount equivalent to

the previous quarterly deposit to be used by the

Pennsylvania State Police as follows:

(I) Fifty-five percent of the funds shall be

dedicated and used for the purpose of recruiting,

training or equipping Pennsylvania State Police

Cadets.

(II) Forty-five percent of the funds shall

be dedicated and used to pay for an increased

Pennsylvania State Trooper presence in work zones

on the State road system managed by the

department or the Pennsylvania Turnpike

Commission. Funds under this subclause shall be

in addition to any contractual agreement between

the department or the Pennsylvania Turnpike

Commission and the Pennsylvania State Police for

enforcement in work zones on the State road

system managed by the department or the

Pennsylvania Turnpike Commission.

(B) Fifteen percent of the fines from violations

occurring in an automated speed enforcement work area

shall be transferred to the department or the

Pennsylvania Turnpike Commission, whichever State

road system utilized the automated speed enforcement

system, for the purpose of work zone safety, traffic

safety and educating the motoring public on work zone

safety, at the discretion of the department or

Pennsylvania Turnpike Commission.

20230HB1662PN1964 - 5 -

occurring in an automated speed enforcement work area

shall be deposited in the Motor License Fund and

shall be appropriated by the General Assembly.

(iv) Remaining fines shall be allocated by the

department or Pennsylvania Turnpike Commission for the

last two years to develop a Work Zone and Highway Safety

Program. At a minimum, funds from the Work Zone and

Highway Safety Program shall be used for improvement

projects and countermeasures to improve the safety in

work zones and on highways. Funds may also be used to

increase awareness of distracted driving and

transportation enhancements established under section

3116 (relating to automated red light enforcement systems

in first class cities).

(v) If the amount of funds under subparagraph (iii)

(A) is lower than the amount of funds under subparagraph

(iii)(A) for the previous fiscal year, funds from the

Motor License Fund may not be used to supplement the

funds for the current fiscal year. Funding provided for

under subparagraph (iii)(A) shall be supplemental and

shall not prohibit the Pennsylvania State Police from

obtaining additional funding from any other means.

(vi) If the five-year program is not extended by the

General Assembly, any remaining fines remitted to the

department or Pennsylvania Turnpike Commission shall be

used as provided under subparagraph (iv).] to develop a

Work Zone and Highway Safety Program. At a minimum, money

from the Work Zone and Highway Safety Program shall be

used for improvement projects and countermeasures to

20230HB1662PN1964 - 6 -

improve the safety in work zones and on highways. Money

may also be used to increase awareness of distracted

driving and transportation enhancements established under

section 3116 (relating to automated red light enforcement

systems in first class cities).

(vii) The system administrator shall provide an

appropriate printed form by which owners may challenge a

notice of violation and convenient hearing hours and

times for hearings to be conducted through live-stream

synchronous video conferencing or similar virtual

presence technology or in person in each of the following

metropolitan areas for challenges to be heard as provided

in this section: Erie, Harrisburg, Philadelphia,

Pittsburgh and Scranton. The form may be included with or

as part of the notice of violation.

(4) Not later than April 1 annually, the department, the

Pennsylvania Turnpike Commission and the Pennsylvania State

Police shall submit a report on the program for the preceding

calendar year to the chairperson and minority chairperson of

the Transportation Committee of the Senate and the

chairperson and minority chairperson of the Transportation

Committee of the House of Representatives. The report shall

be a public record under the Right-to-Know Law and include:

* * *

[(vi) The number of hours of Pennsylvania State

Police presence in work zones that were provided as a

result of the funds under paragraph (3)(iii)(A)(II).]

* * *

(j) Contest.--

(1) An owner may, within 30 days of the mailing of the

20230HB1662PN1964 - 7 -

notice, request a hearing to contest liability by appearing

before the system administrator either personally or by an

authorized agent or by mailing a request in writing on the

prescribed form. [Appearances in person shall be only at the

locations and times set by the system administrator.] A

hearing to contest liability may be in person or be conducted

through live-stream synchronous video conferencing or similar

virtual presence technology and shall be only at the

locations and times set by the system administrator.

* * *

[(k) Expiration.--This section shall expire five years from

the effective date of this section.]

Section 2. This act shall take effect as follows:

(1) The following provisions shall take effect

immediately:

(i) The amendment of 75 Pa.C.S. § 3369(k).

(ii) This section.

(2) The remainder of this act shall take effect in 60

days.

20230HB1662PN1964 - 8 -