Trial Engrossment of Amendment A04641 to Senate Bill 0172 P.N. 1238, Regular Session 2017-2018

HOUSE AMENDED

A04641

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

172

Session of

2017

INTRODUCED BY ARGALL, SCHWANK, VULAKOVICH, SCAVELLO, BREWSTER,

TARTAGLIONE, COSTA, YUDICHAK, RAFFERTY, BARTOLOTTA, BROWNE,

REGAN AND BLAKE, JANUARY 23, 2017

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, OCTOBER 16, 2017

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in preliminary provisions, further providing for

definitions; and, in rules of the road in general, further

providing for speed timing devices and providing for

automated speed enforcement systems. IN RULES OF THE ROAD IN

GENERAL, PROVIDING FOR PILOT PROGRAM FOR AUTOMATED SPEED

ENFORCEMENT SYSTEM IN HIGHWAY WORK ZONES AND FOR PILOT

PROGRAM FOR AUTOMATED SPEED ENFORCEMENT SYSTEM ON A

DESIGNATED HIGHWAY.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 102 of Title 75 of the Pennsylvania

Consolidated Statutes is amended by adding definitions A

DEFINITION to read:

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Automated speed enforcement system." An electronic traffic

sensor system that:

(1) is able to automatically detect vehicles exceeding

the posted speed limit with a type of speed timing device;

and

(2) records the vehicle's rear license plate, location,

date, time and speed.

"Automated speed enforcement work area." The portion of an

active work zone where construction, maintenance or utility

workers are located on the roadway, berm or shoulder and workers

are adjacent to an active travel lane and where an automated

speed enforcement system is active. For the purposes of this

definition, workers shall also be considered adjacent to an

active travel lane where workers are present and are protected

by a traffic barrier.

* * *

Section 2. Section 3368(c)(2) of Title 75 is amended and the

subsection is amended by adding a paragraph to read:

§ 3368. Speed timing devices.--

* * *

authorized.--

* * *

(2) Except as otherwise provided in paragraph (3),

electronic devices such as radio-microwave devices

[(],commonly referred to as electronic speed meters or

radar[)], may be used only as part of an automated speed

enforcement system or by members of the Pennsylvania State

Police.

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* * *

(5) Light detection and ranging devices, commonly

referred to as LIDAR, may be used only as part of an

automated speed enforcement system.

* * *

Section 3. Title 75 is amended by adding a section to read:

§ 3369. Automated speed enforcement systems.

(a) Establishment.--A program is established to provide for

automated speed enforcement systems in active work areas.

(b) Applicability.--This section shall apply only to

automated speed enforcement work areas on interstate highways

under the jurisdiction of the department or interstate highways

or freeways under the jurisdiction of the Pennsylvania Turnpike

Commission. An automated speed enforcement system shall not be

used unless:

(1) At least two appropriate warning signs are

conspicuously placed before the active work area notifying

the public that an automated speed enforcement device is in

use.

(2) A notice identifying the location of the automated

speed enforcement system is posted on the department's or

Pennsylvania Turnpike Commission's publicly accessible

Internet website throughout the period of use.

in an automated speed enforcement work area by at least 11 miles

per hour is a violation of this section.

(d) Notice of violation.--

(1) (i) An action to enforce this section shall be

initiated by an administrative notice of violation to the

registered owner of a vehicle identified by an automated

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speed enforcement system as violating this section. A

notice of violation based upon inspection of recorded

images produced by an automated speed enforcement system

and sworn or affirmed by an authorized employee of the

department or the Pennsylvania Turnpike Commission shall

be prima facie evidence of the facts contained in the

notice. The authorized employee of the department or the

Pennsylvania Turnpike Commission must be under contract

to the department or the Pennsylvania Turnpike

Commission.

(ii) The notice of violation must include written

verification that the automated speed enforcement system

was operating correctly at the time of the alleged

violation and the date of the most recent inspection that

confirms the automated speed enforcement system to be

operating properly.

(iii) The following shall be attached to the notice

of violation:

(A) A copy of the recorded image showing the

vehicle with its license plate visible.

(B) The registration number and state of

issuance of the vehicle registration.

violation.

(D) Notice that the violation charged is under

this section.

(E) Instructions for return of the notice of

violation.

(2) In the case of a violation involving a motor vehicle

registered under the laws of this Commonwealth, the notice of

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violation shall be mailed within 30 days after the commission

of the violation or within 30 days after the discovery of the

identity of the registered owner, whichever is later, to the

address of the registered owner as listed in the records of

the department.

(3) In the case of a violation involving a motor vehicle

registered in a jurisdiction other than this Commonwealth,

the notice of violation shall be mailed within 30 days after

the discovery of the identity of the registered owner to the

address of the registered owner as listed in the records of

the official in the jurisdiction having charge of the

registration of the vehicle.

(4) A notice of violation shall be invalid unless

provided to an owner within 90 days of the offense.

(5) The notice shall include the following text:

This notice shall be returned personally, by mail or by

an agent duly authorized in writing, within 30 days of

issuance. A hearing may be obtained upon the written

request of the registered owner.

(6) Notice of violation must be sent by first class

mail. A manual or automatic record of mailing prepared by the

system administrator in the ordinary course of business shall

be prima facie evidence of mailing and shall be admissible in

a judicial or administrative proceeding as to the facts

contained in the notice.

(e) Penalty.--

(1) The penalty of a violation under this section shall

be a fine of $100, and the fine shall not be subject to 42

Pa.C.S. § 3571 (relating to Commonwealth portion of fines,

etc.) or 3573 (relating to municipal corporation portion of

A04641 - 5 -

fines, etc.).

(2) The fine is not authorized during times when the

automated speed enforcement work area is not active.

(3) A penalty imposed under this section shall not:

(i) be deemed a criminal conviction;

(ii) be made part of the operating record of the

individual upon whom the penalty is imposed under section

1535 (relating to schedule of convictions and points);

(iii) be the subject of merit rating for insurance

purposes; or

(iv) authorize imposition of surcharge points in the

provision of motor vehicle insurance coverage.

(f) Limitations.--

(1) Recorded images collected as part of the automated

speed enforcement system may record only violations of this

section and may not be used for any other surveillance

purposes. The restrictions provided in this paragraph shall

not preclude a court of competent jurisdiction from issuing

an order directing that the information be provided to law

enforcement officials, if the information is requested solely

in connection with a criminal law enforcement action and is

reasonably described.

(2) Notwithstanding any other provision of law,

information gathered and maintained under this section that

is kept by the Commonwealth, its authorized agents or its

employees, including recorded images, written records,

reports or facsimiles, names and addresses, shall be for the

exclusive purpose of discharging its duties under this

section. The information shall not be deemed a public record

under the act of February 14, 2008 (P.L.6, No.3), known as

A04641 - 6 -

the Right-to-Know Law. The information shall not be

discoverable by court order or otherwise or be admissible as

evidence in a proceeding except to determine liability under

this section. The restrictions provided in this paragraph

shall not preclude a court of competent jurisdiction from

issuing an order directing that the information be provided

to law enforcement officials, if the information is requested

solely in connection with a criminal law enforcement action

and is reasonably described.

(3) Recorded images obtained through the use of

automated speed enforcement systems deployed as a means of

promoting traffic safety in automated speed enforcement work

areas shall be destroyed within one year of final disposition

of a notice of violation, except that images subject to a

court order under paragraph (1) or (2) shall be destroyed

within two years after the date of the order, unless further

extended by court order.

(4) Notwithstanding any other provision of law,

registered vehicle owner information obtained as a result of

the operation of an automated speed enforcement system shall

be the exclusive property of the department or Pennsylvania

Turnpike Commission and may not be used for a purpose other

than prescribed in this section.

(5) A violation of this subsection shall constitute a

misdemeanor of the third degree punishable by a $500 fine.

Each violation shall constitute a separate and distinct

offense.

(g) Defenses.--

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

section that the vehicle was reported to a police department

A04641 - 7 -

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.

(h) Authority and duties of department and Pennsylvania

Turnpike Commission.--

(1) The department and Pennsylvania Turnpike Commission

shall each establish a three-year automated speed enforcement

system program not later than 18 months following the

effective date of this section.

(2) (i) The department and Pennsylvania Turnpike

Commission may each promulgate regulations for the

certification and the use of automated speed enforcement

systems.

(ii) In order to facilitate the prompt

implementation of this section, regulations promulgated

by the department and Pennsylvania Turnpike Commission

under this section shall be deemed temporary regulations

and not subject to:

(A) Sections 201, 202 and 203 of the act of July

31, 1968 (P.L.769, No.240), referred to as the

Commonwealth Documents Law.

(B) The act of June 25, 1982 (P.L.633, No.181),

known as the Regulatory Review Act.

(3) (i) The department and Pennsylvania Turnpike

Commission shall each 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

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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). The department and Pennsylvania

Turnpike Commission shall use the appropriate restricted

account to pay for the administration of the pilot

program and the system administrator's invoice costs.

Remaining fines shall be allocated by the department or

Pennsylvania Turnpike Commission as follows:

(A) Forty-five percent of the fines over the

duration of the three-year program from violations

occurring in an automated speed enforcement system on

either an interstate highway managed by the

department or an interstate highway or freeway under

the jurisdiction of the Pennsylvania Turnpike

Commission shall be deposited into a restricted

account in the State Treasury on a 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

A04641 - 9 -

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 that do not utilize concrete barriers.

The assignments shall be made on an as-necessary

basis as determined by the Pennsylvania State

Police. 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 over the

duration of the three-year program from violations

occurring in an automated speed enforcement system

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

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Pennsylvania Turnpike Commission.

of the three-year program from violations occurring

in an automated speed enforcement system shall be

deposited in the Motor License Fund and shall be

appropriated by the General Assembly.

(iv) 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.

(v) I f the three-year program is not extended by the

General Assembly, any remaining fines remitted to the

department or Pennsylvania Turnpike Commission shall

remain with the department or Pennsylvania Turnpike

Commission 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.

(vi) The system administrator shall provide an

appropriate printed form by which owners may challenge a

notice of violation and convenient hearing hours and

times 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.

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

Pennsylvania Turnpike Commission 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:

(i) The number of vehicular accidents and related

serious injuries and deaths in all work zones and in

automated speed enforcement work areas where the program

operated.

(ii) Speed data.

(iii) The number of notices of violation issued.

(iv) The amount of fines imposed and collected.

(v) Amounts paid under contracts authorized by this

section.

(vi) The number of hours of Pennsylvania State

Police presence that were provided as a result of the

funds under paragraph (3)(iii)(A)(II).

(i) Payment of fine.--

(1) An owner may admit responsibility for the violation

and pay the fine provided in the notice personally, through

an authorized agent, electronically or by mailing both

payment and the notice of violation to the system

administrator.

(2) Payment by mail must be made only by money order,

credit card or check made payable to the Commonwealth.

(3) Payment of the fine shall operate as a final

disposition of the case.

A04641 - 12 -

(4) If payment is not received within 90 days of

original notice, the department or Pennsylvania Turnpike

Commission may turn the matter over to applicable credit

collection agencies.

(j) Contest.--

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

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.

(2) Upon receipt of a hearing request, the system

administrator shall in a timely manner schedule the matter

before a hearing officer designated by the department or

Pennsylvania Turnpike Commission. Written notice of the date,

time and place of hearing must be presented or sent by first

class mail to the owner.

(3) The hearing shall be informal and the rules of

evidence shall not apply. The decision of the hearing officer

shall be final, subject to the right of the owner to appeal

the decision.

(4) If the owner requests in writing that the decision

of the hearing officer be appealed, the system administrator

shall file the notice of violation and supporting documents

with the office of the magisterial district judge for the

magisterial district where the violation occurred, and the

magisterial district judge shall hear and decide the matter

de novo.

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

the effective date of this section.

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Section 4. The Secretary of Transportation or the Chairman

of the Pennsylvania Turnpike Commission shall publish a notice

in the Pennsylvania Bulletin when an automated speed enforcement

system is operational in this Commonwealth.

Section 5. This act shall take effect as follows:

(1) The addition of 75 Pa.C.S. § 3369(e) shall take

effect 60 days after publication in the Pennsylvania Bulletin

of the notice under section 4.

(2) The addition of 75 Pa.C.S. § 3369(h)(2) shall take

effect in 45 days.

(3) Section 4 and this section shall take effect

immediately.

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

days.

* * *

SECTION 2. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ:

§ 3369. PILOT PROGRAM FOR AUTOMATED SPEED ENFORCEMENT SYSTEM IN

HIGHWAY WORK ZONES.

(A) GENERAL RULE.--A PILOT PROGRAM IS ESTABLISHED TO PROVIDE

FOR AN AUTOMATED SPEED ENFORCEMENT SYSTEM IN ACTIVE WORK ZONES

ON STATE HIGHWAYS. THE FOLLOWING APPLY:

(1) THE DEPARTMENT AND PENNSYLVANIA TURNPIKE COMMISSION,

FOLLOWING PROMULGATION OF REGULATIONS, ARE AUTHORIZED TO

ENFORCE SECTION 3362 (RELATING TO MAXIMUM SPEED LIMITS) BY

RECORDING VIOLATIONS USING AN AUTOMATED SPEED ENFORCEMENT

SYSTEM APPROVED BY THE DEPARTMENT.

(2) THIS SECTION SHALL ONLY BE APPLICABLE ON FEDERAL AID

HIGHWAYS AND THE PENNSYLVANIA TURNPIKE IN AREAS AGREED UPON

BY THE SECRETARY AND PENNSYLVANIA TURNPIKE COMMISSION,

RESPECTIVELY, USING AN AUTOMATED SPEED ENFORCEMENT SYSTEM.

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(B) 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 VIOLATION UNDER

ANOTHER SECTION OF THIS TITLE OR HAS A DEFENSE UNDER SUBSECTION

(G).

OF A CERTIFICATE, BASED UPON INSPECTION OF RECORDED IMAGES

PRODUCED BY AN AUTOMATED SPEED ENFORCEMENT SYSTEM AND SWORN TO

OR AFFIRMED BY A POLICE OFFICER SHALL BE PRIMA FACIE EVIDENCE OF

THE FACTS CONTAINED IN IT. THE SYSTEM ADMINISTRATOR MUST INCLUDE

WRITTEN DOCUMENTATION THAT THE AUTOMATED SPEED ENFORCEMENT

SYSTEM WAS OPERATING CORRECTLY AT THE TIME OF THE ALLEGED

VIOLATION. A RECORDED IMAGE EVIDENCING A VIOLATION OF SECTION

3362 SHALL BE ADMISSIBLE IN ANY JUDICIAL OR ADMINISTRATIVE

PROCEEDING TO ADJUDICATE THE LIABILITY FOR THE VIOLATION.

(D) PENALTY.--THE FOLLOWING SHALL APPLY:

(1) THE PENALTY FOR A VIOLATION UNDER SUBSECTION (A)

SHALL BE A FINE OF $40.

(2) THE FINE IS NOT AUTHORIZED DURING TIMES WHEN THE

DESIGNATED HIGHWAY WORK ZONE IS NOT ACTIVE.

(3) A PENALTY IS AUTHORIZED ONLY FOR A VIOLATION OF THIS

SECTION IF EACH OF THE FOLLOWING APPLY:

(I) AT LEAST TWO APPROPRIATE WARNING SIGNS ARE

CONSPICUOUSLY PLACED AT THE BEGINNING AND END AND AT TWO-

MILE INTERVALS OF THE DESIGNATED HIGHWAY WORK ZONE

NOTIFYING THE PUBLIC THAT AN AUTOMATED SPEED ENFORCEMENT

DEVICE IS IN USE.

(II) A NOTICE IDENTIFYING THE LOCATION OF THE

AUTOMATED SPEED ENFORCEMENT SYSTEM IS POSTED ON A

PUBLICLY ACCESSIBLE INTERNET WEBSITE THROUGHOUT THE

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PERIOD OF USE.

(4) A FINE IS NOT AUTHORIZED DURING THE FIRST FIVE DAYS

OF OPERATION OF AN AUTOMATED SPEED ENFORCEMENT SYSTEM IN EACH

SEPARATE HIGHWAY WORK ZONE.

(5) THE SYSTEM ADMINISTRATOR MAY PROVIDE A WRITTEN

WARNING TO THE REGISTERED OWNER OF A VEHICLE DETERMINED TO

HAVE VIOLATED THIS SECTION DURING THE FIRST FIVE DAYS OF

OPERATION OF THE AUTOMATED SPEED ENFORCEMENT SYSTEM.

(6) A PENALTY IMPOSED UNDER THIS SECTION SHALL NOT BE

DEEMED A CRIMINAL CONVICTION AND SHALL NOT BE MADE PART OF

THE OPERATING RECORD UNDER SECTION 1535 (RELATING TO SCHEDULE

OF CONVICTIONS AND POINTS) OF THE INDIVIDUAL UPON WHOM THE

PENALTY IS IMPOSED, NOR MAY THE IMPOSITION OF THE PENALTY BE

SUBJECT TO MERIT RATING FOR INSURANCE PURPOSES.

(7) NO SURCHARGE POINTS MAY BE IMPOSED IN THE PROVISION

OF MOTOR VEHICLE INSURANCE COVERAGE. PENALTIES COLLECTED

UNDER THIS SECTION SHALL NOT BE SUBJECT TO 42 PA.C.S. § 3571

(RELATING TO COMMONWEALTH PORTION OF FINES, ETC.) OR 3573

(RELATING TO MUNICIPAL CORPORATION PORTION OF FINES, ETC.).

(E) LIABILITY.--DRIVING IN EXCESS OF THE POSTED SPEED LIMIT

ALONG THE DESIGNATED HIGHWAY WORK ZONE BY 11 MILES PER HOUR OR

MORE IS A VIOLATION OF THIS SECTION.

(F) LIMITATIONS.--THE FOLLOWING SHALL APPLY:

(1) NO AUTOMATED SPEED ENFORCEMENT SYSTEM SHALL BE

UTILIZED IN SUCH A MANNER AS TO TAKE A FRONTAL VIEW RECORDED

IMAGE OF THE VEHICLE AS EVIDENCE OF HAVING COMMITTED A

VIOLATION.

(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, CAMERA

EQUIPMENT DEPLOYED AS PART OF AN AUTOMATED SPEED ENFORCEMENT

SYSTEM AS PROVIDED IN THIS SECTION MUST BE INCAPABLE OF

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AUTOMATED OR USER-CONTROLLED REMOTE SURVEILLANCE BY MEANS OF

RECORDED VIDEO IMAGES. RECORDED IMAGES COLLECTED AS PART OF

THE AUTOMATED SPEED ENFORCEMENT SYSTEM MUST ONLY RECORD

TRAFFIC VIOLATIONS AND MAY NOT BE USED FOR ANY OTHER

SURVEILLANCE PURPOSES, BUT MAY INCLUDE VIDEO OF THE

DESIGNATED HIGHWAY WORK ZONE ENFORCED WHEN TRIGGERED BY A

VIOLATION. THE RESTRICTIONS SET FORTH IN THIS PARAGRAPH SHALL

NOT BE DEEMED TO PRECLUDE A COURT OF COMPETENT JURISDICTION

FROM ISSUING AN ORDER DIRECTING THAT THE INFORMATION BE

PROVIDED TO LAW ENFORCEMENT OFFICIALS IF THE INFORMATION IS

REASONABLY DESCRIBED AND IS REQUESTED SOLELY IN CONNECTION

WITH A CRIMINAL LAW ENFORCEMENT ACTION.

(3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,

INFORMATION PREPARED UNDER THIS SECTION AND INFORMATION

RELATING TO VIOLATIONS UNDER THIS SECTION WHICH IS KEPT BY

THE DEPARTMENT, PENNSYLVANIA TURNPIKE COMMISSION OR SYSTEM

ADMINISTRATOR OR THEIR AUTHORIZED AGENTS OR EMPLOYEES,

INCLUDING RECORDED IMAGES, WRITTEN RECORDS, REPORTS OR

FACSIMILES, NAMES, ADDRESSES AND THE NUMBER OF VIOLATIONS

UNDER THIS SECTION, SHALL BE FOR THE EXCLUSIVE USE OF THE

DEPARTMENT, PENNSYLVANIA TURNPIKE COMMISSION AND SYSTEM

ADMINISTRATOR, THEIR AUTHORIZED AGENTS AND EMPLOYEES AND LAW

ENFORCEMENT OFFICIALS FOR THE PURPOSE OF DISCHARGING THEIR

DUTIES UNDER THIS SECTION. THE INFORMATION SHALL NOT BE

DEEMED A PUBLIC RECORD UNDER THE ACT OF FEBRUARY 14, 2008

(P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW. THE

INFORMATION SHALL NOT BE DISCOVERABLE BY COURT ORDER OR

OTHERWISE, NOR SHALL IT BE OFFERED IN EVIDENCE IN ANY ACTION

OR PROCEEDING WHICH IS NOT DIRECTLY RELATED TO A VIOLATION OF

THIS SECTION. THE RESTRICTIONS SET FORTH IN THIS PARAGRAPH

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SHALL NOT BE DEEMED TO PRECLUDE A COURT OF COMPETENT

JURISDICTION FROM ISSUING AN ORDER DIRECTING THAT THE

INFORMATION BE PROVIDED TO LAW ENFORCEMENT OFFICIALS IF THE

INFORMATION IS REASONABLY DESCRIBED AND IS REQUESTED SOLELY

IN CONNECTION WITH A CRIMINAL LAW ENFORCEMENT ACTION.

(4) RECORDED IMAGES OBTAINED THROUGH THE USE OF

AUTOMATED SPEED ENFORCEMENT SYSTEMS DEPLOYED AS A MEANS OF

PROMOTING TRAFFIC SAFETY IN THIS COMMONWEALTH SHALL BE

DESTROYED WITHIN ONE YEAR OF FINAL DISPOSITION OF ANY

RECORDED EVENT EXCEPT THAT IMAGES SUBJECT TO A COURT ORDER

UNDER PARAGRAPH (2) OR (3) SHALL BE DESTROYED WITHIN TWO

YEARS AFTER THE DATE OF THE ORDER, UNLESS FURTHER EXTENDED BY

COURT ORDER. THE DEPARTMENT SHALL FILE NOTICE WITH THE

DEPARTMENT OF STATE THAT THE RECORDS HAVE BEEN DESTROYED IN

ACCORDANCE WITH THIS SECTION.

(5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,

REGISTERED VEHICLE OWNER INFORMATION OBTAINED AS A RESULT OF

THE OPERATION OF AN AUTOMATED SPEED ENFORCEMENT SYSTEM UNDER

THIS SECTION SHALL NOT BE THE PROPERTY OF THE SYSTEM

ADMINISTRATOR, MANUFACTURER OR VENDOR OF THE AUTOMATED SPEED

ENFORCEMENT SYSTEM AND MAY NOT BE USED FOR ANY PURPOSE OTHER

THAN PRESCRIBED IN THIS SECTION.

(6) A VIOLATION OF THIS SUBSECTION SHALL CONSTITUTE A

MISDEMEANOR OF THE THIRD DEGREE PUNISHABLE BY A $500 FINE.

EACH VIOLATION SHALL CONSTITUTE A SEPARATE AND DISTINCT

OFFENSE.

(G) DEFENSES.--THE FOLLOWING SHALL APPLY:

(1) 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.

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THE OWNER MAY BE REQUIRED TO SUBMIT EVIDENCE THAT THE OWNER

WAS NOT THE DRIVER AT THE TIME OF THE ALLEGED VIOLATION. THE

OWNER OF THE VEHICLE SHALL NOT BE REQUIRED TO DISCLOSE THE

IDENTITY OF THE OPERATOR OF THE VEHICLE AT THE TIME OF THE

VIOLATION.

(2) IF AN OWNER RECEIVES A NOTICE OF VIOLATION PURSUANT

TO THIS SECTION OF A TIME PERIOD DURING WHICH THE VEHICLE WAS

REPORTED TO A POLICE DEPARTMENT OF ANY STATE OR MUNICIPALITY

AS HAVING BEEN STOLEN, IT SHALL BE A DEFENSE TO A VIOLATION

UNDER THIS SECTION THAT THE VEHICLE HAS BEEN REPORTED TO A

POLICE DEPARTMENT AS STOLEN PRIOR TO THE TIME THE VIOLATION

OCCURRED AND HAD NOT BEEN RECOVERED PRIOR TO THAT TIME.

(3) 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.

(4) 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.

(H) DEPARTMENT APPROVAL.--NO AUTOMATED SPEED ENFORCEMENT

SYSTEM MAY BE USED WITHOUT THE APPROVAL OF THE DEPARTMENT. THE

DEPARTMENT SHALL HAVE THE AUTHORITY TO PROMULGATE REGULATIONS

FOR THE CERTIFICATION AND USE OF THE SYSTEMS, WHICH MAY INCLUDE

THE USE OF RADIO-MICROWAVE DEVICES, COMMONLY REFERRED TO AS

ELECTRONIC SPEED METERS OR RADAR, OR LIGHT DETECTION AND RANGING

DEVICES, COMMONLY REFERRED TO AS LIDAR, IN THEIR OPERATIONS.

NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THESE DEVICES SHALL

BE TESTED FOR ACCURACY AT REGULAR INTERVALS AS DESIGNATED BY

REGULATION OF THE DEPARTMENT.

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(I) PROCEDURE.--THE FOLLOWING SHALL APPLY:

(1) AN AUTOMATED SPEED ENFORCEMENT SYSTEM MAY NOT BE

USED UNLESS THERE IS POSTED AN APPROPRIATE SIGN IN A

CONSPICUOUS PLACE BEFORE THE DESIGNATED HIGHWAY WORK ZONE IN

WHICH THE AUTOMATED SPEED ENFORCEMENT DEVICE IS TO BE USED

NOTIFYING THE PUBLIC THAT AN AUTOMATED SPEED ENFORCEMENT

DEVICE IS IN USE IMMEDIATELY AHEAD.

(2) THE DEPARTMENT AND THE PENNSYLVANIA TURNPIKE

COMMISSION SHALL DESIGNATE OR APPOINT A SYSTEM ADMINISTRATOR

OR SYSTEM ADMINISTRATORS TO SUPERVISE AND COORDINATE THE

ADMINISTRATION OF NOTICES OF VIOLATION ISSUED UNDER THIS

SECTION.

(3) A SYSTEM ADMINISTRATOR SHALL PREPARE A NOTICE OF

VIOLATION TO THE REGISTERED OWNER OF A VEHICLE IDENTIFIED IN

A RECORDED IMAGE PRODUCED BY AN AUTOMATED SPEED ENFORCEMENT

SYSTEM AS EVIDENCE OF A VIOLATION OF SECTION 3362. THE NOTICE

OF VIOLATION MUST BE ISSUED BY A POLICE OFFICER EMPLOYED BY

THE POLICE DEPARTMENT WITH PRIMARY JURISDICTION OVER THE AREA

WHERE THE VIOLATION OCCURRED. THE NOTICE OF VIOLATION SHALL

HAVE THE FOLLOWING ATTACHED TO IT:

(I) A COPY OF THE RECORDED IMAGE SHOWING THE VEHICLE

WITH LICENSE PLATE VISIBLE;

(II) THE REGISTRATION NUMBER AND STATE OF ISSUANCE

OF THE VEHICLE REGISTRATION;

(III) THE DATE, TIME AND PLACE OF THE ALLEGED

VIOLATION;

(IV) NOTICE THAT THE VIOLATION CHARGED IS UNDER

SECTION 3362; AND

(V) INSTRUCTIONS FOR RETURN OF THE NOTICE OF

VIOLATION, WHICH SHALL READ:

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THIS NOTICE SHALL BE RETURNED PERSONALLY, BY MAIL OR

BY AN AGENT DULY AUTHORIZED IN WRITING, WITHIN 30

DAYS OF ISSUANCE. A HEARING MAY BE OBTAINED UPON THE

WRITTEN REQUEST OF THE REGISTERED OWNER.

(J) SYSTEM ADMINISTRATOR.--THE FOLLOWING SHALL APPLY:

(1) A SYSTEM ADMINISTRATOR MAY HIRE AND DESIGNATE

PERSONNEL AS NECESSARY OR CONTRACT FOR SERVICES TO IMPLEMENT

THIS SECTION.

(2) THE SYSTEM ADMINISTRATOR SHALL PROCESS NOTICES OF

VIOLATION AND PENALTIES ISSUED UNDER THIS SECTION.

(3) NOT LATER THAN APRIL 1 ANNUALLY, THE SYSTEM

ADMINISTRATOR, IN COORDINATION WITH THE DEPARTMENT AND THE

PENNSYLVANIA TURNPIKE COMMISSION, SHALL SUBMIT AN ANNUAL

REPORT TO THE CHAIRPERSON AND THE 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 CONSIDERED

A PUBLIC RECORD UNDER THE RIGHT-TO-KNOW LAW AND INCLUDE FOR

THE PRIOR YEAR:

(I) THE NUMBER OF VIOLATIONS AND FINES ISSUED AND

DATA REGARDING THE SPEEDS OF VEHICLES IN THE ENFORCEMENT

AREA.

(II) A COMPILATION OF PENALTIES PAID AND

OUTSTANDING.

(III) THE AMOUNT OF MONEY PAID TO THE SYSTEM

ADMINISTRATOR.

(IV) THE AMOUNT OF MONEY PAID TO A VENDOR OR

MANUFACTURER UNDER THIS SECTION.

(V) THE NUMBER OF VEHICULAR ACCIDENTS AND RELATED

SERIOUS INJURIES AND DEATHS ALONG THE DESIGNATED HIGHWAY

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WORK ZONES.

(K) NOTICE TO OWNER.--IN THE CASE OF A VIOLATION INVOLVING A

MOTOR VEHICLE REGISTERED UNDER THE LAWS OF THIS COMMONWEALTH,

THE NOTICE OF VIOLATION MUST BE MAILED WITHIN 30 DAYS AFTER THE

COMMISSION OF THE VIOLATION OR WITHIN 30 DAYS AFTER THE

DISCOVERY OF THE IDENTITY OF THE REGISTERED OWNER, WHICHEVER IS

LATER, AND NOT THEREAFTER TO THE ADDRESS OF THE REGISTERED OWNER

AS LISTED IN THE RECORDS OF THE DEPARTMENT. IN THE CASE OF MOTOR

VEHICLES REGISTERED IN JURISDICTIONS OTHER THAN THIS

COMMONWEALTH, THE NOTICE OF VIOLATION MUST BE MAILED WITHIN 30

DAYS AFTER THE DISCOVERY OF THE IDENTITY OF THE REGISTERED OWNER

TO THE ADDRESS OF THE REGISTERED OWNER AS LISTED IN THE RECORDS

OF THE OFFICIAL IN THE JURISDICTION HAVING CHARGE OF THE

REGISTRATION OF THE VEHICLE. A NOTICE OF VIOLATION UNDER THIS

SECTION MUST BE PROVIDED TO AN OWNER WITHIN 90 DAYS OF THE

COMMISSION OF THE OFFENSE.

(L) MAILING OF NOTICE AND RECORDS.--NOTICE OF VIOLATION MUST

BE SENT BY FIRST CLASS MAIL. A MANUAL OR AUTOMATIC RECORD OF

MAILING PREPARED BY THE SYSTEM ADMINISTRATOR IN THE ORDINARY

COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF MAILING AND

SHALL BE ADMISSIBLE IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING

AS TO THE FACTS CONTAINED IN IT.

(M) PAYMENT OF FINE.--THE FOLLOWING SHALL APPLY:

(1) AN OWNER TO WHOM A NOTICE OF VIOLATION HAS BEEN

ISSUED MAY ADMIT RESPONSIBILITY FOR THE VIOLATION AND PAY THE

FINE PROVIDED IN THE NOTICE.

(2) PAYMENT MUST BE MADE PERSONALLY, THROUGH AN

AUTHORIZED AGENT, ELECTRONICALLY OR BY MAILING BOTH PAYMENT

AND THE NOTICE OF VIOLATION TO THE SYSTEM ADMINISTRATOR.

PAYMENT BY MAIL MUST BE MADE ONLY BY MONEY ORDER, CREDIT CARD

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OR CHECK MADE PAYABLE TO THE SYSTEM ADMINISTRATOR. THE SYSTEM

ADMINISTRATOR SHALL REMIT THE FINE TO THE DEPARTMENT OR

PENNSYLVANIA TURNPIKE COMMISSION. THE DEPARTMENT AND THE

PENNSYLVANIA TURNPIKE COMMISSION SHALL PAY THE

ADMINISTRATOR'S OPERATION AND MAINTENANCE COSTS NECESSITATED

BY THIS SECTION. THE REMAINING FINES SHALL BE DEPOSITED INTO

A RESTRICTED RECEIPTS ACCOUNT IN THE MOTOR LICENSE FUND.

FINES DEPOSITED IN THE FUND UNDER THIS PARAGRAPH SHALL BE

USED BY THE DEPARTMENT FOR A TRANSPORTATION ENHANCEMENT

GRANTS PROGRAM AS ESTABLISHED BY SECTION 3116 (RELATING TO

AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS IN FIRST CLASS

CITIES). THE DEPARTMENT SHALL AWARD TRANSPORTATION

ENHANCEMENT GRANTS ON A COMPETITIVE BASIS. THE DEPARTMENT MAY

PAY ACTUAL ADMINISTRATIVE COSTS ARISING FROM THE DEPARTMENT'S

ADMINISTRATION OF THIS SECTION. THE DEPARTMENT MAY NOT

RESERVE, DESIGNATE OR SET ASIDE A SPECIFIC LEVEL OF FUNDS OR

PERCENTAGE OF FUNDS TO AN APPLICANT PRIOR TO THE COMPLETION

OF THE APPLICATION PROCESS, NOR MAY THE DEPARTMENT DESIGNATE

A SET PERCENTAGE OF FUNDS TO AN APPLICANT.

(3) PAYMENT OF THE ESTABLISHED FINE AND APPLICABLE

PENALTIES SHALL OPERATE AS A FINAL DISPOSITION OF THE CASE.

(4) IF PAYMENT IS NOT MADE WITHIN 90 DAYS OF ORIGINAL

NOTICE, THE DEPARTMENT OR PENNSYLVANIA TURNPIKE COMMISSION

MAY TURN THE MATTER OVER TO THE APPLICABLE CREDIT AGENCIES.

(N) HEARING.--THE FOLLOWING SHALL APPLY:

(1) AN OWNER TO WHOM A NOTICE OF VIOLATION HAS BEEN

ISSUED MAY, WITHIN 30 DAYS OF THE MAILING OF THE NOTICE,

REQUEST A HEARING TO CONTEST THE LIABILITY ALLEGED IN THE

NOTICE. A HEARING REQUEST MUST BE MADE BY APPEARING BEFORE

THE SYSTEM ADMINISTRATOR DURING REGULAR OFFICE HOURS EITHER

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PERSONALLY OR BY AN AUTHORIZED AGENT OR BY MAILING A REQUEST

IN WRITING. A HEARING REQUEST FORM MAY BE INCLUDED WITH OR AS

PART OF THE NOTICE OF VIOLATION.

(2) UPON RECEIPT OF A HEARING REQUEST, THE SYSTEM

ADMINISTRATOR SHALL IN A TIMELY MANNER SCHEDULE THE MATTER

BEFORE A HEARING OFFICER. THE HEARING OFFICER SHALL BE

DESIGNATED BY THE DEPARTMENT. WRITTEN NOTICE OF THE DATE,

TIME AND PLACE OF HEARING MUST BE SENT BY FIRST CLASS MAIL TO

THE OWNER. THE SYSTEM ADMINISTRATOR SHALL ESTABLISH

CONVENIENT HEARING HOURS AND TIMES IN EACH OF THE FOLLOWING

METROPOLITAN AREAS FOR CHALLENGES TO BE HEARD AS PROVIDED IN

THIS SECTION: ERIE, HARRISBURG, PHILADELPHIA, PITTSBURGH AND

SCRANTON.

(3) THE HEARING SHALL BE CONDUCTED PURSUANT TO 2 PA.C.S.

CH. 5 (RELATING TO PRACTICE AND PROCEDURE) AND SHALL BE

SUBJECT TO APPEAL PURSUANT TO 2 PA.C.S. CH. 7 (RELATING TO

JUDICIAL REVIEW).

(O) COMPENSATION TO SYSTEM ADMINISTRATOR, MANUFACTURER OR

VENDOR.--COMPENSATION PAID TO THE MANUFACTURER OR VENDOR OF THE

AUTOMATED SPEED ENFORCEMENT SYSTEM MAY NOT BE BASED UPON THE

NUMBER OF TRAFFIC CITATIONS ISSUED OR A PORTION OR PERCENTAGE OF

THE FINE GENERATED BY THE CITATIONS. THE COMPENSATION PAID TO

THE SYSTEM ADMINISTRATOR, MANUFACTURER OR VENDOR OF THE

EQUIPMENT SHALL BE BASED UPON THE VALUE OF THE EQUIPMENT AND THE

SERVICES PROVIDED OR RENDERED IN SUPPORT OF THE AUTOMATED SPEED

ENFORCEMENT SYSTEM.

(P) EXPIRATION.--THIS SECTION SHALL EXPIRE FIVE YEARS FROM

THE EFFECTIVE DATE OF REGULATIONS PROMULGATED BY THE DEPARTMENT

UNDER THIS SECTION.

(Q) DEFINITION.--FOR THE PURPOSES OF THIS SECTION, THE TERM

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