PRINTER'S NO. 1959
THE
GENERAL ASSEMBLY OF
HOUSE
No. 1559 Session of 2007
INTRODUCED BY KENNEY, DONATUCCI, J.
BISHOP,
REFERRED TO COMMITTEE ON TRANSPORTATION,
AN ACT
1 Amending Title 75 (Vehicles) of the
2
Statutes, further providing for automated red light
3
enforcement systems in first class cities; and providing for
4
automated speed timing systems in first class cities.
5
The General Assembly of the
7
Section 1. Section 3116(e) and
(q) of Title 75 of the
8 Pennsylvania Consolidated Statutes are
amended to read:
9 § 3116. Automated red light enforcement systems in
first class
13
(1) No
automated red light enforcement system shall be
14
utilized in such a manner as to take a frontal view
15
photograph of the vehicle as evidence of having committed a
17
(2)
Notwithstanding any other provision of law, camera
18 equipment deployed as part of an
automated red light
1
enforcement system as provided in this section must be
2
incapable of automated or user-controlled remote intersection
3 surveillance by means of recorded video
images. Photographs
4
collected as part of the automated red light enforcement
5
system [must be 35-millimeter film only,] must only record
6
traffic violations and may not be used for any other
7 surveillance purposes. The
restrictions set forth in this
8 paragraph shall not be deemed to
preclude a court of
9 competent jurisdiction from issuing
an order directing that
10
the information be provided to law enforcement officials if
11
the information is reasonably described and is requested
12 solely in connection with a criminal law
enforcement action.
13
(3) Notwithstanding
any other provision of law,
14
information prepared under this section and information
15
relating to violations under this section which is
kept by
16
the city of the first class, its authorized agents or its
17
employees, including photographs, written records, reports or
18
facsimiles, names, addresses and the number of violations
19
under this section, shall be for the exclusive use of the
20
city, its authorized agents, its employees and law
21
enforcement officials for the purpose of discharging their
22
duties under this section and under any ordinances and
23 resolutions of the city. The
information shall not be deemed
24
a public record under the act of
25
No.212), referred to as the Right-to-Know Law. The
26
information shall not be discoverable by court order or
27
otherwise, nor shall it be offered in evidence in any action
28
or proceeding which is not directly related to a violation of
29 this section or any ordinance or
resolution of the city. The
30
restrictions set forth in this paragraph shall not be deemed
20070H1559B1959 -
2 -
1
to preclude a court of competent jurisdiction from issuing an
2 order directing that the
information be provided to law
3
enforcement officials if the information is reasonably
4
described and is requested solely in connection with a
5 criminal law
enforcement action.
6
(4)
Photographic evidence obtained through the use of
7
automated red light enforcement systems deployed as a means
8
of promoting traffic safety in a city of the first class
9
shall be destroyed within one year of final disposition of
10 any recorded event. The city shall
file notice with the
11
Department of State that the records have been destroyed in
12 accordance with this section.
13
(5) Notwithstanding any other provision of
law,
14 registered vehicle owner information
obtained as a result of
15
the operation of an automated red light enforcement system
16
under this section shall not be the property of the
17
manufacturer or vendor of the automated red light enforcement
18
system and may not be used for any purpose other than
19
prescribed in this section.
21
(q) Expiration.--This
section shall expire December 31,
23
Section 2. Title 75 is amended by
adding a section to read:
24 § 3369. Automated speed timing systems in first class
cities.
26
(1) Except
as otherwise provided in subsection (b), a
27
city of the first class, upon passage of an ordinance, is
28
authorized to enforce section 3362 (relating to maximum speed
29
limits) by recording violations using an automated speed
30
timing system approved by the department, which may include
20070H1559B1959 -
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1 electronic devices such as
radio-microwave devices, commonly
2
referred to as electronic speed meters or radar, restricted
3
to use by members of the Pennsylvania State Police pursuant
4 to section 3368(c) (relating to speed
timing devices).
5
(2) Except
as otherwise provided in subsection (b), this
6 section shall only be applicable at
State and local highways
7
in a city of the first class agreed upon by the system
8 administrator and the secretary.
9
(b) Emergency
implementation.--The system administrator and
10 the secretary shall implement an
automated speed timing system
11 at locations deemed necessary for
public safety on U.S. Route 1
12 (
13 County line shared with
14 (
15 without need of an ordinance under
subsection (a)(1).
16
(c) Owner
liability.--For each violation pursuant to this
17 section, the owner of the vehicle
shall be liable for the
18 penalty imposed unless the owner is
convicted of the same
19 violation under another section of
this title or has a defense
21
(d) Certificate
as evidence.--A certificate, or a facsimile
22 of a certificate, based upon
inspection of photographs produced
23 by an automated speed timing system
and sworn to or affirmed by
24 a police officer employed by a city of
the first class or a
25 member of the Pennsylvania State
Police shall be prima facie
26 evidence of the facts contained in it.
The system administrator
27 must include written documentation
that the automated speed
28 timing system was operating correctly
at the time of the alleged
29 violation. A photograph evidencing a
violation of section 3362
30 shall be admissible in any judicial or
administrative proceeding
20070H1559B1959 -
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1 to adjudicate the liability for the
violation.
3
(1) The
penalty for a violation under subsections (a)
5 (i) $125, if the speed
recorded is six to ten miles
6 per hour in excess of the legal speed
limit.
7 (ii) $150, if the speed recorded is 11 to
15 miles
8 per hour in excess of the legal speed
limit.
9 (iii) $200, if the speed recorded is 16 to
20 miles
10 per hour in excess of the legal speed
limit.
11 (iv) $300, if the speed recorded is 21 to
25 miles
12 per hour in excess of the legal speed
limit.
13 (v) $400, if the speed recorded is 26 to
30 miles
14 per hour in excess of the legal speed
limit.
15 (vi) $500, if the speed recorded is 31 or
more miles
16 per hour in excess of the legal speed
limit.
17
(2) A
fine is not authorized during the first 30 days of
18 operation of the automated system at each
location.
19
(3) A
warning may be sent to the violator under
21
(4) A
penalty imposed under this section shall not be
22
deemed a criminal conviction and shall not be made part of
23
the operating record under section 1535 (relating to schedule
24
of convictions and points) of the individual upon whom the
25 penalty is imposed, nor may the
imposition of the penalty be
26 subject to merit rating for insurance
purposes.
27
(5) No
surcharge points may be imposed in the provision
28 of motor vehicle insurance coverage.
Fines collected under
29
this section shall not be subject to 42 Pa.C.S.
§ 3571
30
(relating to Commonwealth portion of fines, etc.) or 3573
20070H1559B1959 - 5 -
1 (relating to municipal corporation portion
of fines, etc.).
2
(6) No
person may be found liable upon evidence obtained
3
through the use of devices authorized by this section unless
4
the speed recorded is six or more miles per hour in excess of
7
(1) As
part of a system to collect fines issued pursuant
8
to this section and remaining in an unpaid or uncontested
9 status after the applicable due
date, the system
10 administrator may assess reasonable
fees, including late
12 (i) $100 for fines
unpaid or uncontested for a
13 period of 15 days after the
date listed on the citation.
14 (ii) $125 for fines unpaid or uncontested
for a
15 period of 30 days after the
date listed on the citation.
16 (iii) $150 for fines unpaid or uncontested
for a
17 period of
45 days after the date listed on the citation.
18 (iv) $200 for fines unpaid or uncontested
for a
19 period of 60 days after the
date listed on the citation.
20
(2) In
addition to the penalties otherwise provided in
21
this section, fines issued pursuant to this section and
22
remaining in an unpaid or uncontested status for 30 or more
23
days after the applicable due date may subject the vehicle or
24 combination to immobilization and
impoundment by the system
25 administrator. In the event of such
immobilization and
26
impoundment the system administrator shall tow and store the
27
vehicle or combination and provide notice by first class
28
mail, proof of mailing, of the towing, storage and location
29
of the vehicle or combination to the owner and the lienholder
30
of the vehicle or combination using a reasonably available
20070H1559B1959 -
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1
State database. The owner or lienholder of any
vehicle or
2 combination which has been towed
and stored under this
3 section may obtain possession of
the vehicle or combination
5 (i) furnishing proof of
valid registration and
6
financial responsibility; and
7 (ii) paying all fines and costs associated
with the
8
towing and storage of the vehicle or combination and
9
fines associated with citations issued pursuant to this
10
section or otherwise due to the system administrator or
11
City of
12
parking regulation or ordinance or applicable section of
13
this chapter or Chapter 61 (relating to powers of
14 department and local authorities).
15
(3) Any
vehicle or combination not recovered under this
16 subsection may be sold as an
unclaimed vehicle, combination
17
or load under section 6310 (relating to disposition of
18
impounded vehicles, combinations and loads).
20
(1)
Notwithstanding any other provision of law, camera
21
equipment deployed as part of an automated
speed timing
22 system as provided in this section
must be incapable of
23 automated or user-controlled remote
intersection surveillance
24 by means of recorded video images.
Photographs collected as
25 part of the automated speed timing system
must only record
26
traffic violations and may not be used for any other
27 surveillance purposes. The
restrictions set forth in this
28 paragraph shall not be deemed to
preclude a court of
29 competent jurisdiction from issuing
an order directing that
30
the information be provided to law enforcement officials if
20070H1559B1959 -
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1
the information is reasonably described and is requested
2 solely in connection with a criminal law
enforcement action.
3
(2)
Notwithstanding any other provision of law,
4
information prepared under this section and information
5
relating to violations under this section which is
kept by
6
the city of the first class, its authorized agents or its
7
employees or the system administrator, including photographs,
8
written records, reports or facsimiles, names, addresses and
9
the number of violations under this section, shall be for the
10
exclusive use of the city, its authorized agents, its
11
employees and law enforcement officials for the purpose of
12
discharging their duties under this section and under any
13 ordinances and resolutions of the city.
The information shall
14
not be deemed a public record under the act of
15
(P.L.390, No.212), referred to as the Right-to-Know Law,
16
except as to statistical information related to the operation
17 of the automated speed timing system.
The information shall
18
not be discoverable by court order or
otherwise, nor shall it
19
be offered in evidence in any action or proceeding which is
20 not directly related to a violation of this
section or any
21 ordinance or resolution of the city.
22
(3)
Photographic evidence obtained through the use of
23
automated speed timing systems deployed as a means of
24 promoting traffic safety in a city
of the first class shall
25
be destroyed within one year of final disposition of any
26
recorded event. The city or the system administrator, as the
27 case may be, shall file notice with
the Department of State
28
that the records have been destroyed in accordance with this
30
(4)
Notwithstanding any other provision of law,
20070H1559B1959 -
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1 registered vehicle owner information
obtained as a result of
2
the operation of an automated speed timing system under this
3
section shall not be the property of the manufacturer or
4
vendor of the automated speed timing system and may not be
5 used for any purpose other than prescribed in
this section.
7
(1) It
shall be a defense to a violation under this
8
section that the person named in the notice of the violation
9
was not operating the vehicle at the time of
the violation.
10
The owner may be required to submit evidence that the owner
11
was not the driver at the time of the alleged violation. The
12
city of the first class may not require the owner of the
13
vehicle to disclose the identity of the operator of the
14 vehicle at the time of the
violation.
15
(2) If
an owner receives a notice of violation pursuant
16
to this section of a time period during which the vehicle was
17
reported to a police department of any state or municipality
18
as having been stolen, it shall be a defense to a violation
19
pursuant to this section that the vehicle has been reported
20
to a police department as stolen prior to the time the
21
violation occurred and had not been recovered prior to that
23
(3) It
shall be a defense to a violation under this
24
section that the person receiving the notice of violation was
25 not the owner of the vehicle at the time
of the offense.
26
(i) Department approval.--No automated
speed timing system
27 may be used without the approval of
the department, which shall
28 have the authority to promulgate regulations
for the
29 certification and use of such systems.
30
(j) Postings.--An
automated speed timing system may not be
20070H1559B1959 -
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1 used unless there is posted an
appropriate sign in a conspicuous
2 place before the area in which the
automated speed timing system
3 is to be used notifying the public
that an automated speed
4 timing system is in use immediately
ahead.
5
(k) System
administrator.--The Philadelphia Parking
6 Authority shall be the system
administrator as to any automated
7 speed timing system implemented in a
city of the first class.
9
(1) The
system administrator may hire and designate
10
personnel as necessary or contract for services to implement
12
(2) The
system administrator shall process fines issued
14
(3) The
system administrator shall file an annual report
15
to the chairman and the minority chairman of the
16
Transportation Committee of the Senate and the chairman and
17
minority chairman of the Transportation Committee of the
18
House of Representatives. The report shall include for the
20 (i) The number of
violations and fines issued.
21 (ii) A compilation of fines paid and
outstanding.
22 (iii) The amount of money paid to a vendor
or
23 manufacturer under this section.
25
(1) The
system administrator shall prepare a notice of
26 violation to the registered owner
of a vehicle identified in
27
a photograph produced by an automated speed timing system as
28
evidence of a violation of the posted speed limit. The
29
issuance of the notice of violation must be completed by a
30
police officer. The issuance of a violation pursuant to this
20070H1559B1959 -
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1
section by a police officer shall not be deemed a violation
2 of section 3368(c). The notice of
violation shall have
3
attached to it a copy of the recorded image showing the
4
vehicle; the registration number and state of issuance of the
5
vehicle registration; the date, time and place of the alleged
6 violation; that the violation
charged is under this section;
7 and instructions for return of the notice
of violation. The
8
notice of violation must be mailed within 30 days after the
9
commission of the violation or within 30 days after the
10
discovery of the identity of the registered owner, whichever
11
is later, and not thereafter to the address of the registered
12
owner as listed in the vehicle registration records of the
13 applicable jurisdiction. In any
event, a notice of violation
14
under this section must be provided to an owner within 90
15
days of the commission of the offense. The text of the notice
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
(2) In
the case of a violation involving a motor vehicle
22
registered under the laws of this Commonwealth, the notice of
23 violation must be mailed within 30
days after the commission
24
of the violation or within 30 days after the discovery of the
25
identity of the registered owner, whichever is later, and not
26
thereafter to the address of the registered owner as listed
27 in the records of the department.
In the case of motor
28
vehicles registered in jurisdictions other than this
29
Commonwealth, the notice of violation must be mailed within
30
30 days after the discovery of the identity of
the registered
20070H1559B1959 -
11 -
1
owner, whichever is later, and not thereafter to the address
2
of the registered owner as listed in the records of the
3 official in the jurisdiction having charge
of the
4 registration of the vehicle. A
notice of violation under this
5
section must be provided to an owner within 90 days of the
7
(m) Mailing
of notice and records.--Notice of violation must
8 be sent by first class mail. A manual
or automatic record of
9 mailing prepared by the system
administrator in the ordinary
10 course of business shall be prima
facie evidence of mailing and
11 shall be admissible in any judicial or
administrative proceeding
12 as to the facts contained in it.
14
(1) An
owner to whom a notice of violation has been
15
issued may admit responsibility for the violation and pay the
16
fine provided in the notice.
17
(2) Payment
must be made personally, through an
18
authorized agent or by mailing both payment and the notice of
19 violation to the system administrator.
Payment by mail must
20
be made only by money order, credit card or
check made
21 payable to the system administrator.
22
(3) The
system administrator shall remit the fine, less
23
the operational and maintenance costs of the system
24
administrator and, if necessary, the city, necessitated by
25
this section, to the department for deposit into the Motor
26
License Fund to be used for safety improvements to
27
Boulevard by the department or the City of
28
determined by the department.
29
(4) Payment
of the established fine and applicable
30
penalties shall operate as a final disposition of the case.
20070H1559B1959 - 12 -
2
(1) An
owner to whom a notice of violation has been
3
issued may, within 30 days of the mailing of the notice,
4
request a hearing to contest the liability alleged in the
5 notice. A hearing request
must be made by appearing before
6
the system administrator during regular office hours either
7
personally or by an authorized agent or by mailing a request
9
(2) Upon
receipt of a hearing request, the system
10 administrator shall in a timely
manner schedule the matter
11 before a hearing officer. In the
event the hearing relates to
12
a violation issued pursuant to this section and the city of
13
the first class has not passed an ordinance pursuant to
14
subsection (a), the hearing officer shall be appointed by the
15
system administrator; otherwise the hearing officer shall be
16
designated by the city of the first class. Written notice of
17
the date, time and place of hearing must be sent by first
19
(3) The
system administrator shall be considered a local
20 agency for the purposes of 2 Pa.C.S. Chs. 5 (relating to
21
practice and procedure) and 7 (relating to judicial review),
22 except that the provisions of 2 Pa.C.S. § 555 (relating to
23
contents and service of adjudications) requiring that hearing
24
determinations contain findings and reasons for the
25 determination shall not be
applicable. The system
26 administrator and a city of the
first class shall not be
27
required to issue a formal decision containing findings and
28 reasons for the hearing decision.
29
(4) The
hearing shall be informal; the rules of evidence
30
shall not apply; and the decision of the hearing officer
20070H1559B1959 -
13 -
1
shall be final, subject to the right of the owner to appeal
2 the decision to the traffic court.
3
(5) If
the owner requests in writing that the decision
4
of the hearing officer be appealed to the traffic court, the
5
system administrator shall file the notice of violation and
6
supporting documents with the traffic court, which shall hear
7
and decide the matter de novo.
8
(p)
Compensation to manufacturer or vendor.--If an automated
9 speed timing system is deployed in a
city of the first class as
10 a means of promoting traffic safety
and the enforcement of the
11 traffic laws of this Commonwealth or
the city, the compensation
12 paid to the manufacturer or vendor of
the automated speed timing
13 system may not be based upon the
number of traffic citations
14 issued or a portion or percentage of
the fine generated by the
15 citations. The compensation paid to
the manufacturer or vendor
16 of the equipment shall be based upon
the value of the equipment
17 and the services provided or rendered
in support of the
18 automated speed timing system.
19
(q) Revenue
limitation.--A city of the first class may not
20 collect an amount equal to or greater
than 5% of its annual
21 budget from the collection of revenue
from the issuance and
22 payment of violations under this
section.
23
(r) Expiration.--This
section shall expire December 31,
25
Section 3. This act shall take
effect immediately.
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