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| PRIOR PRINTER'S NO. 604 | PRINTER'S NO. 1663 |
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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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| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, OCTOBER 17, 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 plate |
3 | and for automated red light enforcement systems in first | <-- |
4 | class cities; and providing for automated red light |
5 | enforcement in certain third class cities. | <-- |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 1332(b)(2) of Title 75 of the | <-- |
9 | Pennsylvania Consolidated Statutes is amended to read: |
10 | Section 1. Sections 1332(b)(2) and 3116(d)(3)(ii), (l) and | <-- |
11 | (q) of Title 75 of the Pennsylvania Consolidated Statutes are |
12 | amended to read: |
13 | § 1332. Display of registration plate. |
14 | * * * |
15 | (b) Obscuring plate.--It is unlawful to display on any |
16 | vehicle a registration plate which: |
17 | * * * |
18 | (2) is obscured in any manner which inhibits the proper |
19 | operation of an automated red light enforcement system in |
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1 | place pursuant to section 3116 (relating to automated red |
2 | light enforcement systems in first class cities) or 3117 |
3 | (relating to automated red light enforcement systems in |
4 | certain third class cities); or | <-- |
5 | * * * |
6 | § 3116. Automated red light enforcement systems in first class | <-- |
7 | cities. |
8 | * * * |
9 | (d) Penalty.-- |
10 | * * * |
11 | (3) A fine is not authorized during: |
12 | * * * |
13 | (ii) The first [60] 45 days for each additional |
14 | intersection selected for the automated system. |
15 | * * * |
16 | (l) Payment of fine.-- |
17 | (1) An owner to whom a notice of violation has been |
18 | issued may admit responsibility for the violation and pay the |
19 | fine provided in the notice. |
20 | (2) Payment must be made personally, through an |
21 | authorized agent or by mailing both payment and the notice of |
22 | violation to the system administrator. Payment by mail must |
23 | be made only by money order, credit card or check made |
24 | payable to the system administrator. The system administrator |
25 | shall remit the fine, less the system administrator's |
26 | operation and maintenance costs necessitated by this section, |
27 | to the department for deposit into the Motor License Fund. |
28 | [Fines deposited in the fund under this paragraph shall be |
29 | used by the department to develop, by regulation, a |
30 | Transportation Enhancements Grant Program.] Except as |
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1 | otherwise provided under paragraphs (4) and (5), the |
2 | department shall use the fines deposited in the fund under |
3 | this paragraph as prescribed under 67 Pa. Code Ch. 233 |
4 | (relating to transportation enhancement grants from automated |
5 | red light enforcement system revenues). |
6 | (3) Payment of the established fine and applicable |
7 | penalties shall operate as a final disposition of the case. |
8 | (4) Distribution of fine revenue under paragraph (2) |
9 | shall be as follows: |
10 | (i) Fifty percent of the revenue generated through |
11 | an automated red light enforcement program under this |
12 | section shall be used exclusively for funding of |
13 | transportation enhancement grants in the city in which |
14 | the violation was prosecuted as provided under 67 Pa. |
15 | Code § 233.8(g)(1) (relating to grant selection process |
16 | and criteria). |
17 | (ii) Fifty percent of the revenues generated through |
18 | the automated red light enforcement program shall be |
19 | available for funding of transportation enhancement |
20 | grants to eligible sponsors throughout this Commonwealth |
21 | as provided under 67 Pa. Code § 233.8(g)(2) except that a |
22 | city of the first class, second class or second class A |
23 | that implements the automated red light enforcement |
24 | program shall be ineligible to receive grants under 67 |
25 | Pa. Code Ch. 233. This subparagraph shall not apply to |
26 | any grants expended or committed prior to the effective |
27 | date of this subparagraph. |
28 | (5) The department is allocated 2% of all automated red |
29 | light enforcement revenues transferred to the Motor License |
30 | Fund under this subsection for its costs in administering |
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1 | transportation enhancement grants. |
2 | * * * |
3 | (q) Expiration.--This section shall expire December 31, |
4 | [2011] 2017. |
5 | Section 2. Title 75 is amended by adding a section to read: |
6 | § 3117. Automated red light enforcement systems in certain |
7 | third class cities. | <-- |
8 | (a) General rule.--A city, upon passage of an ordinance, is |
9 | authorized to enforce section 3112(a)(3) (relating to traffic- |
10 | control signals) by recording violations using an automated red |
11 | light enforcement system approved by the department. |
12 | (b) Applicability.--This section shall only be applicable at |
13 | intersections in a city designated by the system administrator |
14 | in consultation with the secretary. |
15 | (c) Owner liability.--For each violation under this section, |
16 | the owner of the vehicle shall be liable for the penalty imposed |
17 | unless the owner is convicted of the same violation under |
18 | another section of this title or has a defense under subsection |
19 | (g). |
20 | (d) Certificate as evidence.--A certificate, or a facsimile |
21 | of a certificate, based upon inspection of recorded images |
22 | produced by an automated red light enforcement system and sworn |
23 | to or affirmed by a police officer employed by the city shall be |
24 | prima facie evidence of the facts contained in it. The city must |
25 | include written documentation that the automated red light |
26 | enforcement system was operating correctly at the time of the |
27 | alleged violation. A recorded image evidencing a violation of |
28 | section 3112(a)(3) shall be admissible in any judicial or |
29 | administrative proceeding to adjudicate the liability for the |
30 | violation. |
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1 | (e) Penalty.-- |
2 | (1) The penalty for a violation under subsection (a) |
3 | shall be a fine of $100 unless a lesser amount is set by |
4 | ordinance. |
5 | (2) A fine is not authorized for a violation of this |
6 | section if any of the following apply: |
7 | (i) The intersection is being manually controlled. |
8 | (ii) The signal is in the mode described in section |
9 | 3114 (relating to flashing signals). |
10 | (3) A fine is not authorized during any of the |
11 | following: |
12 | (i) The first 60 days of operation of the automated |
13 | system at the initial intersection. |
14 | (ii) The first 60 45 days for each additional | <-- |
15 | intersection selected for the automated system. |
16 | (4) A warning may be sent to the violator under |
17 | paragraph (3). |
18 | (5) A penalty imposed under this section shall not be |
19 | deemed a criminal conviction and shall not be made part of |
20 | the operating record under section 1535 (relating to schedule |
21 | of convictions and points) of the individual upon whom the |
22 | penalty is imposed, nor may the imposition of the penalty be |
23 | subject to merit rating for insurance purposes. |
24 | (6) No surcharge points may be imposed in the provision |
25 | of motor vehicle insurance coverage. Fines collected under |
26 | this section shall not be subject to 42 Pa.C.S. § 3571 |
27 | (relating to Commonwealth portion of fines, etc.) or 3573 |
28 | (relating to municipal corporation portion of fines, etc.). |
29 | (f) Limitations.-- |
30 | (1) No automated red light enforcement system shall be |
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1 | utilized in such a manner as to take a frontal view recorded |
2 | image of the vehicle as evidence of having committed a |
3 | violation. |
4 | (2) Notwithstanding any other provision of law, camera |
5 | equipment deployed as part of an automated red light |
6 | enforcement system as provided under this section must be |
7 | incapable of automated or user-controlled remote intersection |
8 | surveillance by means of recorded video images. Recorded |
9 | images collected as part of the automated red light |
10 | enforcement system may only record traffic violations and may |
11 | not be used for any other surveillance purposes. The |
12 | restrictions set forth under this paragraph shall not be |
13 | deemed to preclude a court of competent jurisdiction from |
14 | issuing an order directing that the information be provided |
15 | to law enforcement officials if the information is reasonably |
16 | described and is requested solely in connection with a |
17 | criminal law enforcement action. |
18 | (3) Notwithstanding any other provision of law, |
19 | information prepared under this section and information |
20 | relating to violations under this section which is kept by |
21 | the city, its authorized agents or employees, including |
22 | recorded images, written records, reports or facsimiles, |
23 | names, addresses and the number of violations under this |
24 | section, shall be for the exclusive use of the city, its |
25 | authorized agents, its employees and law enforcement |
26 | officials for the purpose of discharging their duties under |
27 | this section and under any ordinances and resolutions of the |
28 | city. The information shall not be deemed a public record |
29 | under the act of February 14, 2008 (P.L.6, No.3), known as |
30 | the Right-to-Know Law. The information shall not be |
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1 | discoverable by court order or otherwise, nor shall it be |
2 | offered in evidence in any action or proceeding which is not |
3 | directly related to a violation of this section or any |
4 | ordinance or resolution of the city. The restrictions set |
5 | forth under this paragraph shall not be deemed to preclude a |
6 | court of competent jurisdiction from issuing an order |
7 | directing that the information be provided to law enforcement |
8 | officials if the information is reasonably described and is |
9 | requested solely in connection with a criminal law |
10 | enforcement action. |
11 | (4) Recorded images obtained through the use of |
12 | automated red light enforcement systems deployed as a means |
13 | of promoting traffic safety in a city shall be destroyed at |
14 | the end of the 30 days following the final disposition of any |
15 | recorded event. The city shall file notice with the |
16 | Department of State that the records have been destroyed in |
17 | accordance with this section. |
18 | (5) Notwithstanding any other provision of law, |
19 | registered vehicle owner information obtained as a result of |
20 | the operation of an automated red light enforcement system |
21 | under this section shall not be the property of the |
22 | manufacturer or vendor of the automated red light enforcement |
23 | system and may not be used for any purpose other than |
24 | prescribed in this section. |
25 | (g) Defenses.-- |
26 | (1) It shall be a defense to a violation under this |
27 | section that the person named in the notice of the violation |
28 | was not operating the vehicle at the time of the violation. |
29 | The owner may be required to submit evidence that the owner |
30 | was not the driver at the time of the alleged violation. The |
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1 | city may not require the owner of the vehicle to disclose the |
2 | identity of the operator of the vehicle at the time of the |
3 | violation. |
4 | (2) If an owner receives a notice of violation under |
5 | this section of a time period during which the vehicle was |
6 | reported to a police department of any state or municipality |
7 | as having been stolen, it shall be a defense to a violation |
8 | under this section that the vehicle has been reported to a |
9 | police department as stolen prior to the time the violation |
10 | occurred and had not been recovered prior to that time. |
11 | (3) It shall be a defense to a violation under this |
12 | section that the person receiving the notice of violation was |
13 | not the owner of the vehicle at the time of the offense. |
14 | (h) Department approval.--No automated red light enforcement |
15 | system may be used without the approval of the department, which |
16 | shall have the authority to promulgate regulations for the |
17 | certification and use of such systems. |
18 | (i) Duty of city.--If a city elects to implement this |
19 | section, the following provisions shall apply: |
20 | (1) The city may not use an automated red light |
21 | enforcement system unless an appropriate sign is posted in a |
22 | conspicuous place before the area in which the automated red |
23 | light enforcement device is to be used notifying the public |
24 | that an automated red light enforcement device is in use |
25 | immediately ahead. |
26 | (2) The city or its designee shall serve as the system |
27 | administrator to supervise and coordinate the administration |
28 | of notices of violations issued under this section. |
29 | (3) The following apply: |
30 | (i) The system administrator shall prepare a notice |
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1 | of violation to the registered owner of a vehicle |
2 | identified in a recorded image produced by an automated |
3 | red light enforcement system as evidence of a violation |
4 | of section 3112(a)(3). The issuance of the notice of |
5 | violation must be done by a police officer employed by |
6 | the police department with primary jurisdiction over the |
7 | area where the violation occurred. The notice of |
8 | violation must have attached to it all of the following: |
9 | (A) A copy of the recorded image showing the |
10 | vehicle. |
11 | (B) The registration number and state of |
12 | issuance of the vehicle registration. |
13 | (C) The date, time and place of the alleged |
14 | violation. |
15 | (D) Notice that the violation charged is under |
16 | section 3112(a)(3). |
17 | (E) Instructions for return of the notice of |
18 | violation. |
19 | (ii) The text of the notice must be as follows: |
20 | This notice shall be returned personally, by mail or |
21 | by an agent duly authorized in writing, within 30 |
22 | days of issuance. A hearing may be obtained upon the |
23 | written request of the registered owner. |
24 | (j) System administrator.-- |
25 | (1) The system administrator may hire and designate |
26 | personnel as necessary or contract for services to implement |
27 | this section. |
28 | (2) The system administrator shall process fines issued |
29 | under this section. |
30 | (3) The system administrator shall submit an annual |
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1 | report to the chairman and the minority chairman of the |
2 | Transportation Committee of the Senate and the chairman and |
3 | minority chairman of the Transportation Committee of the |
4 | House of Representatives. The report shall include for the |
5 | prior year: |
6 | (i) The number of violations and fines issued. |
7 | (ii) A compilation of fines paid and outstanding. |
8 | (iii) The amount of money paid to a vendor or |
9 | manufacturer under this section. |
10 | (k) Notice to owner.--In the case of a violation involving a |
11 | motor vehicle registered under the laws of this Commonwealth, |
12 | the notice of violation must be mailed within 30 days after the |
13 | commission of the violation or within 30 days after the |
14 | discovery of the identity of the registered owner, whichever is |
15 | later, to the address of the registered owner as listed in the |
16 | records of the department. In the case of motor vehicles |
17 | registered in jurisdictions other than this Commonwealth, the |
18 | notice of violation must be mailed within 30 days after the |
19 | discovery of the identity of the registered owner to the address |
20 | of the registered owner as listed in the records of the official |
21 | in the jurisdiction having charge of the registration of the |
22 | vehicle. A notice of violation under this section must be |
23 | provided to an owner within 90 days of the commission of the |
24 | offense. |
25 | (l) Mailing of notice and records.--Notice of violation must |
26 | be sent by first class mail. A manual or automatic record of |
27 | mailing prepared by the system administrator in the ordinary |
28 | course of business shall be prima facie evidence of mailing and |
29 | shall be admissible in any judicial or administrative proceeding |
30 | as to the facts contained in it. |
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1 | (m) Payment of fine.-- |
2 | (1) An owner to whom a notice of violation has been |
3 | issued may admit responsibility for the violation and pay the |
4 | fine provided in the notice. |
5 | (2) Payment must be made personally, through an |
6 | authorized agent or by mailing both payment and the notice of |
7 | violation to the system administrator. Payment by mail must |
8 | be made only by money order, credit card or check made |
9 | payable to the system administrator. The system administrator |
10 | shall remit the fine, less the system administrator's |
11 | operation and maintenance costs necessitated under this |
12 | section, to the department for deposit into the Motor License |
13 | Fund. The Except as otherwise provided in paragraphs (4) and | <-- |
14 | (5), the department shall use the fines deposited in the fund |
15 | under this paragraph as prescribed under 67 Pa. Code Ch. 233 |
16 | (relating to transportation enhancement grants from |
17 | authorized red light enforcement system revenues). |
18 | (2.1) Notwithstanding the provisions of paragraph (2), | <-- |
19 | transportation enhancement grants awarded for projects in a |
20 | city of the second class shall be limited to the following |
21 | and in the following order of preference: |
22 | (i) safety improvements for intersections within the |
23 | city at which red light camera enforcement is installed; |
24 | (ii) safety improvements for intersections located |
25 | within the city; or |
26 | (iii) actual construction, maintenance and repair of |
27 | streets, roadways and highways. |
28 | (3) Payment of the established fine and applicable |
29 | penalties shall operate as a final disposition of the case. |
30 | (4) Distribution of fine revenue under paragraph (2) | <-- |
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1 | shall be as follows: |
2 | (i) Fifty percent of the grant revenues generated |
3 | through an automated red light enforcement program under |
4 | this section shall be used exclusively for funding of |
5 | transportation enhancement grants in the city in which |
6 | the violation was prosecuted as provided in 67 Pa. Code § |
7 | 233.8(g)(1) (relating to grant selection process and |
8 | criteria). |
9 | (ii) Fifty percent of the grant revenues generated |
10 | through the automated red light enforcement program shall |
11 | be available for funding of transportation enhancement |
12 | grants to eligible sponsors throughout this Commonwealth |
13 | as provided under 67 Pa. Code § 233.8(g)(2) except that a |
14 | city of the first class, second class or second class A |
15 | that implements the automated red light enforcement |
16 | program shall be ineligible to receive grants under 67 |
17 | Pa. Code Ch. 233. This subparagraph shall not apply to |
18 | any grants expended or committed prior to the effective |
19 | date of this subparagraph. |
20 | (5) The department is allocated 2% of all automated red |
21 | light enforcement revenues transferred to the Motor License |
22 | Fund under this subsection for its costs in administering |
23 | transportation enhancement grants. |
24 | (n) Hearing.-- |
25 | (1) An owner to whom a notice of violation has been |
26 | issued may, within 30 days of the mailing of the notice, |
27 | request a hearing to contest the liability alleged in the |
28 | notice. A hearing request must be made by appearing before |
29 | the system administrator during regular office hours either |
30 | personally or by an authorized agent or by mailing a request |
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1 | in writing. |
2 | (2) Upon receipt of a hearing request, the system |
3 | administrator shall in a timely manner schedule the matter |
4 | before a hearing officer. The hearing officer shall be |
5 | designated by the city. Written notice of the date, time and |
6 | place of hearing must be sent by first class mail to the |
7 | owner. |
8 | (3) The hearing shall be informal; the rules of evidence |
9 | shall not apply; and the decision of the hearing officer |
10 | shall be final, subject to the right of the owner to appeal |
11 | the decision to the magisterial district judge. |
12 | (4) If the owner requests in writing that the decision |
13 | of the hearing officer be appealed to the magisterial |
14 | district judge, the system administrator shall file the |
15 | notice of violation and supporting documents with the |
16 | magisterial district judge, who shall hear and decide the |
17 | matter de novo. |
18 | (o) Compensation to manufacturer or vendor.--If a city has |
19 | established an automated red light enforcement system deployed |
20 | as a means of promoting traffic safety and the enforcement of |
21 | the traffic laws of this Commonwealth or the city, the |
22 | compensation paid to the manufacturer or vendor of the automated |
23 | red light enforcement system may not be based upon the number of |
24 | traffic citations issued or a portion or percentage of the fine |
25 | generated by the citations. The compensation paid to the |
26 | manufacturer or vendor of the equipment shall be based upon the |
27 | value of the equipment and the services provided or rendered in |
28 | support of the automated red light enforcement system. |
29 | (p) Duration of yellow light change interval.--The duration |
30 | of the yellow light change interval at intersections where |
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1 | automated red light enforcement systems are in use shall conform |
2 | to the yellow light change interval duration specified on the |
3 | traffic signal permit issued by the department or city of the | <-- |
4 | second class. |
5 | (q) Revenue limit.--A city may not collect an amount equal |
6 | to or greater than 5% of its annual budget from the collection |
7 | of revenue from the issuance and payment of violations under |
8 | this section. |
9 | (r) Expiration.--This section shall expire December 31, |
10 | 2017. |
11 | (s) Definition.--As used in this section, the term "city" |
12 | means a city of the third class with: | <-- |
13 | (1) a minimum population of 30,000; and A city of the | <-- |
14 | third class with a minimum population of 18,000, under the |
15 | 2010 Federal decennial census, and a full-time police |
16 | department. |
17 | (2) a full-time police department. A city of the second | <-- |
18 | class A. |
19 | (3) A city of the second class. |
20 | Section 3. This act shall take effect in 60 days. |
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