Pennsylvania Act 1957-34 — CONCERNING THE DELAWARE RIVER PORT AUTHORITY

Act text

CONCERNING THE DELAWARE RIVER PORT AUTHORITY
                  Act of Apr. 12, 1957, P.L. 61, No. 34               Cl. 36
                                  AN ACT

     Authorizing and empowering the Delaware River Port Authority, a
        body corporate and politic, functioning under the legislation
        enacted by the Commonwealth of Pennsylvania and the State of
        New Jersey, and the express consent of the Congress of the
        United States, to appoint policemen; make rules and
        regulations for the prevention of disorder, the preservation
        of safety, and the conservation of traffic on such bridges
        and in such tunnels and approaches thereto as the commission
        does or may hereafter operate; to prevent the evasion of the
        payment of tolls; and providing a penalty for the violation
        of any such rules or regulations or for the evasion or the
        attempt to evade the payment of tolls.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The Delaware River Port Authority, a body
     corporate and politic, functioning under the legislation enacted
     by the Commonwealth of Pennsylvania and the State of New Jersey,
     and the express consent of the Congress of the United States,
     and its wholly-owned subsidiary corporations through which it is
     effectuating its authorized purposes, shall have the power and
     authority to appoint the number of police officers as is found
     necessary to keep in safety and preserve order upon the bridges
     and tunnels and approaches thereto, and upon the rapid transit
     systems, ferries, facilities and other property as the Delaware
     River Port Authority or such subsidiary corporations does or may
     hereafter own, lease or operate; to administer to such police
     officers an oath or affirmation faithfully to perform the duties
     of their respective positions or offices; and to provide for the
     payment of such police officers from the tolls, fares, charges
     and other revenue of the Delaware River Port Authority or such
     subsidiary corporations. The police officers so appointed shall
     have the power and authority to make arrests for any crimes,
     misdemeanors, and offenses committed under the laws of the State
     of New Jersey or the Commonwealth of Pennsylvania upon the
     bridges or within the tunnels or approaches thereto, on the
     rapid transit systems, ferries, facilities or other property
     owned, leased or operated by the Delaware River Port Authority
     or such subsidiary corporations, for disorder or breach of the
     peace, or for violations of any lawful regulation which may be
     adopted by the Delaware River Port Authority, or such subsidiary
     corporations. The police officers shall be authorized and
     empowered to make arrests or issue citations for evasion or
     attempts to evade the payment of tolls, fares or other charges
     which may be fixed or may have been fixed for the use of such
     bridge, tunnel, rapid transit system, or ferry, facility or
     other property owned, leased or operated by the Delaware River
     Port Authority or such subsidiary corporations. In addition,
     while acting within any other areas of the port district, police
     officers appointed by the Delaware River Port Authority or such
     subsidiary corporations shall have all of the powers, including
     the right to carry firearms while on duty, and all of the
     immunities conferred by law on police officers or municipal
     police officers in the enforcement of the laws of the State of
     New Jersey and the Commonwealth of Pennsylvania, provided that
     no police officer shall be so empowered unless the officer has
     satisfied all the training and requalification requirements of
     section 1.1.
        To pass over any part of the bridges or through the tunnels
     and approaches thereto in any vehicle for which tolls are
     collectible, or for any person or vehicle to use the rapid
     transit systems or ferries or other facilities or property
     without passing through the toll gates or paying the necessary
     tolls, fares or charges constitutes an evasion and shall subject
     the person so evading or attempting to evade the payment of
     tolls, fares or charges to arrest or receipt of a citation. Upon
     the apprehension or arrest of any person or persons for any of
     the foregoing reasons, the offender may be taken before any
     proper judicial officer of the Commonwealth of Pennsylvania or
     of the State of New Jersey without respect to the portion of the
     bridge, tunnel, ferry facility, rapid transit system, facilities
     or other property upon or within which such offense may have
     been committed or attempted or such offender arrested, and
     thereupon such judicial officer shall have power and authority
     to punish the offender as hereinafter provided. The Delaware
     River Port Authority, and its wholly-owned subsidiary
     corporations through which it is effectuating its authorized
     purposes shall have the power to adopt such rules and
     regulations as they may respectively deem expedient for the
     proper government of the bridges, tunnels, approaches thereto,
     rapid transit systems, ferries, facilities or other property and
     for the preservation of good order, safe traffic, and proper
     conduct thereon or therein.
        Any person violating any of the provisions of this act, or of
     any rule or regulation adopted by the Delaware River Port
     Authority, or its said subsidiary corporations, or who evades or
     attempts to evade payment of tolls, fares or charges shall, upon
     summary conviction before a proper judicial officer of this
     Commonwealth, or of a proper judicial officer of the State of
     New Jersey, be sentenced to pay a fine of not less than ten
     dollars ($10), nor more than twenty-five dollars ($25), and
     costs of prosecution, and in default of the payment thereof,
     shall undergo imprisonment for not less than ten days nor more
     than thirty days, and upon conviction of any subsequent offense,
     shall be sentenced to pay a fine of not less than twenty-five
     dollars ($25), nor more than fifty dollars ($50), and costs of
     prosecution, or to undergo imprisonment for not less than thirty
     days nor more than sixty days.
        (1 amended Dec. 7, 1994, P.L.792, No.110)
        Section 1.1.  The Delaware River Port Authority and such
     subsidiary corporations shall require a police officer appointed
     under section 1 to successfully complete a police training
     course jointly agreed to by the Attorney General of the State of
     New Jersey and the Municipal Police Officers' Education and
     Training Commission with the approval of the Attorney General of
     the Commonwealth of Pennsylvania and shall further require that
     the police officer shall fully comply with the annual firearms
     qualifications standards as approved by the Attorney General of
     the Commonwealth of Pennsylvania.
        A police officer may be exempted from the police training
     requirements of this section if he demonstrates that he has
     successfully completed a police training course conducted by any
     Federal, State or other public or private agency, the
     requirements of which are determined by the Attorney General of
     New Jersey and the Municipal Police Officers' Education and
     Training Commission with the approval of the Attorney General of
     the Commonwealth of Pennsylvania to be substantially equivalent
     to the police training course requirements of this section, but,
     notwithstanding such exemption, the police officer shall fully
     comply with the annual firearms qualification standards set
     forth in this section.
        The cost of the police training described in this section
     shall be borne by the Delaware River Port Authority.
        (1.1 added Dec. 7, 1994, P.L.792, No.110)
        Section 2.  The powers vested in the Delaware River Port
     Authority by this act shall be construed as being in addition to
     and not in diminution of the powers heretofore vested in the
     Delaware River Port Authority.
        Section 3.  All acts and parts of acts are repealed in so far
     as they are inconsistent herewith.
        Section 4.  This act shall take effect upon the enactment
     into law by the State of New Jersey of legislation having a
     substantially similar effect as this act, but if the State of
     New Jersey shall have already enacted such legislation, this act
     shall take effect immediately.