Pennsylvania Act 2000-94 — TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT - AMEND

Act text

TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT AMEND
                  Act of Dec. 13, 2000, P.L. 691, No. 94              Cl. 36
                             Session of 2000
                               No. 2000-94

     SB 1477

                                  AN ACT

     Amending the act of September 30, 1985 (P.L.240, No.61),
        entitled "An act to facilitate vehicular traffic within and
        across the Commonwealth by providing for the construction,
        reconstruction, improvement, operation and maintenance of
        toll roads and the conversion of existing toll-free roads to
        toll roads in Pennsylvania; conferring powers and imposing
        duties on the Pennsylvania Turnpike Commission; providing for
        membership on the Pennsylvania Turnpike Commission;
        authorizing issuance of turnpike revenue bonds, notes or
        other obligations of the commission, payable solely from
        revenues of the commission, including tolls, or from such
        other funds as may be available to the commission for that
        purpose, to pay the costs of such toll roads including the
        acquisition and other costs of toll-free roads and for
        refunding purposes; providing that no debt of the
        Commonwealth shall be incurred in the exercise of any of the
        powers granted by this act; providing for the collection of
        tolls for the payment of such bonds, notes or other
        obligations, and for the cost of maintenance, operation and
        repair of the toll roads including toll-free roads converted
        to toll roads; making such turnpike revenue bonds, notes or
        other obligations exempt from taxation; constituting the same
        legal investments in certain instances; requiring suits
        against the commission to be brought in the courts in which
        such actions may be brought against the Commonwealth;
        prescribing conditions on which toll roads shall be turned
        over to the Department of Transportation; providing for grade
        separations, grade changes, relocations, restorations and
        vacations of public roads and State highways affected by the
        toll roads; providing for the purchasing or condemnation of
        land and procedure for determining damages in condemnation;
        granting certain powers and authority to municipalities and
        agencies of the Commonwealth to cooperate with the
        commission; conferring powers and imposing duties on the
        Department of Transportation; authorizing the Secretary of
        Transportation to enter into negotiations with the United
        States Department of Transportation, the Federal Highway
        Administration or any other Federal agency regarding the
        conversion of toll-free highways constructed in the
        Commonwealth using Federal funds to toll roads; and
        authorizing the Secretary of Transportation to enter into
        agreements on behalf of the Commonwealth and the commission
        with the United States Department of Transportation, the
        Federal Highway Administration or any other Federal agency
        with respect to obtaining Federal funds for resurfacing,
        restoring, rehabilitating or reconstructing toll roads in
        Pennsylvania," further providing for definitions and for
        functions of the Pennsylvania Turnpike Commission; and
        providing for enforcement related to electronic toll
        collection.

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

        Section 1.  The definition of "owner" in section 2 of the act
     of September 30, 1985 (P.L.240, No.61), known as the Turnpike
     Organization, Extension and Toll Road Conversion Act, is amended
     and the section is amended by adding definitions to read:
      Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Electronic toll collection."  A system of collecting tolls
     or charges that is capable of charging an account holder for the
     prescribed toll by electronic transmission of information
     between a device on a vehicle and a device in a toll lane at a
     toll collection facility.
        "Lessee."  Any person, corporation, firm, partnership,
     agency, association or organization that rents, leases or
     contracts for the use of a vehicle and has exclusive use of the
     vehicle for any period of time.
        "Lessor."  Any person, corporation, firm, partnership,
     agency, association or organization engaged in the business of
     renting or leasing vehicles to any lessee under a rental
     agreement, lease or other agreement under which the lessee has
     the exclusive use of the vehicle for any period of time.
        "Operator."  An individual that uses or operates a vehicle
     with or without the permission of the owner.
        "Owner."  [An] Except as provided in section 16.1(e), an
     individual, copartnership, association or corporation having any
     title or interest in any property rights, easements or
     franchises authorized to be acquired by this act.
        * * *
        "Vehicle."  As defined in 75 Pa.C.S. § 102 (relating to
     definitions).
        "Violation enforcement system."  A vehicle sensor, placed in
     a location to work in conjunction with a toll collection
     facility, which automatically produces a videotape or
     photograph, microphotograph or other recorded image of the rear
     portion of each vehicle at the time the vehicle is used or
     operated in violation of the toll collection regulations. This
     term includes any other technology which identifies a vehicle by
     photographic, electronic or other method.
        Section 2.  Section 7 of the act is amended to read:
      Section 7.  Commission powers and duties enumerated; payment of
                    maintenance.
        (a)  Powers and duties of commission.--The commission is
     authorized to:
            (1)  Maintain a principal office at such place as shall
        be designated by the commission.
            (2)  Contract and be contracted within its own name.
            (3)  Sue and be sued in its own name, plead and be
        impleaded. Any and all actions at law or in equity against
        the commission shall be brought only in the courts in which
        such actions may be brought against the Commonwealth.
            (4)  Have an official seal.
            (5)  Make necessary rules and regulations for its own
        government and in control of traffic.
            (6)  Acquire, hold, accept, own, use, hire, lease,
        exchange, operate and dispose of personal property, real
        property and interests in real property, and to make and
        enter into all contracts and agreements necessary or
        incidental to the performance of its duties and the execution
        of its powers under this act, and to employ engineering,
        traffic, architectural and construction experts and
        inspectors, attorneys, and other employees as may in its
        judgment be necessary, and fix their compensation.
            (7)  Provide grade separations, at its own expense, with
        respect to all public roads, State highways and interstate
        highways intersected by the turnpikes and to change and
        adjust the lines and grades thereof so as to accommodate the
        same to the design for such grade separation. The damages
        incurred in changing and adjusting the lines and grades of
        public roads, State highways and interstate highways shall be
        ascertained and paid by the commission in accordance with the
        act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the
        Eminent Domain Code. If the commission shall find it
        necessary to provide a grade separation or change the site of
        any portion of any interstate highway, State highway or
        public road, or vacate the same, it shall cause it to be
        reconstructed and restored forthwith, at the commission's own
        proper expense, on the most favorable location and in as
        satisfactory a manner as the original road, or vacate it, as
        the case may be. The method of acquiring the right-of-way and
        determining damages incurred in changing the location of or
        vacating such road, State highway or interstate highway shall
        be ascertained and paid for in accordance with the act of
        June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the Eminent
        Domain Code.
            (8)  Petition the court of common pleas of the county
        wherein is situate any public road or part thereof affected
        by the location therein of the turnpikes, for the vacation,
        relocation or supply of the same, or any part thereof, with
        the same force and effect as is now given by existing laws to
        the inhabitants of any township or such county, and the
        proceedings upon such petition, whether it be for the
        appointment of viewers or otherwise, shall be the same as
        provided by existing law for similar proceedings upon the
        petitions.
            (9)  Have all of the powers and perform all the duties
        prescribed by the act of May 21, 1937 (P.L.774, No.211),
        referred to as the Pennsylvania Turnpike Commission Act.
        (b)  Maintenance to be paid out of tolls.--The turnpike
     extensions and improvements and the conversion of toll-free
     roads to toll roads when completed and open to traffic shall be
     maintained and repaired by and under the control of the
     commission. All charges and costs for the maintenance and
     repairs actually expended by the commission shall be paid out of
     tolls. The turnpike, the turnpike extensions and improvements
     and the toll-free roads converted to toll roads shall also be
     policed and operated by a force of police, toll takers and other
     operating employees as the commission may, in its discretion,
     employ.
        Section 3.  The act is amended by adding a section to read:
      Section 16.1.  Electronic toll collection.
        (a)  Liability of owner.--
            (1)  Notwithstanding any other provision of law, if an
        operator of a vehicle fails to pay the prescribed toll at any
        location where tolls are collected by means of electronic
        toll collection, the owner of the vehicle shall be liable to
        the commission for failure of the operator of the vehicle to
        comply with this section where the violation is evidenced by
        information obtained from a violation enforcement system.
            (2)  If a violation of this section is committed, the
        registration plate number of the vehicle as recorded by a
        violation enforcement system shall establish an inference
        that the owner of the vehicle was then operating the vehicle.
        The inference shall be overcome if the owner does all of the
        following:
                (i)  Testifies that the owner was not operating the
            vehicle at the time of the violation.
                (ii)  Submits to an examination as to who at the time
            was operating the vehicle.
                (iii)  Reveals the name and residence address, if
            known, of the operator of the vehicle.
            (3)  If an action or proceeding is commenced in a county
        other than that of the residence of the owner, a verified
        written statement setting forth the facts prescribed in
        paragraph (2)(i) through (iii) shall suffice to overcome the
        inference.
            (4)  If the inference is overcome, the operator of the
        vehicle may be held liable under this section for failure to
        pay the prescribed toll in the same manner as if the operator
        were the owner of the vehicle.
        (b)  Imposition of liability.--The liability set forth in
     subsection (a) shall be imposed upon an owner for a violation of
     this section or the regulations of the commission occurring
     within the territorial limits of this Commonwealth. If a
     violation is committed as evidenced by a violation enforcement
     system, the following shall apply:
            (1)  The commission or an authorized agent or employee
        must prepare and mail a notice of violation:
                (i)  The notice of violation must be sent by first
            class mail to each person alleged to be liable as an
            owner for a violation of this section. The notice must be
            mailed to the owner at the address shown on the vehicle
            registration no later than 60 days after the alleged
            conduct, except that if the inference of operation is
            overcome as prescribed in subsection (a), the notice must
            be mailed to the alleged operator of the vehicle no later
            than 60 days after the date the inference is overcome.
            Personal service shall not be required. A manual or
            automatic record of mailing prepared in the ordinary
            course of business shall be prima facie evidence of the
            mailing of notice.
                (ii)  The notice must contain information advising
            the person charged of the manner and time in which the
            liability alleged in the notice may be contested. The
            notice must also contain a warning advising the person
            charged that failure to contest in the manner and time
            provided shall be deemed an admission of liability and
            that a default judgment may be entered on the notice.
            (2)  If an owner of a vehicle or an owner who is a lessor
        of a vehicle receives a notice of violation under this
        section for any time period during which the vehicle was
        reported to a police department as having been stolen, it
        shall be a defense to the allegation of liability that the
        vehicle had been reported to the police as having been stolen
        prior to the time the violation occurred and that the vehicle
        had not been recovered by the time of the violation. For
        purposes of asserting the defense provided by this
        subsection, it shall be sufficient that a certified copy of
        the police report on the stolen vehicle be sent by first
        class mail to the commission within 30 days after receiving
        the original notice of violation. Failure to send the
        information within the 30-day time limit shall render the
        owner or lessor liable for the penalty prescribed by this
        section.
            (3)  An owner who is a lessor of a vehicle as to which a
        notice of violation was issued under paragraph (1) shall not
        be liable for a violation if the owner sends to the
        commission a copy of the rental, lease or other such contract
        document covering the vehicle on the date of the violation,
        with the name and address of the lessee clearly legible to
        the commission, within 30 days after receiving the original
        notice of violation. Failure to send such information within
        the 30-day time limit shall render the lessor liable for the
        penalty prescribed by this section. If the lessor complies
        with the provisions of this section, the lessee of the
        vehicle on the date of the violation shall be deemed to be
        the owner of the vehicle for purposes of this section and
        shall be subject to liability for the penalty prescribed by
        this subsection. (4)  A certified report or a facsimile
        report
        of an authorized agent or employee of the commission
     reporting a violation of this section or regulations of the
     commission based upon the recorded information obtained from a
     violation enforcement system shall be prima facie evidence of
     the facts contained in the report and shall be admissible as an
     official record kept in the ordinary course of business in any
     proceeding charging a violation of this section or the toll
     collection regulations of the commission.
            (5)  Notwithstanding any other provision of law, all
        videotapes, photographs, microphotographs, other recorded
        images, written records, reports or facsimiles prepared
        pursuant to this section shall be for the exclusive use of
        the commission, its authorized agents, its employees and law
        enforcement officials for the purpose of discharging duties
        pursuant to this section and the regulations of the
        commission. The information shall not be deemed a public
        record under the act of June 21, 1957 (P.L.390, No.212),
        referred to 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
        regulations of the commission or indemnification for
        liability imposed pursuant to this section. 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. The restrictions set forth in this
        paragraph shall not be deemed to preclude the exchange of
        such information between any entities with jurisdiction over
        or which operate an electronic toll collection system in this
        Commonwealth or any other jurisdiction, nor shall it be
        deemed to prohibit the use of information exclusively for the
        purpose of billing electronic toll collection account
        holders, deducting toll charges from the account of an
        account holder, enforcing toll collection laws and related
        regulations or enforcing the provisions of an account holder
        agreement.
            (6)  An imposition of liability under this section must
        be based upon a preponderance of evidence. An imposition of
        liability pursuant to this section shall not be deemed a
        conviction of an owner and shall not be made part of the
        motor vehicle operating record of the person upon whom such
        liability is imposed, nor shall it be considered in the
        provision of motor vehicle insurance coverage.
            (7)  An owner who shall admit, be found liable or fail to
        respond to the notice of violation for a violation of this
        section shall be civilly liable to the commission for the
        amount of the toll evaded or attempted to be evaded, if such
        amount can be determined, and a reasonable administrative fee
        not to exceed $35 per notification. If the amount of the toll
        evaded or attempted to be evaded cannot be determined, that
        amount shall be deemed to be equal to the maximum toll from
        the farthest point of entry on the Pennsylvania Turnpike to
        the actual point of exit.
            (8)  Nothing in this section shall be construed to limit
        the liability of the operator of a vehicle for any violation
        of this section or of the regulations of the commission.
        (c)  Placement of electronic toll collection device.--An
     electronic toll collection device which is affixed to the front
     windshield of a vehicle in accordance with the regulations of
     the commission shall not be deemed to constitute a violation of
     75 Pa.C.S. § 4524 (relating to windshield obstructions and
     wipers).
        (d)  Privacy of electronic toll collection account holder
     information.--Notwithstanding any other provision of law, all
     information kept by the commission, its authorized agents or its
     employees which is related to the account of an electronic toll
     collection system account holder shall be for the exclusive use
     of the commission, its authorized agents, its employees and law
     enforcement officials for the purpose of discharging their
     duties pursuant to this section and the regulations of the
     commission. This information includes names, addresses, account
     numbers, account balances, personal financial information,
     vehicle movement records or other information compiled from
     transactions with such account holders. The information shall
     not be deemed a public record under the Right-to-Know Law, nor
     shall it be discoverable by court order or otherwise or be
     offered in evidence in any action or proceeding which is not
     directly related to the discharge of duties under this section,
     the regulations of the commission or a violation of an account
     holder agreement. The restrictions set forth in this subsection
     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. The
     restriction set forth in this subsection shall not be deemed to
     preclude the exchange of such information between any entities
     with jurisdiction over or which operate an electronic toll
     collection system in this Commonwealth or any other
     jurisdiction, nor shall it be deemed to prohibit the use of the
     information exclusively for the purpose of billing electronic
     toll collection account holders, deducting toll charges from the
     account of an account holder, enforcing toll collection laws and
     related regulations or enforcing the provisions of an account
     holder agreement.
        (e)  Definition.--As used in this section, the term "owner"
     means any person, corporation, firm, partnership, agency,
     association, organization or lessor that, at the time a vehicle
     is operated in violation of this section or regulations of the
     commission, is the beneficial or equitable owner of the vehicle,
     has title to the vehicle, is the registrant or co-registrant of
     the vehicle registered with the Department of Transportation or
     a comparable agency of another jurisdiction or uses the vehicle
     in its vehicle renting or leasing business. The term includes a
     person entitled to the use and possession of a vehicle subject
     to a security interest in another person.
        Section 4.  This act shall take effect immediately.

     APPROVED--The 22nd day of November, A. D. 2000.

     THOMAS J. RIDGE