2023 Pa. Act 38 | Pennsylvania Act 2023-38 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
	Act of Dec. 14, 2023, P.L. 344, No. 38	Cl. 75

Session of 2023

No. 2023-38

HB 1284

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in rules of the road in general, further providing for automated enforcement of failure to stop for school bus with flashing red lights, for automated speed enforcement systems in active work zones and for pilot program for automated speed enforcement system on designated highway and providing for automated speed enforcement study and for pilot program for automated speed enforcement systems in designated school zones; and imposing a penalty.

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

Section 1. Section 3345.1(e)(4), (f)(3), (i.2)(1), (2)(v) and (3)(i), (ii) and (iii), (i.3)(3) and (i.4)(4) of Title 75 of the Pennsylvania Consolidated Statutes, amended October 23, 2023 (P.L.134, No.19), are amended to read:

§ 3345.1. Automated enforcement of failure to stop for school bus with flashing red lights.

(e) Limitations.--

(4) Notwithstanding any other provision of law, [registered] motor vehicle owner information obtained as a result of the operation of a side stop signal arm enforcement system shall not be the property of the school entity, system administrator on the school entity's behalf or contracted company that provides pupil transportation and may not be used for any purpose other than prescribed in this section.

(f) Defenses.--

(3) It shall be a defense to a violation under this section that the owner of the motor vehicle named in the notice of the violation was not [operating] driving the motor vehicle at the time of the violation. 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 motor vehicle] may not be required to disclose the identity of the [operator] driver of the motor vehicle at the time of the violation.

(i.2) Notice of violation.--

(1) Upon certification from a primary police department that a violation of this section has occurred as required by subsection (h.2), a school entity, or a system administrator on the school entity's behalf, shall initiate an action to enforce this section by sending an administrative notice of violation to the [registered] owner of the motor vehicle identified by a side stop signal arm enforcement system as violating this section.

(2) The notice of violation shall include all of the following:

(v) Notice that the owner of the motor vehicle is charged with a violation of this section.

(3) A notice of violation shall be sent by first class mail as follows:

(i) In the case of a violation involving a motor vehicle [registered under] subject to 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 listed in the records of the department.

(ii) In the case of motor vehicles [registered in] from 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 and not thereafter 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 motor vehicle.

(iii) A notice of violation under this section shall be invalid unless provided to the [registered] owner within 90 days of the commission of the violation.

(i.3) Payment of fine.--Payment of the fine shall be as follows:

(3) If payment is not received within 90 days of the mailing date of the notice of violation, the school entity, or a system administrator on the school entity's behalf, may request an applicable credit collection agency to resolve the payment amount owed.

(i.4) Contest of violation.--The procedure for contesting a violation of this section shall be as follows:

(4) If, within 45 days of issuance of the decision of the department's hearing officer, the owner of the motor vehicle requests in writing an appeal of the decision of the department's hearing officer, [the school entity, or the system administrator on the school entity's behalf,] the owner 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. A magisterial district judge shall hear and decide the matter de novo and shall be restricted to finding an owner liable or not liable for violating this section and shall not assign damages to an owner or otherwise impose penalties on primary police departments, police officers, school entities, system administrators or other persons involved in the appeal process[.] , except as otherwise provided under 42 Pa.C.S. § 1726 (relating to establishment of taxable costs), which may only be assessed to the school entity or system administrator on the school entity's behalf.

Section 2. Section 3369(b), (c.1), (d)(1), (2), (3), (4) and (5), (e), (f), (g), (h)(1), (3) and (4), (i), (j) and (k) of Title 75 are amended to read:

§ 3369. Automated speed enforcement systems in active work zones.

(b) Applicability.--This section shall apply to Federal aid highways only under the jurisdiction of the department and the Pennsylvania Turnpike Commission. An automated speed enforcement system may not be used unless:

(1) At least two appropriate warning signs are conspicuously placed before the active work zone notifying the public that an automated speed enforcement [device] system is in use.

(2) [At least one of the signs indicates if the automated speed enforcement system is active or not active.] The first warning sign under paragraph (1) shall:

(i) Be the largest size available in conformance with Federal regulations, unless the department or the Pennsylvania Turnpike Commission determines that a smaller size is necessary to ensure the safety of the work zone.

(ii) Clearly and accurately indicate if the automated speed enforcement system is active and in use.

(iii) Be placed at least 1,000 feet before the active work zone, unless the department or the Pennsylvania Turnpike Commission determines that a lesser distance is necessary to ensure the safety of the work zone, comply with Federal regulations or provide adequate traffic control in the work zone and is capable of providing the most advanced notification as practical.

(iv) Be followed immediately by the posted speed limit of the active work zone and prior to the placement of the automated speed enforcement system.

(3) An appropriate sign is conspicuously placed in the middle, if appropriate, and at the end of the active work zone.

(3.1) The posted speed limit of the active work zone is placed at an appropriate location within the active work zone to provide adequate notice to drivers.

(4) A notice identifying the location of the specific highway segment where the automated speed enforcement system is in use and posted at the active work zone and on the department's or Pennsylvania Turnpike Commission's publicly accessible Internet website. The notice on the websites shall remain throughout the period of use.

(c.1) Owner liability.--For each violation under this section, the owner of the motor vehicle shall be liable for the penalty imposed unless the owner is convicted of the same violation under another provision of this title or has a defense under subsection (g). For the purposes of this section, the lessee of a leased vehicle shall be considered the owner of a motor vehicle.

(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 motor vehicle identified by an automated 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 member of the Pennsylvania State Police shall be prima facie evidence of the facts contained in the notice. The Pennsylvania State Police shall receive certification from the department, the Pennsylvania Turnpike Commission or the system administrator when an automated speed enforcement system is active in accordance with subsection (b).

(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) An automated speed enforcement system operator shall complete training offered by the manufacturer or vendor of the automated speed enforcement system, including training on any devices critical to the operation of the system, or the manufacturer's or vendor's representative in the procedures for setting up, testing and operating an automated speed enforcement system. Upon completion of the training, the manufacturer or vendor or manufacturer's or vendor's representative shall issue a signed certificate to the automated speed enforcement system [device] operator, which shall be admitted as evidence in any court proceeding for a violation involving an automated speed enforcement system [device]. An automated speed enforcement system [device] operator shall fill out and sign a daily log for an automated speed enforcement system, which:

(A) states the date, time and location of the [device] system setup;

(B) states that the automated speed enforcement system [device] operator successfully performed and the automated speed enforcement system [device] passed the self-tests specified by the manufacturer or vendor of the automated speed enforcement system [device];

(D) shall be admitted in any proceeding for a violation involving an automated speed enforcement system [device].

(iv) An automated speed enforcement system [device] shall undergo an annual calibration check performed by a calibration laboratory. The calibration laboratory shall issue a signed certificate of calibration after the annual calibration check, which shall be kept on file and shall be admitted as evidence in any proceeding for a violation involving an automated speed enforcement system [device].

(v) The following shall be attached to the notice of violation:

(A) A copy of the recorded image showing the motor vehicle with its license plate visible.

(B) The registration number and state of issuance of the motor vehicle registration.

(C) 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.

(D) The date, time and place of the alleged violation.

(E) Notice that the violation charged is under this section.

(F) Instructions for return of the notice of violation.

(2) In the case of a violation involving a motor vehicle [registered under] subject to the laws of this Commonwealth, the notice of 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] from 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] the 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] the mailing date of the notice . A hearing may be obtained upon the written request of the [registered] owner.

(e) Penalty.--

(1) If a person violates this section as a first offense, the person shall receive a written warning.

(2) The penalty for a violation under this section shall be a fine of $75 for the second offense and $150 for the third and subsequent offenses, 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 fines, etc.).

(2.1) A person does not commit a second or subsequent offense unless the second offense occurs at least 15 days after the mailing date of the written warning.

(3) The fine or warning is not authorized during times when the automated speed enforcement work area is not active and not in use .

(4) 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.

(5) If a person who has a prior violation of this section before the effective date of this paragraph commits another violation of this section after the effective date of this paragraph, the violation after the effective date of this paragraph shall be deemed a first offense and any violation occurring after that violation shall constitute an additional offense.

(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, motor vehicle information, 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 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. The department, the Pennsylvania Turnpike Commission or the system administrator shall retain evidence that the records have been destroyed in accordance with this section.

(4) Notwithstanding any other provision of law, [registered] motor vehicle owner information obtained as a result of the operation of an automated speed enforcement system under this section shall be the exclusive property of the Commonwealth and not the property of the manufacturer or vendor of the automated speed enforcement system and may not be used for a purpose other than prescribed in this section.

(5) [A] An intentional 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 motor vehicle was reported to a police department 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 motor vehicle at the time of the offense.

(3) It shall be a defense to a violation under this section that the [device] automated speed enforcement system 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.

(4) It shall be a defense to a violation under this section that the person named in the notice of the violation was not driving the motor vehicle at the time of the violation. The department or system administrator may require the owner to submit evidence that the owner was not the driver at the time of the alleged violation. The owner of the motor vehicle may not be required to disclose the identity of the driver of the motor vehicle at the time of the violation.

(h) Authority and duties of department and Pennsylvania Turnpike Commission.--

(1) The department and Pennsylvania Turnpike Commission shall establish [a five-year] an automated speed enforcement system program [not later than 18 months following the effective date of this section].

(3) (i) The department and Pennsylvania Turnpike Commission shall serve directly or through a contracted private service with a manufacturer or vendor as the system administrator of the program. Compensation under a contract authorized by this paragraph shall be based only upon the value of 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) and the Pennsylvania State Police under subsection (d)(1)(i). The department, Pennsylvania Turnpike Commission and the Pennsylvania State Police shall use the appropriate restricted account to pay for the administration of the [pilot] program and the system administrator's invoice costs, if applicable. Remaining fines shall be allocated by the department or Pennsylvania Turnpike Commission [for the first three years as follows:

(A) Forty-five percent of the fines from violations occurring in an automated speed enforcement work area 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 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. 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 from violations occurring in an automated speed enforcement work area 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 Pennsylvania Turnpike Commission.

(C) Forty percent of the fines from violations occurring in an automated speed enforcement work area shall be deposited in the Motor License Fund and shall be appropriated by the General Assembly.

(iv) Remaining fines shall be allocated by the department or Pennsylvania Turnpike Commission for the last two years to develop a Work Zone and Highway Safety Program. At a minimum, funds from the Work Zone and Highway Safety Program shall be used for improvement projects and countermeasures to improve the safety in work zones and on highways. Funds may also be used to increase awareness of distracted driving and transportation enhancements established under section 3116 (relating to automated red light enforcement systems in first class cities).

(v) 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.

(vi) If the five-year program is not extended by the General Assembly, any remaining fines remitted to the department or Pennsylvania Turnpike Commission shall be used as provided under subparagraph (iv).

(vii) 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.] to develop a Work Zone and Highway Safety Program. At a minimum, funds from the Work Zone and Highway Safety Program shall be used for improvement projects, enforcements and countermeasures to improve the safety in work zones and on highways. Funds may also be used to increase awareness of distracted driving and transportation enhancements established under section 3116 (relating to automated red light enforcement systems in first class cities).

(viii) The system administrator shall provide an appropriate form by which owners of the motor vehicles may challenge a notice of violation. A hearing to contest liability may be in person or be conducted through live-stream synchronous video conferencing or similar virtual presence technology and shall be only at reasonable times set by the system administrator. Challenges to be heard in person shall be conducted in, at least, Erie, Harrisburg, Philadelphia, Pittsburgh and Scranton. The form may be included with or as part of the notice of violation.

(4) Not later than April 1 annually, the department, the Pennsylvania Turnpike Commission and the Pennsylvania State Police 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 bodily 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 and contested .

(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 in work zones that were provided as a result of the funds under paragraph (3)(iii)(A)(II).]

(vii) Use of funds under paragraph [(3)(iv)] (3) (iii) .

(i) Payment of fine.--

(1) An owner of a motor vehicle 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, the Pennsylvania Turnpike Commission or the system administrator, as applicable.

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

(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.] If payment is not received within 90 days of the mailing of the notice of violation, the department or Pennsylvania Turnpike Commission may request an applicable credit collection agency to resolve the payment amount owed.

(j) Contest.--

(1) An owner of a motor vehicle may, within 30 days of the mailing date 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.] sending a request on the prescribed form. A hearing to contest liability may be in person or be conducted through live-stream synchronous video conferencing or similar virtual presence technology as described under subsection (h)(3)(viii).

(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 of the motor vehicle .

(3) The hearing shall be informal and the rules of evidence shall not apply. The decision of the hearing officer shall be made within 45 days from the hearing date and shall be final, subject to the right of the owner of the motor vehicle to appeal the decision under paragraph (4) .

(4) If , within 45 days of issuance of the decision of the hearing officer, the owner of the motor vehicle requests in writing [that the decision of the hearing officer be appealed, the system administrator] an appeal of the decision of the hearing officer, the owner of the motor vehicle 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] a magisterial district judge shall hear and decide the matter de novo and shall be restricted to finding an owner liable or not liable for violating this section .

[(k) Expiration.--This section shall expire five years from the effective date of this section.]

Section 2.1. Section 3370 heading, (a), (b), (d)(2) and (4), (f), (g), (i), (j)(1) and (3), (k), (m)(1), (n)(1) and (2), (o) and (q) of Title 75 are amended and subsection (d) is amended by adding a paragraph to read:

§ 3370. [Pilot program for automated speed enforcement system on designated highway] Automated speed enforcement system on designated highways .

(a) General rule.--[A pilot program is established to provide for an automated speed enforcement system on the designated highway.] A program is established to provide for an automated speed enforcement system on U.S. Route 1 (Roosevelt Boulevard) between Ninth Street and the Philadelphia County line shared with Bucks County in a city of the first class. The following shall apply:

(1) A city of the first class, upon passage of an ordinance, is authorized to enforce section 3362 (relating to maximum speed limits) on Roosevelt Boulevard by recording violations using an automated speed enforcement system approved by the department.

[(2) This section shall only be applicable in a city of the first class in areas agreed upon by the system administrator and the Secretary of Transportation using the automated speed enforcement system on U.S. Route 1 (Roosevelt Boulevard) between Ninth Street and the Philadelphia County line shared with Bucks County.]

(3) A city of the first class may expand the automated speed enforcement system beyond Roosevelt Boulevard to no more than five corridors if the following conditions are met:

(i) The city of the first class, in consultation with the department, proposes a new State or local highway corridor within the borders of the city of the first class according to speed data and speed-related accidents involving vehicles or pedestrians. Each proposed corridor must include a beginning segment and an end segment on the same State or local route within the borders of the city of the first class.

(ii) The city of the first class conducts an engineering and traffic investigation under section 6109(e) (relating to specific powers of department and local authorities) on the posted speed limit within a proposed State or local highway corridor for an automated speed enforcement system.

(iii) The city of the first class provides at least one opportunity for public comment regarding the proposed State or local highway corridor.

(4) When the conditions under paragraph (3) have been met, a city of the first class, upon passage of an ordinance for each new corridor, is authorized to enforce section 3362 by recording violations using an automated speed enforcement system approved by the department.

(b) Owner liability.--For each violation under this section, the owner of the motor 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). For the purposes of this section, the lessee of a leased vehicle shall be considered the owner of the motor vehicle.

(d) Penalty.--The following shall apply:

(2) 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 notifying the public that an automated speed enforcement [device] system is in use.

(ii) A notice identifying the location of the automated speed enforcement system is posted on the [department's] city of the first class's or system administrator's publicly accessible Internet website throughout the period of use.

(4) The system administrator may provide a written warning to the [registered] owner of a motor vehicle determined to have violated this section during the first 30 days of operation of the automated speed enforcement system.

(7) If a person who has a prior violation of this section before the effective date of this paragraph commits another violation of this section after the effective date of this paragraph, the violation after the effective date of this paragraph shall be deemed a first offense and any violation occurring after that violation shall constitute an additional offense.

(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 motor 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 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 area 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 city of the first class or system administrator , its authorized agents or its employees, including recorded images, written records, reports or facsimiles, names, addresses , motor vehicle information and the number of violations under this section, shall be for the exclusive use of the city, its authorized agents, its employees and law enforcement officials for the purpose of discharging their duties under this section and under any ordinances and resolutions of the city. 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 or any ordinance or resolution of the city. 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.

(4) Recorded images obtained through the use of automated speed enforcement systems deployed as a means of promoting traffic safety in a city of the first class 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 city shall file notice with the [Department of State] department that the records have been destroyed in accordance with this section.

(5) Notwithstanding any other provision of law, [registered] motor 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 manufacturer or vendor of the automated speed enforcement system and may not be used for any purpose other than as prescribed in this section.

(6) [A] An intentional 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] driving the motor vehicle at the time of the violation. The owner of the motor vehicle may be required to submit evidence that the owner was not the driver at the time of the alleged violation. The city of the first class may not require the owner of the motor vehicle to disclose the identity of the [operator] driver of the motor vehicle at the time of the violation.

(2) If an owner of a motor vehicle receives a notice of violation pursuant to this section of a time period during which the motor 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 motor 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 motor vehicle at the time of the offense.

(4) It shall be a defense to a violation under this section that the [device] automated speed enforcement system 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.

(i) Duty of city.--[If a city of the first class elects to implement this section, the] The following provisions shall apply:

(1) [The city] A city of the first class may not use an automated speed enforcement system unless there is posted an appropriate sign in a conspicuous place before the area in which the automated speed enforcement [device] system is to be used notifying the public that an automated speed enforcement [device] system is in use immediately ahead.

(2) [The city] A city of the first class shall designate or appoint the Philadelphia Parking Authority as the system administrator to supervise and coordinate the administration of notices of violation issued under this section. Compensation under a contract authorized by this paragraph shall be based only upon the value of 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.

(3) The system administrator shall prepare a notice of violation to the [registered] owner of a motor 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 motor vehicle;

(ii) the registration number and state of issuance of the motor 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:

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 of the motor vehicle .

(j) System administrator.--The following shall apply:

(1) The system administrator may hire and designate personnel as necessary or contract for services through a manufacturer or vendor to implement this section.

(3) Not later than [April] September 1 annually, the system administrator 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 motor vehicles in the enforcement area.

(ii) A compilation of penalties paid and outstanding and violations contested .

(iii) The amount of money paid to a vendor or manufacturer under this section.

(iv) The number of vehicular and pedestrian accidents and related serious bodily injuries and deaths along the designated highway.

(k) Notice to owner.--In the case of a violation involving a motor vehicle [registered under] subject to 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 of the motor vehicle , 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] from 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 motor vehicle. A notice of violation under this section must be provided to [an] the owner of the motor vehicle within 90 days of the commission of the offense.

(m) Payment of fine.--The following shall apply:

(1) An owner of a motor vehicle to whom a notice of violation has been issued may admit responsibility for the violation and pay the fine provided in the notice.

(n) Hearing.--The following shall apply:

(1) An owner of a motor vehicle to whom a notice of violation has been issued may, within 30 days of the mailing date 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 personally or by an authorized agent or by [mailing a request in writing] sending a request on the prescribed form .

(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 city of the first class. Written notice of the date, time and place of hearing must be sent by first class mail to the owner[.] of the motor vehicle. A hearing to contest liability may be in person or be conducted through live-stream synchronous video conferencing or similar virtual presence technology and shall be only at the locations and times set by the system administrator.

(o) Compensation to manufacturer or vendor.--If a city of the first class has established an automated speed enforcement system [deployed as a means of promoting traffic safety and the enforcement of the traffic laws of this Commonwealth or the city], the 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 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.

[(q) Expiration.--This section shall expire five years from its effective date.]

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

§ 3370.1. Automated speed enforcement study.

The Local Government Commission shall conduct a study of expanding automated speed enforcement on highways and streets owned by municipalities. No later than two years after the effective date of this section, the Local Government Commission shall submit a report to the General Assembly and shall provide findings and recommendations on the expansion of automated speed enforcement on highways and streets owned by municipalities.

§ 3371. Pilot program for automated speed enforcement systems in designated school zones.

(a) General rule.--A pilot program is established to provide for an automated speed enforcement system in designated school zones in a city of the first class. The following shall apply:

(1) This section shall only be applicable in a city of the first class in no more than five school zones agreed upon by the system administrator, on the city's behalf, and the secretary.

(2) A city of the first class shall conduct an engineering and traffic investigation under section 6109(e) (relating to specific powers of department and local authorities) on the posted speed limit within the proposed school zone for an automated speed enforcement system.

(3) A city of the first class shall provide at least one opportunity for public comment regarding the proposed school zone.

(4) When the requirements under paragraphs (2) and (3) are met, a city of the first class, upon passage of an ordinance for the school zones, is authorized to enforce section 3365(b) (relating to special speed limitations) by recording violations using an automated speed enforcement system approved by the department.

(b) Owner liability.--For each violation under this section, the owner of the motor vehicle shall be liable for the penalty imposed under subsection (d) unless the owner is convicted of the same violation under another section of this title or has a defense under subsection (g). For the purposes of this section, the lessee of a leased vehicle shall be considered the owner of a motor vehicle.

(c) Certificate as evidence.--A certificate, or a facsimile 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 employed by the city of the first class shall be prima facie evidence of the facts contained in it. The city 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 3365(b) shall be admissible in any judicial or administrative proceeding to adjudicate the liability for the violation.

(d) Penalty.--

(1) The penalty for a violation under subsection (a) shall be a fine of $150 unless a lesser amount is set by ordinance. The ordinance may create fines for a first offense, second offense and third and subsequent offenses, but no single fine shall exceed $150.

(2) 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 of the designated school zone notifying the public that an automated speed enforcement system is active and in use.

(ii) A notice identifying the location of the automated speed enforcement system is posted on the city's or system administrator's publicly accessible Internet website throughout the period of use.

(iii) The designated school zone is active as indicated by an official traffic-control device with a posted speed limit of no greater than 15 miles per hour.

(3) A fine is not authorized during the first 30 days of operation of an automated speed enforcement system.

(4) The system administrator may provide a written warning to the registered owner of a motor vehicle determined to have violated this section during the first 30 days of operation of the automated speed enforcement system.

(5) 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.

(6) Surcharge points may not 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 in a designated school zone by 11 miles per hour or more is a violation of this section.

(f) Limitations.--

(1) An automated speed enforcement system may not be utilized in such a manner as to take a frontal view recorded image of the motor vehicle as evidence of having committed a violation.

(3) Notwithstanding any other provision of law, information prepared under this section and information related to violations under this section which is kept by the city of the first class, its authorized agents or its employees, including recorded images, written records, reports or facsimiles, names, addresses, motor vehicle information and the number of violations under this section, shall be for the exclusive use of the city, its authorized agents, its employees and law enforcement officials for the purpose of discharging their duties under this section and under any ordinances and resolutions of the city. 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 or any ordinance or resolution of the city. 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.

(4) Recorded images obtained through the use of automated speed enforcement systems deployed as a means of promoting traffic safety in a city of the first class 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. A city of the first class shall file notice with the department that the records have been destroyed in accordance with this section.

(5) Notwithstanding any other provision of law, registered motor 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 manufacturer or vendor of the automated speed enforcement system and may not be used for any purpose other than as 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.--

(1) It shall be a defense to a violation under this section that the person named in the notice of the violation was not driving the motor vehicle at the time of the violation. The owner may be required to submit evidence that the owner was not the driver at the time of the alleged violation. The city of the first class may not require the owner of the motor vehicle to disclose the identity of the driver of the motor vehicle at the time of the violation.

(2) If an owner receives a notice of violation under this section of a time period during which the motor vehicle was reported to any police department as having been stolen, it shall be a defense to a violation under this section that the motor vehicle had 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 motor vehicle at the time of the offense.

(4) It shall be a defense to a violation under this section that the automated speed enforcement system 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.--

(1) No automated speed enforcement system may be used without the approval of the department, which shall have the authority to promulgate regulations for the certification and use of the systems, which regulations 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.

(2) Notwithstanding any other provision of law, the devices identified in paragraph (1) shall be tested for accuracy at regular intervals as designated by regulation of the department.

(i) Duty of city.--If a city of the first class elects to implement this section, the following provisions shall apply:

(1) The city of the first class may not use an automated speed enforcement system unless there is posted an appropriate sign in a conspicuous place before the school zone in which the automated speed enforcement system is to be used notifying the public that an automated speed enforcement system is in use immediately ahead.

(2) The city of the first class shall designate or appoint the Philadelphia Parking Authority as the system administrator to supervise and coordinate the administration of notices of violation issued under this section. Compensation under a contract authorized by this paragraph shall be based only upon the value of 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.

(3) The system administrator shall prepare a notice of violation to the registered owner of a motor vehicle identified in a recorded image produced by an automated speed enforcement system as evidence of a violation of section 3362 (relating to maximum speed limits). 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 motor vehicle;

(ii) the registration number and state of issuance of the motor vehicle registration;

(iii) the date, time and place of the alleged violation;

(iv) notice that the violation charged is under section 3365(b); and

(v) instructions for return of the notice of violation, which shall read:

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 request of the registered owner of the motor vehicle.

(j) System administrator.--

(1) The system administrator may hire and designate personnel as necessary or contract for services with a manufacturer or vendor to implement this section.

(2) The system administrator shall process notices of violation and penalties issued under this section.

(3) Not later than September 1 annually, the system administrator shall submit an annual report 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 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 motor vehicles in the enforcement area.

(ii) A compilation of penalties paid and outstanding and violations contested.

(iii) The amount of money paid to a system administrator, vendor or manufacturer under this section.

(iv) The number of vehicular and pedestrian accidents and related serious bodily injuries and deaths in the designated school 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 of the motor vehicle, 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 motor vehicle. A notice of violation under this section must be provided to the registered 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.--

(1) An owner of the motor vehicle 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 or check made payable to the system administrator. The system administrator shall remit the fine, less the system administrator's operation and maintenance costs necessitated by this section, to the department for deposit into a restricted receipts account in the Motor License Fund. Fines deposited into 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 money or percentage of money to an applicant prior to the completion of the application process, nor may the department designate a set percentage of money to an applicant. Grants shall be awarded by the department based on the majority vote of a selection committee consisting of four representatives of the department appointed by the secretary and four members appointed by the mayor of the city of the first class, with the secretary or a designee of the secretary serving as chairperson. Priority shall be given to applications seeking grant money for transportation enhancements in the municipality where the automated speed camera system is operated.

(3) Payment of the established fine and applicable penalties shall operate as a final disposition of the case.

(n) Hearing.--

(1) An owner of the motor vehicle to whom a notice of violation has been issued may, within 30 days of the mailing date 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 personally or by an authorized agent or by sending a request on the prescribed form.

(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 city of the first class. Written notice of the date, time and place of hearing must be sent by first class mail to the owner of the motor vehicle. A hearing to contest liability may be in-person or be conducted through live-stream synchronous video conferencing or similar virtual presence technology and shall be only at the locations and times set by the system administrator.

(3) The hearing shall be conducted in accordance with 2 Pa.C.S. Ch. 5 (relating to practice and procedure) and shall be subject to appeal under 2 Pa.C.S. Ch. 7 (relating to judicial review).

(o) Compensation to manufacturer or vendor.--If a city of the first class has established an automated speed enforcement system, the 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 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) Revenue limitation.--A city of the first class may not collect an amount equal to or greater than 2% of its annual budget from the collection of revenue from the issuance and payment of violations under this section.

(q) Expiration.--This section shall expire December 31, 2029.

Section 4. The Secretary of Transportation shall transmit notice to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin that an automated speed enforcement system is operational in the designated school zones under 75 Pa.C.S. § 3371.

Section 5. This act shall take effect as follows:

(1) The following provisions shall take effect immediately:

(i) The amendment of 75 Pa.C.S. § 3345.1(e)(4), (f)(3), (i.2)(1), (2)(v) and (3)(i), (ii) and (iii), (i.3)(3) and (i.4)(4).

(ii) The amendment of 75 Pa.C.S. §§ 3369(k) and 3370(q).

(iii) The addition of 75 Pa.C.S. § 3370.1.

(iv) Section 4 of this act.

(v) This section.

(2) The addition of 75 Pa.C.S. § 3371(e) shall take effect 60 days after the publication in the Pennsylvania Bulletin under section 4 of this act.

(3) The remainder of this act shall take effect in 60 days.

APPROVED--The 14th day of December, A.D. 2023.

JOSH SHAPIRO

Pennsylvania Act 2023-38 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

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