act-2000-0-94•Pennsylvania Act 2000-94 — TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT - AMEND
Pennsylvania Act 2000-94 — TURNPIKE ORGANIZATION, EXTENSION AND TOLL ROAD CONVERSION ACT - AMEND
act-2000-0-942000 Pa. Act 94Law
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
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