Bill Text: PA HB254 | 2011-2012 | Regular Session | Amended

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Bill Title: Further providing for display of registration plate and for learners' permits; providing for automated red light enforcement systems in certain municipalities; and further providing for specific powers of department and local authorities.

Spectrum: Slight Partisan Bill (Republican 14-7)

Status: (Passed) 2012-07-02 - Act No. 84 [HB254 Detail]

Download: Pennsylvania-2011-HB254-Amended.html

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SENATE AMENDED
PRIOR PRINTER'S NOS. 205, 2963, 3443 PRINTER'S NO. 3874
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 254 Session of2011
INTRODUCED BY GROVE, BOYD, CLYMER, D. COSTA, DENLINGER, GINGRICH, HARRIS, HORNAMAN, M. K. KELLER, MILLER, MOUL, VULAKOVICH, MURT, KAVULICH, BURNS, REICHLEY, MULLERY, MARSHALL, LAWRENCE, BRIGGS AND KORTZ, JANUARY 26, 2011
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 28, 2012
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further providing for display of registration plate <--
and for learners' permits; providing for automated red light <--
enforcement systems in certain municipalities; and further
providing for specific powers of department and local
authorities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1505(e) of Title 75 of the Pennsylvania <--
Consolidated Statutes, amended October 25, 2011 (P.L.334,
No.81), is amended and the section is amended by adding a
subsection to read:
Section 1. Section 1332(b)(2) of Title 75 of the <--
Pennsylvania Consolidated Statutes is amended to read:
§ 1332. Display of registration plate.
* * *
(b) Obscuring plate.--It is unlawful to display on any
vehicle a registration plate which:
* * *
(2) is obscured in any manner which inhibits the proper
operation of an automated red light enforcement system in
place pursuant to section 3116 (relating to automated red
light enforcement systems in first class cities) or 3117
(relating to automated red light enforcement systems in
certain municipalities); or
* * *
Section 2. Section 1505(e) of Title 75, amended October 25,
2011 (P.L.334, No.81), is amended and the section is amended by
adding a subsection to read:
§ 1505. Learners' permits.
* * *
(e) Authorization to test for driver's license and junior
driver's license.--A person with a learner's permit is
authorized to take the examination for a regular or junior
driver's license for the class of vehicle for which a permit is
held. Before a person under the age of 18 years may take the
examination for a junior driver's license, including a Class M
license to operate a motorcycle, the minor must:
(1) Have held a learner's permit for that class of
vehicle for a period of six months.
(2) Present to the department a certification form
signed by the father, mother, guardian, person in loco
parentis or spouse of a married minor stating that the minor
applicant has:
(i) completed 65 hours of practical driving
experience[, including] accompanied as required under
subsection (b); and
(ii) except for a Class M license to operate a
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motorcycle, the 65 hours included no less than ten hours
of nighttime driving and five hours of inclement weather
driving[, accompanied as required under subsection (b).
Submission of a certification shall not subject the
parent, guardian, person in loco parentis or spouse of a
married minor to any liability based upon the
certification].
(3) Have the certification form completed when the minor
is ready for the licensing examination. The certification
form shall be developed by the department and will be
provided by the department when the original application for
a learner's permit is processed. The department will make
this form readily available through the mail or electronic
means.
(4) For a Class M license to operate a motorcycle,
present evidence of successful completion of the department-
approved motorcycle safety course.
* * *
(g) Liability.--Submission of a certification under
subsection (e)(2) shall not subject the parent, guardian, person
in loco parentis or spouse of a married minor to any liability
based upon the certification.
Section 2. This act shall take effect in 60 days. <--
Section 3. Section 3116 of Title 75, amended December 22, <--
2011 (P.L.596, No.129), is reenacted and amended to read:
§ 3116. Automated red light enforcement systems in first class
cities.
(a) General rule.--
(1) A city of the first class, upon passage of an
ordinance, is authorized to enforce section 3112(a)(3)
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(relating to traffic-control signals) by recording violations
using an automated red light enforcement system approved by
the department.
(2) This section shall only be applicable at
intersections in the city of the first class agreed upon by
the system administrator and the Secretary of Transportation
who shall consider using the automated red light enforcement
system at the following intersections:
(i) U.S. Route 1 (Roosevelt Boulevard) at Grant
Avenue, at Red Lion Road and at Cottman Street.
(ii) Kensington Avenue at Clearfield Street.
(iii) Richmond Street at Allegheny Avenue and at
Castor Avenue.
(iv) Aramingo Avenue at York Street.
(v) Thompson Street at Lehigh Avenue.
(vi) Broad Street at Washington Avenue.
(b) Owner liability.--For each violation pursuant to this
section, the owner of the 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 (f).
(c) Certificate as evidence.--A certificate, or a facsimile
of a certificate, based upon inspection of recorded images
produced by an automated red light 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 red light enforcement system was operating correctly
at the time of the alleged violation. A recorded image
evidencing a violation of section 3112(a)(3) shall be admissible
20110HB0254PN3874 - 4 -
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 $100 unless a lesser amount is set by
ordinance.
(2) A fine is not authorized for a violation of this
section if any of the following apply:
(i) The intersection is being manually controlled.
(ii) The signal is in the mode described in section
3114 (relating to flashing signals).
(3) A fine is not authorized during:
(i) The first 120 days of operation of the automated
system at the initial intersection.
(ii) The first [60] 45 days for each additional
intersection selected for the automated system.
(3.1) A warning may be sent to the violator under
paragraph (3).
(4) 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.
(5) No surcharge points may be imposed in the provision
of motor vehicle insurance coverage. Fines 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) Limitations.--
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(1) No automated red light enforcement system shall be
utilized in such a manner as to take a frontal view recorded
image of the vehicle as evidence of having committed a
violation.
(2) Notwithstanding any other provision of law, camera
equipment deployed as part of an automated red light
enforcement system as provided in this section must be
incapable of automated or user-controlled remote intersection
surveillance by means of recorded video images. Recorded
images collected as part of the automated red light
enforcement system must only record traffic violations and
may not be used for any other surveillance purposes. 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, its authorized agents or its
employees, including recorded images, written records,
reports or facsimiles, names, addresses 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 [June 21, 1957 (P.L.390,
20110HB0254PN3874 - 6 -
No.212), referred to] 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 red light 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. The city shall file notice with the
Department of State that the records have been destroyed in
accordance with this section.
(5) Notwithstanding any other provision of law,
registered vehicle owner information obtained as a result of
the operation of an automated red light enforcement system
under this section shall not be the property of the
manufacturer or vendor of the automated red light enforcement
system and may not be used for any purpose other than
prescribed in this section.
(f) 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 operating the vehicle at the time of the violation.
20110HB0254PN3874 - 7 -
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
vehicle to disclose the identity of the operator of the
vehicle at the time of the violation.
(2) If an owner receives a notice of violation pursuant
to this section of a time period during which the vehicle was
reported to a police department of any state or municipality
as having been stolen, it shall be a defense to a violation
pursuant to this section that the 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 vehicle at the time of the offense.
(g) Department approval.--No automated red light 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 such systems.
(h) Duty of city.--If a city of the first class elects to
implement this section, the following provisions shall apply:
(1) The city may not use an automated red light
enforcement system unless there is posted an appropriate sign
in a conspicuous place before the area in which the automated
red light enforcement device is to be used notifying the
public that an automated red light enforcement device is in
use immediately ahead.
(2) The city shall designate or appoint the Philadelphia
Parking Authority as the system administrator to supervise
20110HB0254PN3874 - 8 -
and coordinate the administration of notices of violation
issued under this section.
(3) The system administrator shall prepare a notice of
violation to the registered owner of a vehicle identified in
a recorded image produced by an automated red light
enforcement system as evidence of a violation of section
3112(a)(3). The issuance of the notice of violation must be
done 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 attached to it a
copy of the recorded image showing the vehicle; the
registration number and state of issuance of the vehicle
registration; the date, time and place of the alleged
violation; that the violation charged is under section
3112(a)(3); and instructions for return of the notice of
violation. The text of the notice must be as follows:
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.
(i) System administrator.--
(1) The system administrator may hire and designate
personnel as necessary or contract for services to implement
this section.
(2) The system administrator shall process fines issued
pursuant to this section.
(3) The system administrator shall submit an annual
report to the chairman and the minority chairman of the
Transportation Committee of the Senate and the chairman and
minority chairman of the Transportation Committee of the
20110HB0254PN3874 - 9 -
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.
(ii) A compilation of fines paid and outstanding.
(iii) The amount of money paid to a vendor or
manufacturer under this section.
(j) 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, 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, 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 vehicle. A notice of
violation under this section must be provided to an owner within
90 days of the commission of the offense.
(k) 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.
(l) Payment of fine.--
(1) An owner to whom a notice of violation has been
20110HB0254PN3874 - 10 -
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 in the fund under this paragraph shall be used by
the department to develop, by regulation, a Transportation
Enhancements Grant Program. The department shall award
transportation enhancement grants on a competitive basis. The
department may pay any actual administrative costs arising
from its administration of this section. The department may
not reserve, designate or set aside any specific level of
funds or percentage of funds to an applicant prior to the
completion of the application process, nor may the department
designate a set percentage of funds to an applicant. Grants
shall be awarded by the department based on the majority vote
of a selection committee consisting of four representatives,
with the secretary or his designee serving as chairman, of
the department appointed by the secretary and four members
appointed by the mayor of the city of the first class.
Priority shall be given to applications seeking grant funds
for transportation enhancements in the municipality where the
automated red light camera system is operated.
(3) Payment of the established fine and applicable
20110HB0254PN3874 - 11 -
penalties shall operate as a final disposition of the case.
(m) Hearing.--
(1) An owner to whom a notice of violation has been
issued may, within 30 days of the mailing 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.
(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.
(3) The hearing shall be informal; the rules of evidence
shall not apply; and the decision of the hearing officer
shall be final, subject to the right of the owner to appeal
the decision to the traffic court.
(4) If the owner requests in writing that the decision
of the hearing officer be appealed to the traffic court, the
system administrator shall file the notice of violation and
supporting documents with the traffic court, which shall hear
and decide the matter de novo.
(n) Compensation to manufacturer or vendor.--If a city of
the first class has established an automated red light
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 red light enforcement
20110HB0254PN3874 - 12 -
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 red light enforcement system.
(o) Duration of yellow light change interval.--The duration
of the yellow light change interval at intersections where
automated red light enforcement systems are in use shall conform
to the yellow light change interval duration specified on the
traffic signal permit issued by the department or the first
class city.
(p) Revenue limitation.--A city of the first class may not
collect an amount equal to or greater than 5% 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 [June 30, 2012]
July 15, 2017.
Section 4. Title 75 is amended by adding a section to read:
§ 3117. Automated red light enforcement systems in certain
municipalities.
(a) General rule.--A municipality, upon passage of an
ordinance, is authorized to enforce section 3112(a)(3) (relating
to traffic-control signals) by recording violations using an
automated red light enforcement system approved by the
department.
(b) Applicability.--
(1) This section shall only be applicable at
intersections in a municipality designated by the
municipality with the approval of the secretary under the
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requirements of paragraph (2).
(2) No automated red light system shall be installed
until the municipality provides notice to the department of
the location of each intersection. After receiving notice and
before the system may be installed, the department shall have
60 days to review each proposed intersection and to issue a
recommendation to the municipality which shall include all of
the following:
(i) A statement on whether the proposed intersection
is an appropriate location for an automated red light
enforcement system.
(ii) The data on which the department based the
recommendation.
(3) No system shall be installed if the department does
not issue a recommendation approving the location to the
municipality.
(4) The department may identify the location of an
alternate intersection in the municipality that it determines
is appropriate for an automated red light enforcement system.
(c) Owner liability.--For each violation under this section,
the owner of the 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).
(d) Certificate as evidence.--A certificate, or a facsimile
of a certificate, based upon inspection of recorded images
produced by an automated red light enforcement system and sworn
to or affirmed by a police officer employed by the municipality
shall be prima facie evidence of the facts contained in it. The
municipality must include a written statement that the automated
20110HB0254PN3874 - 14 -
red light enforcement system was operating correctly at the time
of the alleged violation. A recorded image evidencing a
violation of section 3112(a)(3) shall be admissible in any
judicial or administrative proceeding to adjudicate the
liability for the violation.
(e) Penalty.--
(1) The penalty for a violation under subsection (a)
shall be a fine of $100 unless a lesser amount is set by
ordinance.
(2) A fine is not authorized for a violation of this
section if any of the following apply:
(i) The intersection is being manually controlled.
(ii) The signal is in the mode described in section
3114 (relating to flashing signals).
(3) A fine is not authorized during any of the
following:
(i) The first 60 days of operation of the automated
system at the initial intersection.
(ii) The first 30 days for each additional
intersection selected for the automated system.
(4) A warning may be sent to the violator under
paragraph (3).
(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) No surcharge points may be imposed in the provision
of motor vehicle insurance coverage. Fines collected under
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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.).
(f) Limitations.--
(1) No automated red light enforcement system shall be
utilized in such a manner as to take a frontal view recorded
image of the vehicle as evidence of having committed a
violation.
(2) Notwithstanding any other provision of law, camera
equipment deployed as part of an automated red light
enforcement system as provided under this section must be
incapable of automated or user-controlled remote intersection
surveillance by means of recorded video images. Recorded
images collected as part of the automated red light
enforcement system may only record traffic violations and may
not be used for any other surveillance purposes. The
restrictions set forth under 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 municipality, its authorized agents or employees,
including recorded images, written records, reports or
facsimiles, names and addresses, shall be for the exclusive
use of the municipality, its authorized agents, its employees
and law enforcement officials for the purpose of discharging
20110HB0254PN3874 - 16 -
their duties under this section and under any ordinances and
resolutions of the municipality. 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
municipality. The restrictions set forth under 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 red light enforcement systems deployed as a means
of promoting traffic safety in a municipality shall be
destroyed within 30 days following the final disposition of
any recorded event. The municipality shall file notice with
the Department of State that the records have been destroyed
in accordance with this section.
(5) Notwithstanding any other provision of law,
registered vehicle owner information obtained as a result of
the operation of an automated red light enforcement system
under this section shall not be the property of the
manufacturer or vendor of the automated red light enforcement
system and may not be used for any purpose other than
prescribed in this section.
(g) Defenses.--
(1) It shall be a defense to a violation under this
20110HB0254PN3874 - 17 -
section that the person named in the notice of the violation
was not operating the 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
municipality may not require the owner of the vehicle to
disclose the identity of the operator of the 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 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 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 or lessor of the vehicle at the time of the
offense.
(h) Department approval.--No automated red light 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 such systems.
(i) Duty of municipality.--If a municipality elects to
implement this section, the following provisions shall apply:
(1) The municipality may not use an automated red light
enforcement system unless an appropriate sign is posted in a
conspicuous place before the area in which the automated red
light enforcement device is to be used notifying the public
that an automated red light enforcement device is in use
immediately ahead.
20110HB0254PN3874 - 18 -
(2) The municipality or its designee shall serve as the
system administrator to supervise and coordinate the
administration of notices of violations issued under this
section.
(3) The following apply:
(i) The system administrator shall prepare a notice
of violation to the registered owner of a vehicle
identified in a recorded image produced by an automated
red light enforcement system as evidence of a violation
of section 3112(a)(3). The issuance of the notice of
violation must be done by a police officer employed by
the police department with primary jurisdiction over the
area where the violation occurred. The notice of
violation must have attached to it all of the following:
(A) A copy of the recorded image showing the
vehicle.
(B) The registration number and state of
issuance of the vehicle registration.
(C) The date, time and place of the alleged
violation.
(D) Notice that the violation charged is under
section 3112(a)(3).
(E) Instructions for return of the notice of
violation.
(ii) The text of the notice must be as follows:
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.
(j) System administrator.--
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(1) The system administrator may hire and designate
personnel as necessary or contract for services to implement
this section.
(2) The system administrator shall process fines issued
under this section.
(3) The system administrator shall submit an annual
report to the chairman and minority chairman of the
Transportation Committee of the Senate and the chairman and
minority chairman of the Transportation Committee of the
House of Representatives. The report shall be considered a
public record under the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law, and include for the
prior year:
(i) The number of violations and fines issued.
(ii) A compilation of fines paid and outstanding.
(iii) The amount of money paid to a vendor or
manufacturer under this section.
(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, whichever is
later, 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
vehicle. A notice of violation under this section must be
20110HB0254PN3874 - 20 -
provided to an 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 to whom a notice of violation has been
issued may admit responsibility for the violation and pay the
fine provided in the notice.
(2) Except as provided in paragraph (2.1), 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 under this
section, to the department for deposit into a restricted
receipts account in the Motor License Fund. Fines deposited
in the fund under this paragraph shall be used by the
department for a Transportation Enhancements Grant Program.
The department shall award transportation enhancement grants
on a competitive basis subject to a selection committee
established by the secretary. The department may pay any
actual administrative costs arising from its administration
of this section. The department may not reserve, designate or
set aside any specific level of funds or percentage of funds
20110HB0254PN3874 - 21 -
to an applicant prior to the completion of the application
process, nor may the department designate a set percentage of
funds to an applicant. Priority shall be given to
applications seeking grant funds for transportation
enhancements in the municipality where the automated red
light camera system is operated.
(2.1) In a city of the second class, 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 payable to the system
administrator. The system administrator shall remit the fine,
less the system's operation and maintenance costs
necessitated under this section, to the department for
deposit into a restricted receipts account in the Motor
License Fund. Fines deposited in the fund under this
paragraph shall be used by the department for a
Transportation Enhancement Grants Program. The department
shall award transportation enhancement grants on a
competitive basis. The department may pay any actual
administrative costs arising from its administration of this
section. The department may not reserve, designate or set
aside any specific level of funds or percentage of funds to
an applicant prior to the completion of the application
process, nor may the department designate a set percentage of
funds 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 second class, with
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the secretary or his designee serving as chairman. Priority
shall be given to applications seeking grant funds for
transportation enhancements in the municipality where the
automated red light 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 to whom a notice of violation has been
issued may, within 30 days of the mailing 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.
(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 municipality. Written notice of the date,
time and place of hearing must be sent by first class mail to
the owner.
(3) The hearing shall be informal; the rules of evidence
shall not apply; and the decision of the hearing officer
shall be final, subject to the right of the owner to appeal
the decision to the magisterial district judge.
(4) If the owner requests in writing that the decision
of the hearing officer be appealed to the magisterial
district judge, the system administrator shall file the
notice of violation and supporting documents with the
magisterial district judge, who shall hear and decide the
matter de novo.
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(o) Compensation to manufacturer or vendor.--If a
municipality has established an automated red light enforcement
system deployed as a means of promoting traffic safety and the
enforcement of the traffic laws of this Commonwealth or the
municipality, the compensation paid to the manufacturer or
vendor of the automated red light 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 red light
enforcement system.
(p) Duration of yellow light change interval.--The duration
of the yellow light change interval at intersections where
automated red light enforcement systems are in use shall conform
to the yellow light change interval duration specified on the
traffic signal permit issued by the department or municipality.
(q) Revenue limit.--A municipality may not collect an amount
equal to or greater than 5% of its annual budget from the
collection of revenue from the issuance and payment of
violations under this section.
(r) Expiration.--This section shall expire July 15, 2017.
(s) Definitions.--As used in this section:
(1) The term "designee" shall include a person, business
entity or governmental entity, including the department.
(2) The term "municipality" means:
(i) A city, borough or township with a population
under the 2010 Federal Decennial Census exceeding 20,000
with a police agency accredited by the Pennsylvania
Chiefs of Police Association in a county of the second
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class A.
(ii) A city, borough or township with a population
under the 2010 Federal Decennial Census exceeding 20,000
with a police agency accredited by the Pennsylvania
Chiefs of Police Association in a county of the third
class with a population between 490,000 and 510,000.
(iii) A city of the second class.
Section 5. Section 6109(a)(1), (f) and (h) of Title 75 are
amended and the section is amended by adding a subsection to
read:
§ 6109. Specific powers of department and local authorities.
(a) Enumeration of police powers.--The provisions of this
title shall not be deemed to prevent the department on State-
designated highways and local authorities on streets or highways
within their physical boundaries from the reasonable exercise of
their police powers. The following are presumed to be reasonable
exercises of police power:
(1) Except as limited by [subsection] subsections (g)
and (h), regulating or prohibiting stopping, standing or
parking.
* * *
(f) Delegation of powers authorized.--Except as set forth in
[subsection] subsections (g) and (h), nothing contained in this
section shall be deemed to prevent local authorities by
ordinance or resolution of the local governing body from
delegating their powers under subsection (a)(1) or (22) to a
parking authority established pursuant to 53 Pa.C.S. Ch. 55
(relating to parking authorities).
(g) Delegation of powers in cities of the first class.--
(1) Notwithstanding any contrary provision of 53 Pa.C.S.
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Ch. 55 or this title, beginning on March 31, 2014, the
parking authority of a city of the first class shall enforce
and administer the system of on-street parking regulation in
a city of the first class on behalf of the city. The system
of on-street parking regulation shall include all ordinances
and resolutions enacted or adopted by the city of the first
class pursuant to the powers specified under subsection (a)
(1) and those certain stopping, standing and parking
provisions provided in sections 3351 (relating to stopping,
standing and parking outside business and residence
districts), 3353 (relating to prohibitions in specified
places) and 3354 (relating to additional parking
regulations).
(2) Any revenues generated pursuant to the system of on-
street parking regulation authorized by this subsection shall
be collected by the authority on behalf of the city of the
first class and disbursed as provided in this paragraph,
subject to adjustment under paragraph (3). Beginning with its
fiscal year ending in 2015, upon the conclusion of each of
its fiscal years, the authority shall transfer the revenues
of the system of on-street parking regulation net of the
operating and administrative expenses of the system of on-
street parking regulation as follows:
(i) Up to $35,000,000 in the aggregate after taking
into account any monthly remittances to the city in which
it is located.
(ii) In the event the net annual revenue of the
system of on-street parking regulation exceeds
$35,000,000, the authority shall transfer all of the
excess to the general fund of a school district of the
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first class coterminous with the city.
(3) The amount set forth in paragraph (2)(i) shall be
adjusted each fiscal year beginning with the fiscal year
ending in 2014 by increasing the $35,000,000 aggregate amount
by an amount equal to $35,000,000 multiplied by the
percentage increase, if any, in the gross revenue generated
by the system of on-street parking regulation. No adjustment
shall be made if the gross revenue generated by the system of
on-street parking regulation did not increase over the prior
fiscal year.
(4) The provisions of section 696(h)(1) of the act of
March 10, 1949 (P.L.30, No.14), known as the Public School
Code of 1949, shall not apply to amounts transferred to a
school district of the first class under this subsection. Any
portion of the excess net revenue of the system of on-street
parking regulation not transferred to a school district of
the first class must be transferred to the city of the first
class in which the authority is located.
(5) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph:
"Administer." To provide any services or materials
necessary to enforce any ordinance or resolution enacted in
order to regulate or prohibit the stopping, standing or
parking of motor vehicles in a city of the first class or
those certain stopping, standing and parking provisions
provided in sections 3351, 3353 and 3354, including, but not
limited to:
(i) The installation and maintenance of all
equipment, including parking meters, on and along
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highways, streets and roadways.
(ii) The installation and maintenance of all
signage, including signage for handicapped parking,
residential permit parking and loading areas, on and
along highways, streets and roadways.
(iii) The operation and management of any
handicapped parking, residential parking and loading area
permit programs.
"Enforce." The issuance of parking violation notices or
citations, the immobilization, towing and impoundment of
motor vehicles and the collection of fines, penalties, costs
and fees, including independent collection agency fees, for
violations of any ordinance or resolution enacted in order to
regulate or prohibit the stopping, standing or parking of
motor vehicles in a city of the first class and those certain
stopping, standing and parking provisions provided in this
section and sections 3351, 3353 and 3354.
(h) Delegation of powers in cities of the second class.--
(1) Notwithstanding any contrary provision of 53 Pa.C.S.
Ch. 55 or this title, beginning on January 1, 2005, the
parking authority of a city of the second class shall enforce
and administer all ordinances and resolutions enacted or
adopted by the city of the second class pursuant to the
powers specified under subsection (a)(1) and those certain
stopping, standing and parking provisions provided in
sections 3351 (relating to stopping, standing and parking
outside [of] business and residence districts), 3353
(relating to prohibitions in specified places) and 3354
(relating to additional parking regulations).
(2) Beginning on March 1, 2005, the parking authority of
20110HB0254PN3874 - 28 -
a city of the second class shall enter into an agreement with
the city of the second class for the transfer of a portion of
the fines, penalties and costs collected pursuant to this
subsection, which the parking authority board deems
reasonable, to the city of the second class.
(3) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph:
"Administer." To provide any services or materials
necessary to enforce any ordinance or resolution enacted in
order to regulate or prohibit the stopping, standing or
parking of motor vehicles in a city of the second class or
those certain stopping, standing and parking provisions
provided in sections 3351, 3353 and 3354, including, but not
limited to:
(i) The installation and maintenance of all
equipment, including parking meters, on and along
highways, streets and roadways.
(ii) The installation and maintenance of all
signage, including signage for handicapped parking,
residential permit parking and loading areas, on and
along highways, streets and roadways.
(iii) The operation and management of any
handicapped parking, residential parking and loading area
permit programs.
(iv) The adjudication of all disputed parking
violation notices or citations issued through enforcement
by the parking authority in a city of the second class.
"Enforce." The issuance of parking violation notices or
citations, the immobilization, towing and impoundment of
20110HB0254PN3874 - 29 -
motor vehicles and the collection of fines, penalties and
costs, including independent collection agency fees, for
violations of any ordinance or resolution enacted in order to
regulate or prohibit the stopping, standing or parking of
motor vehicles in a city of the second class and those
certain stopping, standing and parking provisions provided in
sections 3351, 3353 and 3354.
Section 6. This act shall take effect as follows:
(1) The amendment of 75 Pa.C.S. § 1505(e) shall take
effect in 60 days.
(2) The reenactment and amendment of 75 Pa.C.S. § 3116
shall take effect immediately.
(3) The amendment of 75 Pa.C.S. § 6109(a)(1), (f) and
(h) shall take effect July 1, 2012, or immediately, whichever
is later.
(4) This section shall take effect immediately.
(5) The remainder of this act shall take effect in 90
days.
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