(2) The fine is not authorized during times when the
automated speed enforcement work area is not active.
(3) A penalty imposed under this section shall not be:
(i) deemed a criminal conviction;
(ii) 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;
(iii) the subject of merit rating for insurance
purposes; or
(iv) authorize imposition of surcharge points in the
provision of motor vehicle insurance coverage.
(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 set forth 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 which
is kept by the Commonwealth, its authorized agents or its
employees, including recorded images, written records,
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 any proceeding except to determine liability
under this section. The restrictions set forth 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.
(4) Notwithstanding any other provision of law,
registered vehicle owner information obtained as a result of
the operation of an automated speed enforcement system shall
be the exclusive property of the department or Pennsylvania
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