PRINTER'S NO. 3728
No. 2623 Session of 2000
INTRODUCED BY McGILL, WILLIAMS, GEIST, BATTISTO, ADOLPH,
ARMSTRONG, BAKER, BASTIAN, BUNT, CALTAGIRONE, CAPPABIANCA,
CHADWICK, CIVERA, CLYMER, L. I. COHEN, DAILEY, DeWEESE,
DRUCE, FEESE, FICHTER, FLICK, FRANKEL, GLADECK, GRUCELA,
HERSHEY, HESS, LAWLESS, LEH, MAHER, MANN, McCALL, McNAUGHTON,
MELIO, R. MILLER, NICKOL, ORIE, PETRARCA, PHILLIPS, PIPPY,
PISTELLA, PRESTON, ROBERTS, ROSS, RUBLEY, SAINATO, SATHER,
STAIRS, ALLEN, BARD, SCHRODER, SEMMEL, SHANER, B. SMITH,
SOLOBAY, STETLER, STEVENSON, STRITTMATTER, E. Z. TAYLOR,
TIGUE, TULLI, WRIGHT, YUDICHAK, ZIMMERMAN, STURLA, HENNESSEY,
CORNELL, GODSHALL, SCHULER AND BARLEY, JUNE 13, 2000
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 13, 2000
AN ACT
1 Amending the act of September 30, 1985 (P.L.240, No.61),
2 entitled "An act to facilitate vehicular traffic within and
3 across the Commonwealth by providing for the construction,
4 reconstruction, improvement, operation and maintenance of
5 toll roads and the conversion of existing toll-free roads to
6 toll roads in Pennsylvania; conferring powers and imposing
7 duties on the Pennsylvania Turnpike Commission; providing for
8 membership on the Pennsylvania Turnpike Commission;
9 authorizing issuance of turnpike revenue bonds, notes or
10 other obligations of the commission, payable solely from
11 revenues of the commission, including tolls, or from such
12 other funds as may be available to the commission for that
13 purpose, to pay the costs of such toll roads including the
14 acquisition and other costs of toll-free roads and for
15 refunding purposes; providing that no debt of the
16 Commonwealth shall be incurred in the exercise of any of the
17 powers granted by this act; providing for the collection of
18 tolls for the payment of such bonds, notes or other
19 obligations, and for the cost of maintenance, operation and
20 repair of the toll roads including toll-free roads converted
21 to toll roads; making such turnpike revenue bonds, notes or
22 other obligations exempt from taxation; constituting the same
23 legal investments in certain instances; requiring suits
24 against the commission to be brought in the courts in which
25 such actions may be brought against the Commonwealth;
1 prescribing conditions on which toll roads shall be turned
2 over to the Department of Transportation; providing for grade
3 separations, grade changes, relocations, restorations and
4 vacations of public roads and State highways affected by the
5 toll roads; providing for the purchasing or condemnation of
6 land and procedure for determining damages in condemnation;
7 granting certain powers and authority to municipalities and
8 agencies of the Commonwealth to cooperate with the
9 commission; conferring powers and imposing duties on the
10 Department of Transportation; authorizing the Secretary of
11 Transportation to enter into negotiations with the United
12 States Department of Transportation, the Federal Highway
13 Administration or any other Federal agency regarding the
14 conversion of toll-free highways constructed in the
15 Commonwealth using Federal funds to toll roads; and
16 authorizing the Secretary of Transportation to enter into
17 agreements on behalf of the Commonwealth and the commission
18 with the United States Department of Transportation, the
19 Federal Highway Administration or any other Federal agency
20 with respect to obtaining Federal funds for resurfacing,
21 restoring, rehabilitating or reconstructing toll roads in
22 Pennsylvania," further providing for definitions and for
23 functions of the Pennsylvania Turnpike Commission; and
24 providing for enforcement related to electronic toll
25 collection.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 Section 1. The definition of "owner" in section 2 of the act
29 of September 30, 1985 (P.L.240, No.61), known as the Turnpike
30 Organization, Extension and Toll Road Conversion Act, is amended
31 and the section is amended by adding definitions to read:
32 Section 2. Definitions.
33 The following words and phrases when used in this act shall
34 have the meanings given to them in this section unless the
35 context clearly indicates otherwise:
36 * * *
37 "Electronic toll collection." A system of collecting tolls
38 or charges that is capable of charging an account holder for the
39 prescribed toll by electronic transmission of information
40 between a device on a vehicle and a device in a toll lane at a
41 toll collection facility.
42 "Lessee." Any person, corporation, firm, partnership,
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1 agency, association or organization that rents, leases or
2 contracts for the use of a vehicle and has exclusive use of the
3 vehicle for any period of time.
4 "Lessor." Any person, corporation, firm, partnership,
5 agency, association or organization engaged in the business of
6 renting or leasing vehicles to any lessee under a rental
7 agreement, lease or other agreement under which the lessee has
8 the exclusive use of the vehicle for any period of time.
9 "Operator." An individual that uses or operates a vehicle
10 with or without the permission of the owner.
11 "Owner." [An] Except as provided in section 16.1(e), an
12 individual, copartnership, association or corporation having any
13 title or interest in any property rights, easements or
14 franchises authorized to be acquired by this act.
15 * * *
16 "Violation enforcement system." A vehicle sensor, placed in
17 a location to work in conjunction with a toll collection
18 facility, which automatically produces a videotape, or
19 photograph, microphotograph or other recorded image of the rear
20 portion of each vehicle at the time the vehicle is used or
21 operated in violation of the toll collection regulations. This
22 term includes any other technology which identifies a vehicle by
23 photographic, electronic or other method.
24 "Vehicle." As defined in 75 Pa.C.S. § 102 (relating to
25 definitions).
26 Section 2. Section 7 of the act is amended to read:
27 Section 7. Commission powers and duties enumerated; payment of
28 maintenance.
29 (a) Powers and duties of commission.--The commission is
30 authorized to:
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1 (1) Maintain a principal office at such place as shall
2 be designated by the commission.
3 (2) Contract and be contracted within its own name.
4 (3) Sue and be sued in its own name, plead and be
5 impleaded. Any and all actions at law or in equity against
6 the commission shall be brought only in the courts in which
7 such actions may be brought against the Commonwealth.
8 (4) Have an official seal.
9 (5) Make necessary rules and regulations for its own
10 government and in control of traffic.
11 (6) Acquire, hold, accept, own, use, hire, lease,
12 exchange, operate and dispose of personal property, real
13 property and interests in real property, and to make and
14 enter into all contracts and agreements necessary or
15 incidental to the performance of its duties and the execution
16 of its powers under this act, and to employ engineering,
17 traffic, architectural and construction experts and
18 inspectors, attorneys, and other employees as may in its
19 judgment be necessary, and fix their compensation.
20 (7) Provide grade separations, at its own expense, with
21 respect to all public roads, State highways and interstate
22 highways intersected by the turnpikes and to change and
23 adjust the lines and grades thereof so as to accommodate the
24 same to the design for such grade separation. The damages
25 incurred in changing and adjusting the lines and grades of
26 public roads, State highways and interstate highways shall be
27 ascertained and paid by the commission in accordance with the
28 act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the
29 Eminent Domain Code. If the commission shall find it
30 necessary to provide a grade separation or change the site of
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1 any portion of any interstate highway, State highway or
2 public road, or vacate the same, it shall cause it to be
3 reconstructed and restored forthwith, at the commission's own
4 proper expense, on the most favorable location and in as
5 satisfactory a manner as the original road, or vacate it, as
6 the case may be. The method of acquiring the right-of-way and
7 determining damages incurred in changing the location of or
8 vacating such road, State highway or interstate highway shall
9 be ascertained and paid for in accordance with the act of
10 June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the Eminent
11 Domain Code.
12 (8) Petition the court of common pleas of the county
13 wherein is situate any public road or part thereof affected
14 by the location therein of the turnpikes, for the vacation,
15 relocation or supply of the same, or any part thereof, with
16 the same force and effect as is now given by existing laws to
17 the inhabitants of any township or such county, and the
18 proceedings upon such petition, whether it be for the
19 appointment of viewers or otherwise, shall be the same as
20 provided by existing law for similar proceedings upon the
21 petitions.
22 (9) Have all of the powers and perform all the duties
23 prescribed by the act of May 21, 1937 (P.L.774, No.211),
24 referred to as the Pennsylvania Turnpike Commission Act.
25 (b) Maintenance to be paid out of tolls.--The turnpike
26 extensions and improvements and the conversion of toll-free
27 roads to toll roads when completed and open to traffic shall be
28 maintained and repaired by and under the control of the
29 commission. All charges and costs for the maintenance and
30 repairs actually expended by the commission shall be paid out of
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1 tolls. The turnpike, the turnpike extensions and improvements
2 and the toll-free roads converted to toll roads shall also be
3 policed and operated by a force of police, toll takers and other
4 operating employees as the commission may, in its discretion,
5 employ.
6 Section 3. The act is amended by adding a section to read:
7 Section 16.1. Electronic toll collection.
8 (a) Liability of owner.--
9 (1) Notwithstanding any other provision of law, if an
10 operator of a vehicle fails to pay the prescribed toll at any
11 location where tolls are collected by means of electronic
12 toll collection, the owner of the vehicle shall be liable to
13 the commission for failure of the operator of the vehicle to
14 comply with this section where the violation is evidenced by
15 information obtained from a violation enforcement system.
16 (2) If a violation of this section is committed, the
17 registration plate number of the vehicle, as recorded by a
18 violation enforcement system, shall establish an inference
19 that the owner of the vehicle was then operating the vehicle.
20 The inference shall be overcome if the owner does all of the
21 following:
22 (i) Testifies that the owner was not operating the
23 vehicle at the time of the violation.
24 (ii) Submits to an examination as to who at the time
25 was operating the vehicle.
26 (iii) Reveals the name and residence address of the
27 operator of the vehicle.
28 (3) If an action or proceeding is commenced in a county
29 other than that of the residence of the owner, a verified
30 written statement setting forth the facts prescribed in
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1 paragraph (2)(i) through (iii) shall suffice to overcome the
2 inference.
3 (4) If the inference is overcome, the operator of the
4 vehicle may be held liable under this section for failure to
5 pay the prescribed toll in the same manner as if the operator
6 were the owner of the vehicle.
7 (b) Imposition of liability.--The liability set forth in
8 subsection (a) shall be imposed upon an owner for a violation of
9 this section or the regulations of the commission occurring
10 within the territorial limits of this Commonwealth. If a
11 violation is committed as evidenced by a violation enforcement
12 system, the following shall apply:
13 (1) The commission or an authorized agent or employee
14 must prepare and mail a notice of violation:
15 (i) The notice of violation must be sent by first
16 class mail to each person alleged to be liable as an
17 owner for a violation of this section. The notice must be
18 mailed to the owner at the address shown on the vehicle
19 registration no later than 60 days after the alleged
20 conduct; except that, if the inference of operation is
21 overcome as prescribed in subsection (b), the notice must
22 be mailed to the alleged operator of the vehicle no later
23 than 60 days after the date the inference is overcome.
24 Personal service shall not be required. A manual or
25 automatic record of mailing prepared in the ordinary
26 course of business shall be prima facie evidence of the
27 mailing of notice.
28 (ii) The notice must contain information advising
29 the person charged of the manner and time in which the
30 liability alleged in the notice may be contested. The
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1 notice must also contain a warning advising the person
2 charged that failure to contest in the manner and time
3 provided shall be deemed an admission of liability and
4 that a default judgment may be entered on the notice.
5 (2) If an owner of a vehicle or an owner who is a lessor
6 of a vehicle receives a notice of violation under this
7 section for any time period during which the vehicle was
8 reported to a police department as having been stolen, it
9 shall be a defense to the allegation of liability that the
10 vehicle had been reported to the police as having been stolen
11 prior to the time the violation occurred and that the vehicle
12 had not been recovered by the time of the violation. For
13 purposes of asserting the defense provided by this
14 subsection, it shall be sufficient that a certified copy of
15 the police report on the stolen vehicle be sent by first
16 class mail to the commission within 30 days after receiving
17 the original notice of violation. Failure to send the
18 information within the 30-day time limit shall render the
19 owner or lessor liable for the penalty prescribed by this
20 section.
21 (3) An owner who is a lessor of a vehicle as to which a
22 notice of violation was issued under paragraph (1) shall not
23 be liable for a violation if the owner sends to the
24 commission a copy of the rental, lease or other such contract
25 document covering the vehicle on the date of the violation,
26 with the name and address of the lessee clearly legible to
27 the commission, within 30 days after receiving the original
28 notice of violation. Failure to send such information within
29 the 30-day time limit shall render the lessor liable for the
30 penalty prescribed by this section. If the lessor complies
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1 with the provisions of this section, the lessee of the
2 vehicle on the date of the violation shall be deemed to be
3 the owner of the vehicle for purposes of this section and
4 shall be subject to liability for the penalty prescribed by
5 this subsection.
6 (4) Except as provided in paragraph (3), if a person
7 receives a notice of violation under this section, it shall
8 be a defense to an allegation of liability that the
9 individual who received the notice of violation pursuant to
10 this section was not the owner of the vehicle at the time the
11 violation occurred.
12 (5) A certified report or a facsimile report of an
13 authorized agent or employee of the commission reporting a
14 violation of this section or regulations of the commission
15 based upon the recorded information obtained from a violation
16 enforcement system shall be prima facie evidence of the facts
17 contained in the report and shall be admissible as an
18 official record kept in the ordinary course of business in
19 any proceeding charging a violation of this section or the
20 toll collection regulations of the commission.
21 (6) Notwithstanding any other provision of law, all
22 videotapes, photographs, microphotographs, other recorded
23 images, written records, reports or facsimiles prepared
24 pursuant to this section shall be for the exclusive use of
25 the commission, its authorized agents, its employees, and law
26 enforcement officials, for the purpose of discharging duties
27 pursuant to this section and the regulations of the
28 commission. The information shall not be deemed a public
29 record under the act of June 21, 1957 (P.L.390, No.212),
30 referred to as the Right-to-Know Law. The information shall
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1 not be discoverable, by court order or otherwise; nor shall
2 it be offered in evidence in any action or proceeding which
3 is not directly related to a violation of this section, the
4 regulations of the commission, or indemnification for
5 liability imposed pursuant to this section. The restrictions
6 set forth in this paragraph shall not be deemed to preclude a
7 court of competent jurisdiction from issuing an order
8 directing that the information be provided to law enforcement
9 officials if the information is reasonably described and is
10 requested solely in connection with a criminal law
11 enforcement action. The restrictions set forth in this
12 paragraph shall not be deemed to preclude the exchange of
13 such information between any entities with jurisdiction over
14 or which operate an electronic toll collection system in this
15 Commonwealth or any other jurisdiction, nor shall it be
16 deemed to prohibit the use of information exclusively for the
17 purpose of billing electronic toll collection account
18 holders, deducting toll charges from the account of an
19 account holder, enforcing toll collection laws and related
20 regulations, or enforcing the provisions of an account holder
21 agreement.
22 (7) An imposition of liability under this section must
23 be based upon a preponderance of evidence. An imposition of
24 liability pursuant to this section shall not be deemed a
25 conviction of an owner and shall not be made part of the
26 motor vehicle operating record of the person upon whom such
27 liability is imposed, nor shall it be considered in the
28 provision of motor vehicle insurance coverage.
29 (8) An owner who shall admit, be found liable, or fail
30 to respond to the notice of violation for a violation of this
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1 section shall be civilly liable to the commission for the
2 amount of the toll evaded or attempted to be evaded, if such
3 amount can be determined, and a reasonable administrative fee
4 not to exceed $35 per notification. If the amount of the toll
5 evaded or attempted to be evaded cannot be determined, that
6 amount shall be deemed to be equal to the maximum toll from
7 the farthest point of entry on the Pennsylvania Turnpike to
8 the actual point of exit.
9 (9) Nothing in this section shall be construed to limit
10 the liability of the operator of a vehicle for any violation
11 of this section or of the regulations of the commission.
12 (c) Placement of electronic toll collection device.--An
13 electronic toll collection device which is affixed to the front
14 windshield of a vehicle in accordance with the regulations of
15 the commission shall not be deemed to constitute a violation of
16 75 Pa.C.S. § 4524 (relating to windshield obstructions and
17 wipers).
18 (d) Privacy of electronic toll collection account holder
19 information.--Notwithstanding any other provision of law, all
20 information kept by the commission, its authorized agents or its
21 employees, which is related to the account of an electronic toll
22 collection system account holder shall be for the exclusive use
23 of the commission, its authorized agents, its employees, and law
24 enforcement officials, for the purpose of discharging their
25 duties pursuant to this section and the regulations of the
26 commission. This information includes names, addresses, account
27 numbers, account balances, personal financial information,
28 vehicle movement records or other information compiled from
29 transactions with such account holders. The information shall
30 not be deemed a public record under the Right-to-Know Law; nor
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1 shall it be discoverable, by court order or otherwise, or be
2 offered in evidence in any action or proceeding which is not
3 directly related to the discharge of duties under this section,
4 the regulations of the commission or a violation of an account
5 holder agreement. The restrictions set forth in this subsection
6 shall not be deemed to preclude a court of competent
7 jurisdiction from issuing an order directing that the
8 information be provided to law enforcement officials if the
9 information is reasonably described and is requested solely in
10 connection with a criminal law enforcement action. The
11 restriction set forth in this subsection shall not be deemed to
12 preclude the exchange of such information between any entities
13 with jurisdiction over or which operate an electronic toll
14 collection system in this Commonwealth or any other
15 jurisdiction, nor shall it be deemed to prohibit the use of the
16 information exclusively for the purpose of billing electronic
17 toll collection account holders, deducting toll charges from the
18 account of an account holder, enforcing toll collection laws and
19 related regulations or enforcing the provisions of an account
20 holder agreement.
21 (e) Definition.--As used in this section, the term "owner"
22 means any person, corporation, firm, partnership, agency,
23 association, organization, or lessor that, at the time a vehicle
24 is operated in violation of this section or regulations of the
25 commission, is the beneficial or equitable owner of the vehicle;
26 has title to the vehicle; is the registrant or co-registrant of
27 the vehicle registered with the Department of Transportation or
28 a comparable agency of another jurisdiction; or uses the vehicle
29 in its vehicle renting or leasing business. The term includes a
30 person entitled to the use and possession of a vehicle subject
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1 to a security interest in another person.
2 Section 4. This act shall take effect immediately.
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