PRIOR PRINTER'S NO. 3728 PRINTER'S NO. 4116
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, BARLEY, MARSICO, RAMOS, SAYLOR,
MICOZZIE AND M. COHEN, JUNE 13, 2000
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 11, 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
1 against the commission to be brought in the courts in which
2 such actions may be brought against the Commonwealth;
3 prescribing conditions on which toll roads shall be turned
4 over to the Department of Transportation; providing for grade
5 separations, grade changes, relocations, restorations and
6 vacations of public roads and State highways affected by the
7 toll roads; providing for the purchasing or condemnation of
8 land and procedure for determining damages in condemnation;
9 granting certain powers and authority to municipalities and
10 agencies of the Commonwealth to cooperate with the
11 commission; conferring powers and imposing duties on the
12 Department of Transportation; authorizing the Secretary of
13 Transportation to enter into negotiations with the United
14 States Department of Transportation, the Federal Highway
15 Administration or any other Federal agency regarding the
16 conversion of toll-free highways constructed in the
17 Commonwealth using Federal funds to toll roads; and
18 authorizing the Secretary of Transportation to enter into
19 agreements on behalf of the Commonwealth and the commission
20 with the United States Department of Transportation, the
21 Federal Highway Administration or any other Federal agency
22 with respect to obtaining Federal funds for resurfacing,
23 restoring, rehabilitating or reconstructing toll roads in
24 Pennsylvania," further providing for definitions and for
25 functions of the Pennsylvania Turnpike Commission; and
26 providing for enforcement related to electronic toll
27 collection.
28 The General Assembly of the Commonwealth of Pennsylvania
29 hereby enacts as follows:
30 Section 1. The definition of "owner" in section 2 of the act
31 of September 30, 1985 (P.L.240, No.61), known as the Turnpike
32 Organization, Extension and Toll Road Conversion Act, is amended
33 and the section is amended by adding definitions to read:
34 Section 2. Definitions.
35 The following words and phrases when used in this act shall
36 have the meanings given to them in this section unless the
37 context clearly indicates otherwise:
38 * * *
39 "Electronic toll collection." A system of collecting tolls
40 or charges that is capable of charging an account holder for the
41 prescribed toll by electronic transmission of information
42 between a device on a vehicle and a device in a toll lane at a
43 toll collection facility.
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1 "Lessee." Any person, corporation, firm, partnership,
2 agency, association or organization that rents, leases or
3 contracts for the use of a vehicle and has exclusive use of the
4 vehicle for any period of time.
5 "Lessor." Any person, corporation, firm, partnership,
6 agency, association or organization engaged in the business of
7 renting or leasing vehicles to any lessee under a rental
8 agreement, lease or other agreement under which the lessee has
9 the exclusive use of the vehicle for any period of time.
10 "Operator." An individual that uses or operates a vehicle
11 with or without the permission of the owner.
12 "Owner." [An] Except as provided in section 16.1(e), an
13 individual, copartnership, association or corporation having any
14 title or interest in any property rights, easements or
15 franchises authorized to be acquired by this act.
16 * * *
17 "Vehicle." As defined in 75 Pa.C.S. § 102 (relating to
18 definitions).
19 "Violation enforcement system." A vehicle sensor, placed in
20 a location to work in conjunction with a toll collection
21 facility, which automatically produces a videotape, or
22 photograph, microphotograph or other recorded image of the rear
23 portion of each vehicle at the time the vehicle is used or
24 operated in violation of the toll collection regulations. This
25 term includes any other technology which identifies a vehicle by
26 photographic, electronic or other method.
27 Section 2. Section 7 of the act is amended to read:
28 Section 7. Commission powers and duties enumerated; payment of
29 maintenance.
30 (a) Powers and duties of commission.--The commission is
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1 authorized to:
2 (1) Maintain a principal office at such place as shall
3 be designated by the commission.
4 (2) Contract and be contracted within its own name.
5 (3) Sue and be sued in its own name, plead and be
6 impleaded. Any and all actions at law or in equity against
7 the commission shall be brought only in the courts in which
8 such actions may be brought against the Commonwealth.
9 (4) Have an official seal.
10 (5) Make necessary rules and regulations for its own
11 government and in control of traffic.
12 (6) Acquire, hold, accept, own, use, hire, lease,
13 exchange, operate and dispose of personal property, real
14 property and interests in real property, and to make and
15 enter into all contracts and agreements necessary or
16 incidental to the performance of its duties and the execution
17 of its powers under this act, and to employ engineering,
18 traffic, architectural and construction experts and
19 inspectors, attorneys, and other employees as may in its
20 judgment be necessary, and fix their compensation.
21 (7) Provide grade separations, at its own expense, with
22 respect to all public roads, State highways and interstate
23 highways intersected by the turnpikes and to change and
24 adjust the lines and grades thereof so as to accommodate the
25 same to the design for such grade separation. The damages
26 incurred in changing and adjusting the lines and grades of
27 public roads, State highways and interstate highways shall be
28 ascertained and paid by the commission in accordance with the
29 act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the
30 Eminent Domain Code. If the commission shall find it
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1 necessary to provide a grade separation or change the site of
2 any portion of any interstate highway, State highway or
3 public road, or vacate the same, it shall cause it to be
4 reconstructed and restored forthwith, at the commission's own
5 proper expense, on the most favorable location and in as
6 satisfactory a manner as the original road, or vacate it, as
7 the case may be. The method of acquiring the right-of-way and
8 determining damages incurred in changing the location of or
9 vacating such road, State highway or interstate highway shall
10 be ascertained and paid for in accordance with the act of
11 June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the Eminent
12 Domain Code.
13 (8) Petition the court of common pleas of the county
14 wherein is situate any public road or part thereof affected
15 by the location therein of the turnpikes, for the vacation,
16 relocation or supply of the same, or any part thereof, with
17 the same force and effect as is now given by existing laws to
18 the inhabitants of any township or such county, and the
19 proceedings upon such petition, whether it be for the
20 appointment of viewers or otherwise, shall be the same as
21 provided by existing law for similar proceedings upon the
22 petitions.
23 (9) Have all of the powers and perform all the duties
24 prescribed by the act of May 21, 1937 (P.L.774, No.211),
25 referred to as the Pennsylvania Turnpike Commission Act.
26 (b) Maintenance to be paid out of tolls.--The turnpike
27 extensions and improvements and the conversion of toll-free
28 roads to toll roads when completed and open to traffic shall be
29 maintained and repaired by and under the control of the
30 commission. All charges and costs for the maintenance and
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1 repairs actually expended by the commission shall be paid out of
2 tolls. The turnpike, the turnpike extensions and improvements
3 and the toll-free roads converted to toll roads shall also be
4 policed and operated by a force of police, toll takers and other
5 operating employees as the commission may, in its discretion,
6 employ.
7 Section 3. The act is amended by adding a section to read:
8 Section 16.1. Electronic toll collection.
9 (a) Liability of owner.--
10 (1) Notwithstanding any other provision of law, if an
11 operator of a vehicle fails to pay the prescribed toll at any
12 location where tolls are collected by means of electronic
13 toll collection, the owner of the vehicle shall be liable to
14 the commission for failure of the operator of the vehicle to
15 comply with this section where the violation is evidenced by
16 information obtained from a violation enforcement system.
17 (2) If a violation of this section is committed, the
18 registration plate number of the vehicle, as recorded by a
19 violation enforcement system, shall establish an inference
20 that the owner of the vehicle was then operating the vehicle.
21 The inference shall be overcome if the owner does all of the
22 following:
23 (i) Testifies that the owner was not operating the
24 vehicle at the time of the violation.
25 (ii) Submits to an examination as to who at the time
26 was operating the vehicle.
27 (iii) Reveals the name and residence address, IF <--
28 KNOWN, of the operator of the vehicle.
29 (3) If an action or proceeding is commenced in a county
30 other than that of the residence of the owner, a verified
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1 written statement setting forth the facts prescribed in
2 paragraph (2)(i) through (iii) shall suffice to overcome the
3 inference.
4 (4) If the inference is overcome, the operator of the
5 vehicle may be held liable under this section for failure to
6 pay the prescribed toll in the same manner as if the operator
7 were the owner of the vehicle.
8 (b) Imposition of liability.--The liability set forth in
9 subsection (a) shall be imposed upon an owner for a violation of
10 this section or the regulations of the commission occurring
11 within the territorial limits of this Commonwealth. If a
12 violation is committed as evidenced by a violation enforcement
13 system, the following shall apply:
14 (1) The commission or an authorized agent or employee
15 must prepare and mail a notice of violation:
16 (i) The notice of violation must be sent by first
17 class mail to each person alleged to be liable as an
18 owner for a violation of this section. The notice must be
19 mailed to the owner at the address shown on the vehicle
20 registration no later than 60 days after the alleged
21 conduct; except that, if the inference of operation is
22 overcome as prescribed in subsection (b) (A), the notice <--
23 must be mailed to the alleged operator of the vehicle no
24 later than 60 days after the date the inference is
25 overcome. Personal service shall not be required. A
26 manual or automatic record of mailing prepared in the
27 ordinary course of business shall be prima facie evidence
28 of the mailing of notice.
29 (ii) The notice must contain information advising
30 the person charged of the manner and time in which the
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1 liability alleged in the notice may be contested. The
2 notice must also contain a warning advising the person
3 charged that failure to contest in the manner and time
4 provided shall be deemed an admission of liability and
5 that a default judgment may be entered on the notice.
6 (2) If an owner of a vehicle or an owner who is a lessor
7 of a vehicle receives a notice of violation under this
8 section for any time period during which the vehicle was
9 reported to a police department as having been stolen, it
10 shall be a defense to the allegation of liability that the
11 vehicle had been reported to the police as having been stolen
12 prior to the time the violation occurred and that the vehicle
13 had not been recovered by the time of the violation. For
14 purposes of asserting the defense provided by this
15 subsection, it shall be sufficient that a certified copy of
16 the police report on the stolen vehicle be sent by first
17 class mail to the commission within 30 days after receiving
18 the original notice of violation. Failure to send the
19 information within the 30-day time limit shall render the
20 owner or lessor liable for the penalty prescribed by this
21 section.
22 (3) An owner who is a lessor of a vehicle as to which a
23 notice of violation was issued under paragraph (1) shall not
24 be liable for a violation if the owner sends to the
25 commission a copy of the rental, lease or other such contract
26 document covering the vehicle on the date of the violation,
27 with the name and address of the lessee clearly legible to
28 the commission, within 30 days after receiving the original
29 notice of violation. Failure to send such information within
30 the 30-day time limit shall render the lessor liable for the
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1 penalty prescribed by this section. If the lessor complies
2 with the provisions of this section, the lessee of the
3 vehicle on the date of the violation shall be deemed to be
4 the owner of the vehicle for purposes of this section and
5 shall be subject to liability for the penalty prescribed by
6 this subsection.
7 (4) Except as provided in paragraph (3), if a person <--
8 receives a notice of violation under this section, it shall
9 be a defense to an allegation of liability that the
10 individual who received the notice of violation pursuant to
11 this section was not the owner of the vehicle at the time the
12 violation occurred.
13 (5) (4) A certified report or a facsimile report of an <--
14 authorized agent or employee of the commission reporting a
15 violation of this section or regulations of the commission
16 based upon the recorded information obtained from a violation
17 enforcement system shall be prima facie evidence of the facts
18 contained in the report and shall be admissible as an
19 official record kept in the ordinary course of business in
20 any proceeding charging a violation of this section or the
21 toll collection regulations of the commission.
22 (6) (5) Notwithstanding any other provision of law, all <--
23 videotapes, photographs, microphotographs, other recorded
24 images, written records, reports or facsimiles prepared
25 pursuant to this section shall be for the exclusive use of
26 the commission, its authorized agents, its employees, and law
27 enforcement officials, for the purpose of discharging duties
28 pursuant to this section and the regulations of the
29 commission. The information shall not be deemed a public
30 record under the act of June 21, 1957 (P.L.390, No.212),
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1 referred to as the Right-to-Know Law. The information shall
2 not be discoverable, by court order or otherwise; nor shall
3 it be offered in evidence in any action or proceeding which
4 is not directly related to a violation of this section, the
5 regulations of the commission, or indemnification for
6 liability imposed pursuant to this section. The restrictions
7 set forth in this paragraph shall not be deemed to preclude a
8 court of competent jurisdiction from issuing an order
9 directing that the information be provided to law enforcement
10 officials if the information is reasonably described and is
11 requested solely in connection with a criminal law
12 enforcement action. The restrictions set forth in this
13 paragraph shall not be deemed to preclude the exchange of
14 such information between any entities with jurisdiction over
15 or which operate an electronic toll collection system in this
16 Commonwealth or any other jurisdiction, nor shall it be
17 deemed to prohibit the use of information exclusively for the
18 purpose of billing electronic toll collection account
19 holders, deducting toll charges from the account of an
20 account holder, enforcing toll collection laws and related
21 regulations, or enforcing the provisions of an account holder
22 agreement.
23 (7) (6) An imposition of liability under this section <--
24 must be based upon a preponderance of evidence. An imposition
25 of liability pursuant to this section shall not be deemed a
26 conviction of an owner and shall not be made part of the
27 motor vehicle operating record of the person upon whom such
28 liability is imposed, nor shall it be considered in the
29 provision of motor vehicle insurance coverage.
30 (8) (7) An owner who shall admit, be found liable, or <--
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1 fail to respond to the notice of violation for a violation of
2 this section shall be civilly liable to the commission for
3 the amount of the toll evaded or attempted to be evaded, if
4 such amount can be determined, and a reasonable
5 administrative fee not to exceed $35 per notification. If the
6 amount of the toll evaded or attempted to be evaded cannot be
7 determined, that amount shall be deemed to be equal to the
8 maximum toll from the farthest point of entry on the
9 Pennsylvania Turnpike to the actual point of exit.
10 (9) (8) Nothing in this section shall be construed to <--
11 limit the liability of the operator of a vehicle for any
12 violation of this section or of the regulations of the
13 commission.
14 (c) Placement of electronic toll collection device.--An
15 electronic toll collection device which is affixed to the front
16 windshield of a vehicle in accordance with the regulations of
17 the commission shall not be deemed to constitute a violation of
18 75 Pa.C.S. § 4524 (relating to windshield obstructions and
19 wipers).
20 (d) Privacy of electronic toll collection account holder
21 information.--Notwithstanding any other provision of law, all
22 information kept by the commission, its authorized agents or its
23 employees, which is related to the account of an electronic toll
24 collection system account holder shall be for the exclusive use
25 of the commission, its authorized agents, its employees, and law
26 enforcement officials, for the purpose of discharging their
27 duties pursuant to this section and the regulations of the
28 commission. This information includes names, addresses, account
29 numbers, account balances, personal financial information,
30 vehicle movement records or other information compiled from
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1 transactions with such account holders. The information shall
2 not be deemed a public record under the Right-to-Know Law; nor
3 shall it be discoverable, by court order or otherwise, or be
4 offered in evidence in any action or proceeding which is not
5 directly related to the discharge of duties under this section,
6 the regulations of the commission or a violation of an account
7 holder agreement. The restrictions set forth in this subsection
8 shall not be deemed to preclude a court of competent
9 jurisdiction from issuing an order directing that the
10 information be provided to law enforcement officials if the
11 information is reasonably described and is requested solely in
12 connection with a criminal law enforcement action. The
13 restriction set forth in this subsection shall not be deemed to
14 preclude the exchange of such information between any entities
15 with jurisdiction over or which operate an electronic toll
16 collection system in this Commonwealth or any other
17 jurisdiction, nor shall it be deemed to prohibit the use of the
18 information exclusively for the purpose of billing electronic
19 toll collection account holders, deducting toll charges from the
20 account of an account holder, enforcing toll collection laws and
21 related regulations or enforcing the provisions of an account
22 holder agreement.
23 (e) Definition.--As used in this section, the term "owner"
24 means any person, corporation, firm, partnership, agency,
25 association, organization, or lessor that, at the time a vehicle
26 is operated in violation of this section or regulations of the
27 commission, is the beneficial or equitable owner of the vehicle;
28 has title to the vehicle; is the registrant or co-registrant of
29 the vehicle registered with the Department of Transportation or
30 a comparable agency of another jurisdiction; or uses the vehicle
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1 in its vehicle renting or leasing business. The term includes a
2 person entitled to the use and possession of a vehicle subject
3 to a security interest in another person.
4 Section 4. This act shall take effect immediately.
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