PRINTER'S NO. 1257
No. 1010 Session of 2001
INTRODUCED BY HUGHES, MELLOW, MOWERY, MADIGAN, COSTA, CONTI, KITCHEN, LAVALLE, WOZNIAK, KUKOVICH, LOGAN AND STOUT, JUNE 21, 2001
REFERRED TO TRANSPORTATION, JUNE 21, 2001
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, providing for violation detection devices 3 authorized for local authorities. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 102 of Title 75 of the Pennsylvania 7 Consolidated Statutes is amended by adding a definition to read: 8 § 102. Definitions. 9 Subject to additional definitions contained in subsequent 10 provisions of this title which are applicable to specific 11 provisions of this title, the following words and phrases when 12 used in this title shall have, unless the context clearly 13 indicates otherwise, the meanings given to them in this section: 14 * * * 15 "Traffic-control signal violation-monitoring system." A 16 vehicle sensor installed to work in conjunction with a traffic- 17 control signal which automatically produces one or more 18 photographs or microphotographs of any vehicle at the time the
1 vehicle is used or operated in a manner which is a violation 2 under this title. 3 * * * 4 Section 2. Title 75 is amended by adding a section to read: 5 § 3112.1. Violation detection devices authorized for local 6 authorities. 7 (a) General rule.--A local authority is authorized to 8 enforce section 3112(a)(3) (relating to traffic-control signals) 9 by recording violations using a traffic-control signal 10 violation-monitoring system approved by the department. 11 (b) Owner liability.--For each violation of section 12 3112(a)(3) detected pursuant to this section, the owner of the 13 vehicle shall be liable for the penalty imposed, unless the 14 owner is convicted of the same violation under another section 15 of this title or has a valid defense under subsection (f). 16 (c) Certificate as evidence.--A certificate, or a reasonable 17 facsimile, based upon inspection of photographs or 18 microphotographs produced by a traffic-control signal violation- 19 monitoring system and sworn to or affirmed by a police officer 20 or technician employed by the local authority, shall be prima 21 facie evidence of the detected violation. Photographs or 22 microphotographs evidencing a violation of section 3112(a)(3) 23 shall be admissible in any judicial or administrative proceeding 24 to adjudicate the liability for the violation. 25 (d) Penalty.--The penalty for a violation of section 26 3112(a)(3) detected under subsection (a) shall be a fine of 27 $100, unless a different amount is set by local ordinance. The 28 fine shall be payable to the local authority. Penalties imposed 29 under this section shall not be deemed a criminal conviction and 30 shall not be made part of the operating record under section 20010S1010B1257 - 2 -
1 1535 (relating to schedule of convictions and points) of the 2 person upon whom the penalty is imposed, nor shall the 3 imposition of the penalty be subject to merit rating for 4 insurance purposes. No surcharge points shall be imposed in the 5 provision of motor vehicle insurance coverage. Fines collected 6 under this section shall not be subject to 42 Pa.C.S. § 3571 7 (relating to Commonwealth portion of fines, etc.) or 3573 8 (relating to municipal corporation portion of fines, etc.). 9 (e) Limitation.--A front view photograph of a vehicle may 10 not be used as evidence of having committed a violation of 11 section 3112(a)(3). 12 (f) Defenses.-- 13 (1) If an owner receives a notice of violation under 14 this section for any time period during which the vehicle was 15 reported to a police department of any state or municipality 16 as having been stolen, it shall be a valid defense that the 17 vehicle has been reported stolen prior to the time the 18 violation occurred and had not been recovered before the 19 violation occurred. In order to demonstrate that the vehicle 20 was stolen before the violation occurred and was not under 21 the control or possession of the owner at the time of the 22 violation, the owner must submit proof that the police report 23 was filed in a timely manner. 24 (2) It shall be a valid defense to a violation under 25 this section that the person receiving the notice of 26 violation was not the owner of the vehicle at the time of the 27 offense. 28 (3) To satisfy the evidentiary burden under this 29 subsection, the person named in the citation shall provide to 30 the satisfaction of the court proof of who was operating the 20010S1010B1257 - 3 -
1 vehicle at the time of the violation, including, at a 2 minimum, the operator's name and current address. 3 (4) (i) The provisions of this paragraph apply only to 4 a citation that involves a Class E (truck) vehicle with a 5 registered gross weight of 26,001 pounds or more, Class F 6 (tractor) vehicle, Class G (trailer) vehicle operated in 7 combination with a Class F (tractor) vehicle and Class P 8 (passenger bus) vehicle. 9 (ii) To satisfy the evidentiary burden under this 10 paragraph, the person named in a citation described under 11 subparagraph (i) may provide to the district court a 12 letter, sworn to or affirmed by the person and mailed by 13 certified mail, return receipt requested, that: 14 (A) states that the person named in the citation 15 was not operating the vehicle at the time of the 16 violation; and 17 (B) provides the name, address and driver's 18 licenses identification number of the person who was 19 operating the vehicle at the time of the violation. 20 (5) (i) If the district court finds that the person 21 named in the citation was not operating the vehicle at 22 the time of the violation or receives evidence under 23 paragraph (4)(ii)(B) identifying the person driving the 24 vehicle at the time of the violation, the clerk of the 25 court shall provide to the agency issuing the citation a 26 copy of any evidence substantiating who was operating the 27 vehicle at the time of the violation. 28 (ii) Upon receipt of substantiating evidence from 29 the district court under subparagraph (i), an agency may 30 issue a citation as provided in subsection (d) to the 20010S1010B1257 - 4 -
1 person that the evidence indicates was operating the 2 vehicle at the time of the violation. 3 (g) Department approval.--No traffic-control signal 4 violation-monitoring system may be used without the approval of 5 the department, which shall have the authority to promulgate 6 regulations for the certification and use of such systems. 7 (h) Power of local authority.--A local authority may hire 8 and designate personnel as may be necessary or contract for 9 services to implement this section. 10 (i) Duty of local authority.--When a local authority elects 11 to implement this section, the following provisions shall apply: 12 (1) The local authority shall designate or appoint a 13 system administrator to supervise and coordinate the 14 administration of notices of violation issued pursuant to 15 this section. 16 (2) It shall be the duty of the system administrator to 17 issue a notice of violation to the registered owner of any 18 vehicle identified in any photographs or microphotographs 19 produced by a traffic-control signal violation-monitoring 20 system as evidence of a violation of section 3112(a)(3). The 21 notice of violation shall have attached to it a copy of the 22 recorded image showing the vehicle, the registration number 23 and state of issuance of the vehicle registration, the date, 24 time and place of the alleged violation, that the violation 25 charged is of section 3112(a)(3), and instructions for return 26 of the notice of violation. The text of the notice shall be 27 as follows: 28 This notice may be returned personally, by mail, or 29 by agent duly authorized in writing. A hearing may be 30 obtained upon the written request of the registered 20010S1010B1257 - 5 -
1 owner in writing. Failure to obey this notice within 2 30 days of issue may result in the nonrenewal of your 3 certificate of registration. 4 (j) Notice to owner.--In the case of a violation involving a 5 motor vehicle registered under the laws of this Commonwealth, 6 the notice of violation shall be mailed within 14 days of the 7 violation, exclusive of Sundays and holidays, to the address of 8 the registered owner as listed in the records of the department. 9 In the case of motor vehicles registered in jurisdictions other 10 than this Commonwealth, the notice of violation shall be mailed 11 within 21 days of the violation, exclusive of Sundays and 12 holidays, to the address of the registered owner as listed in 13 the records of the official in the jurisdiction having charge of 14 the registration of the vehicle. 15 (k) Mailing of notice; records.--Notices of violation shall 16 be sent by first class mail. A manual or automatic record of 17 mailing prepared by the system administrator in the ordinary 18 course of business shall be prima facie evidence thereof, and 19 shall be admissible in any judicial or administrative proceeding 20 as to the facts contained therein. 21 (l) Payment of fine.--An owner to whom a notice of violation 22 has been issued may admit responsibility for the violation and 23 pay the fine provided therein. Payment shall be made personally, 24 or through an authorized agent, or by mailing both payment and 25 the notice of violation to the system administrator. Payment by 26 mail shall be made only by money order, credit card or check 27 made payable to the local authority. Payment of the established 28 fine and any applicable penalties shall operate as a final 29 disposition of the case. 30 (m) Hearing.--An owner to whom a notice of violation has 20010S1010B1257 - 6 -
1 been issued may, within 30 days of the mailing of the notice, 2 request a hearing to contest the liability alleged in the 3 notice. A hearing request shall be made by appearing before the 4 system administrator during regular office hours, either 5 personally or by duly authorized agent, or by mailing a request 6 in writing. Upon receipt of a hearing request, the system 7 administrator shall schedule in a timely manner the matter 8 before a hearing officer. The hearing officer shall be 9 designated by the local authority. Written notice of the date, 10 time and place of hearing shall be sent by first class mail to 11 the owner. The hearing shall be informal, the rules of evidence 12 shall not apply and the decision of the hearing officer shall be 13 final, subject to the right of the owner to appeal the decision 14 to the appropriate district justice or traffic court. If the 15 owner requests in writing that the decision of the hearing 16 officer be appealed to the district justice or traffic court, 17 the system administrator shall file the notice of violation and 18 supporting documents with the district justice or traffic court, 19 which shall hear and decide the matter de novo. 20 (n) Failure to act; adjudication.--If the owner to whom a 21 notice of violation has been issued fails to pay a fine due 22 under this section, the system administrator shall notify the 23 department. Upon receipt of two or more notices under this 24 subsection, the department shall not issue or renew the vehicle 25 registration until after notification from the system 26 administrator that all fines and penalties owed by the owner 27 pursuant to this section have been paid. Upon notification to 28 the department, an additional charge of $20 payable to the 29 department, but collected by the local authority, and an 30 additional charge of $20 payable to the local authority shall be 20010S1010B1257 - 7 -
1 assessed against the owner. It shall be the duty of the system 2 administrator to notify the department in a timely manner that a 3 case has been disposed. A certified receipt of full and final 4 payment from the local authority issuing the violation shall 5 serve as notice to the department that the violation has been 6 disposed of in accordance with law. The certified receipt shall 7 be printed in such form as the department may approve. 8 Section 3. This act shall take effect in 60 days. F13L75JAM/20010S1010B1257 - 8 -