PRINTER'S NO. 2076
No. 1485 Session of 2000
INTRODUCED BY HUGHES, MELLOW, TARTAGLIONE AND KUKOVICH,
JUNE 15, 2000
REFERRED TO TRANSPORTATION, JUNE 15, 2000
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 pursuant to this
12 section, the owner of the vehicle shall be liable for the
13 penalty imposed, unless the owner is convicted of the same
14 violation under another section of this title or has a valid
15 defense under subsection (f).
16 (c) Certificate as evidence.--A certificate, or a facsimile
17 thereof, 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 facts contained therein. Any photographs
22 or 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 under subsection
26 (a) shall be a fine of $150, unless a lesser amount is set by
27 local ordinance. The fine shall be payable to the local
28 authority. Penalties imposed under this section shall not be
29 deemed a criminal conviction, and shall not be made part of the
30 operating record under section 1535 (relating to schedule of
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1 convictions and points) of the person upon whom the penalty is
2 imposed, nor shall the imposition of the penalty be subject to
3 merit rating for insurance purposes. No surcharge points shall
4 be imposed in the provision of motor vehicle insurance coverage.
5 Fines collected under this section shall not be subject to 42
6 Pa.C.S. § 3571 (relating to Commonwealth portion of fines, etc.)
7 or 3573 (relating to municipal corporation portion of fines,
8 etc.).
9 (e) Limitation.--No traffic-control signal violation-
10 monitoring system shall be utilized in such a manner as to take
11 a frontal view photograph of the vehicle as evidence of having
12 committed a violation.
13 (f) Defense.--
14 (1) If an owner receives a notice of violation pursuant
15 to this section for any time period during which the vehicle
16 was reported to a police department of any state or
17 municipality as having been stolen, it shall be a valid
18 defense to a violation pursuant to this section that the
19 vehicle has been reported to a police department as stolen
20 prior to the time the violation occurred and had not been
21 recovered prior to that time.
22 (2) It shall be a valid defense to a violation under
23 this section that the person receiving the notice of
24 violation was not the owner of the vehicle at the time of the
25 offense.
26 (g) Department approval.--No traffic-control signal
27 violation-monitoring system may be used without the approval of
28 the department, which shall have the authority to promulgate
29 regulations for the certification and use of such systems.
30 (h) Power of local authority.--A local authority may hire
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1 and designate personnel as may be necessary or contract for
2 services to implement this section.
3 (i) Duty of local authority.--When a local authority elects
4 to implement this section, the following provisions shall apply:
5 (1) The local authority shall designate or appoint a
6 system administrator to supervise and coordinate the
7 administration of notices of violation issued pursuant to
8 this section.
9 (2) It shall be the duty of the system administrator to
10 issue a notice of violation to the registered owner of any
11 vehicle identified in any photographs or microphotographs
12 produced by a traffic-control signal violation-monitoring
13 system as evidence of a violation of section 3112(a)(3). The
14 notice of violation shall have attached to it a copy of the
15 recorded image showing the vehicle, the registration number
16 and state of issuance of the vehicle registration, the date,
17 time and place of the alleged violation, that the violation
18 charged is of section 3112(a)(3), and instructions for return
19 of the notice of violation. The text of the notice shall be
20 as follows:
21 This notice may be returned personally, by mail, or
22 by agent duly authorized in writing. A hearing may be
23 obtained upon the written request of the registered
24 owner in writing. Failure to obey this notice within
25 30 days of issue may result in the nonrenewal or
26 suspension of your license to operate a motor vehicle
27 and your certificate of registration.
28 (j) Notice to owner.--In the case of a violation involving a
29 motor vehicle registered under the laws of this Commonwealth,
30 the notice of violation shall be mailed within 14 days of the
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1 violation, exclusive of Sundays and holidays, to the address of
2 the registered owner as listed in the records of the department.
3 In the case of motor vehicles registered in jurisdictions other
4 than this Commonwealth, the notice of violation shall be mailed
5 within 21 days of the violation, exclusive of Sundays and
6 holidays, to the address of the registered owner as listed in
7 the records of the official in the jurisdiction having charge of
8 the registration of the vehicle.
9 (k) Mailing of notice; records.--Notices of violation shall
10 be sent by first class mail. A manual or automatic record of
11 mailing prepared by the system administrator in the ordinary
12 course of business shall be prima facie evidence thereof, and
13 shall be admissible in any judicial or administrative proceeding
14 as to the facts contained therein.
15 (l) Payment of fine.--An owner to whom a notice of violation
16 has been issued may admit responsibility for the violation and
17 pay the fine provided therein. Payment shall be make personally,
18 or through an authorized agent, or by mailing both payment and
19 the notice of violation to the system administrator. Payment by
20 mail shall be made only by money order, credit card or check
21 made payable to the local authority. Payment of the established
22 fine and any applicable penalties shall operate as a final
23 disposition of the case.
24 (m) Hearing.--An owner to whom a notice of violation has
25 been issued may, within 30 days of the mailing of the notice,
26 request a hearing to contest the liability alleged in the
27 notice. A hearing request shall be made by appearing before the
28 system administrator during regular office hours, either
29 personally or by duly authorized agent, or by mailing a request
30 in writing. Upon receipt of a hearing request, the system
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1 administrator shall schedule in a timely manner the matter
2 before a hearing officer. The hearing officer shall be
3 designated by the local authority. Written notice of the date,
4 time and place of hearing shall be sent by first class mail to
5 the owner. The hearing shall be informal, the rules of evidence
6 shall not apply and the decision of the hearing officer shall be
7 final, subject to the right of the owner to appeal the decision
8 to the appropriate district justice or traffic court. If the
9 owner requests in writing that the decision of the hearing
10 officer be appealed to the district justice or traffic court,
11 the system administrator shall file the notice of violation and
12 supporting documents with the district justice or traffic court,
13 which shall hear and decide the matter de novo.
14 (n) Failure to act; adjudication.--If the owner to whom a
15 notice of violation has been issued fails to pay a fine due
16 under this section, the system administrator shall notify the
17 department. Upon receipt of two or more notices under this
18 subsection, the department shall not issue or renew or may
19 suspend the owner's operator's license or vehicle registration
20 until after notification from the system administrator that all
21 fines and penalties owed by the owner pursuant to this section
22 have been paid. Upon notification to the department, an
23 additional charge of $20 payable to the department, but
24 collected by the local authority, and an additional charge of
25 $20 payable to the local authority shall be assessed against the
26 owner. It shall be the duty of the system administrator to
27 notify the department in a timely manner that a case has been
28 disposed. A certified receipt of full and final payment from the
29 local authority issuing the violation shall serve as notice to
30 the department that the violation has been disposed of in
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1 accordance with law. The certified receipt shall be printed in
2 such form as the department may approve.
3 Section 3. This act shall take effect in 90 days.
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