(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 provided 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 that
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 a proceeding except to determine liability under
this section. The restrictions provided 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. The department or the Pennsylvania
Turnpike Commission shall retain evidence that the records
have been destroyed in accordance with this section.
(4) Notwithstanding any other provision of law,
registered vehicle owner information obtained as a result of
the operation of an automated speed enforcement system under
this section shall be the exclusive property of the
Commonwealth and not the property of the manufacturer or
vendor of the automated speed enforcement system and may not
be used for a purpose other than prescribed in this section.
(5) Intentional misuse of automated speed enforcement
system images and records contrary to the provisions of this
subsection shall constitute a $500 fine.
(g) Defenses.--
(1) It shall be a defense to a violation under this
section that the vehicle was reported to a police department
as stolen prior to the time the violation occurred and was
not recovered prior to that time.
2018/90DMS/HB1646A07200 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51