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, 20000H2623B3728 - 2 -
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: 20000H2623B3728 - 3 -
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 20000H2623B3728 - 5 -
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 20000H2623B3728 - 6 -
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 20000H2623B3728 - 7 -
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 20000H2623B3728 - 8 -
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 20000H2623B3728 - 9 -
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 20000H2623B3728 - 10 -
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 20000H2623B3728 - 11 -
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 20000H2623B3728 - 12 -
1 to a security interest in another person.
2 Section 4. This act shall take effect immediately.
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