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. 20000H2623B4116 - 2 -
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 20000H2623B4116 - 3 -
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 20000H2623B4116 - 5 -
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 20000H2623B4116 - 6 -
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 20000H2623B4116 - 7 -
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 20000H2623B4116 - 8 -
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), 20000H2623B4116 - 9 -
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 <-- 20000H2623B4116 - 10 -
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 20000H2623B4116 - 11 -
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 20000H2623B4116 - 12 -
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. F8L36VDL/20000H2623B4116 - 13 -