Amendment 3319 to House Bill 1284 P.N. 2188, Regular Session 2023-2024

H1284B2188A03319 NAD:EJH 12/12/23 #90 A03319

AMENDMENTS TO HOUSE BILL NO. 1284

Sponsor: SENATOR LANGERHOLC

Printer's No. 2188

Amend Bill, page 1, lines 9 through 13, by striking out all

of said lines and inserting

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in rules of the road in general, further providing

for automated enforcement of failure to stop for school bus

with flashing red lights, for automated speed enforcement

systems in active work zones and for pilot program for

automated speed enforcement system on designated highway and

providing for automated speed enforcement study and for pilot

program for automated speed enforcement systems in designated

school zones; and imposing a penalty.

Amend Bill, page 36, lines 29 and 30; page 37, lines 1

through 11; by striking out all of said lines on said pages and

inserting

Section 1. Section 3345.1(e)(4), (f)(3), (i.2)(1), (2)(v)

and (3)(i), (ii) and (iii), (i.3)(3) and (i.4)(4) of Title 75 of

the Pennsylvania Consolidated Statutes, amended October 23, 2023

(P.L.134, No.19), are amended to read:

§ 3345.1. Automated enforcement of failure to stop for school

bus with flashing red lights.

* * *

(e) Limitations.--

* * *

(4) Notwithstanding any other provision of law,

[registered] motor vehicle owner information obtained as a

result of the operation of a side stop signal arm enforcement

system shall not be the property of the school entity, system

administrator on the school entity's behalf or contracted

company that provides pupil transportation and may not be

used for any purpose other than prescribed in this section.

* * *

(f) Defenses.--

(3) It shall be a defense to a violation under this

section that the owner of the motor vehicle named in the

notice of the violation was not [operating] driving the motor

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vehicle at the time of the violation. The owner may be

required to submit evidence that the owner was not the driver

at the time of the alleged violation. The owner [of the motor

vehicle] may not be required to disclose the identity of the

[operator] driver of the motor vehicle at the time of the

violation.

* * *

(i.2) Notice of violation.--

(1) Upon certification from a primary police department

that a violation of this section has occurred as required by

subsection (h.2), a school entity, or a system administrator

on the school entity's behalf, shall initiate an action to

enforce this section by sending an administrative notice of

violation to the [registered] owner of the motor vehicle

identified by a side stop signal arm enforcement system as

violating this section.

(2) The notice of violation shall include all of the

following:

* * *

(v) Notice that the owner of the motor vehicle is

charged with a violation of this section.

* * *

(3) A notice of violation shall be sent by first class

mail as follows:

(i) In the case of a violation involving a motor

vehicle [registered under] subject to the laws of this

Commonwealth, the notice of violation must be mailed

within 30 days after the commission of the violation or

within 30 days after the discovery of the identity of the

[registered] owner, whichever is later, and not

thereafter to the address of the [registered] owner

listed in the records of the department.

(ii) In the case of motor vehicles [registered in]

from jurisdictions other than this Commonwealth, the

notice of violation must be mailed within 30 days after

the discovery of the identity of the [registered] owner

and not thereafter to the address of the [registered]

owner as listed in the records of the official in the

jurisdiction having charge of the registration of the

motor vehicle.

(iii) A notice of violation under this section shall

be invalid unless provided to the [registered] owner

within 90 days of the commission of the violation.

* * *

(i.3) Payment of fine.--Payment of the fine shall be as

follows:

* * *

(3) If payment is not received within 90 days of the

mailing date of the notice of violation, the school entity,

or a system administrator on the school entity's behalf, may

request an applicable credit collection agency to resolve the

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payment amount owed.

(i.4) Contest of violation.--The procedure for contesting a

violation of this section shall be as follows:

* * *

(4) If, within 45 days of issuance of the decision of

the department's hearing officer, the owner of the motor

vehicle requests in writing an appeal of the decision of the

department's hearing officer, [the school entity, or the

system administrator on the school entity's behalf,] the

owner shall file the notice of violation and supporting

documents with the office of the magisterial district judge

for the magisterial district where the violation occurred. A

magisterial district judge shall hear and decide the matter

de novo and shall be restricted to finding an owner liable or

not liable for violating this section and shall not assign

damages to an owner or otherwise impose penalties on primary

police departments, police officers, school entities, system

administrators or other persons involved in the appeal

process[.], except as otherwise provided under 42 Pa.C.S. §

1726 (relating to establishment of taxable costs), which may

only be assessed to the school entity or system administrator

on the school entity's behalf.

* * *

Section 2. Section 3369(b), (c.1), (d)(1), (2), (3), (4) and

(5), (e), (f), (g), (h)(1), (3) and (4), (i), (j) and (k) of

Title 75 are amended to read:

§ 3369. Automated speed enforcement systems in active work

zones.

* * *

(b) Applicability.--This section shall apply to Federal aid

highways only under the jurisdiction of the department and the

Pennsylvania Turnpike Commission. An automated speed enforcement

system may not be used unless:

(1) At least two appropriate warning signs are

conspicuously placed before the active work zone notifying

the public that an automated speed enforcement [device]

system is in use.

(2) [At least one of the signs indicates if the

automated speed enforcement system is active or not active.]

The first warning sign under paragraph (1) shall:

(i) Be the largest size available in conformance

with Federal regulations, unless the department or the

Pennsylvania Turnpike Commission determines that a

smaller size is necessary to ensure the safety of the

work zone.

(ii) Clearly and accurately indicate if the

automated speed enforcement system is active and in use.

(iii) Be placed at least 1,000 feet before the

active work zone, unless the department or the

Pennsylvania Turnpike Commission determines that a lesser

distance is necessary to ensure the safety of the work

2023/90NAD/HB1284A03319 - 3 -

zone, comply with Federal regulations or provide adequate

traffic control in the work zone and is capable of

providing the most advanced notification as practical.

(iv) Be followed immediately by the posted speed

limit of the active work zone and prior to the placement

of the automated speed enforcement system.

(3) An appropriate sign is conspicuously placed in the

middle, if appropriate, and at the end of the active work

zone.

(3.1) The posted speed limit of the active work zone is

placed at an appropriate location within the active work zone

to provide adequate notice to drivers.

(4) A notice identifying the location of the specific

highway segment where the automated speed enforcement system

is in use and posted at the active work zone and on the

department's or Pennsylvania Turnpike Commission's publicly

accessible Internet website. The notice on the websites shall

remain throughout the period of use.

* * *

(c.1) Owner liability.--For each violation under this

section, the owner of the motor vehicle shall be liable for the

penalty imposed unless the owner is convicted of the same

violation under another provision of this title or has a defense

under subsection (g). For the purposes of this section, the

lessee of a leased vehicle shall be considered the owner of a

motor vehicle.

(d) Notice of violation.--

(1) (i) An action to enforce this section shall be

initiated by an administrative notice of violation to the

[registered] owner of a motor vehicle identified by an

automated speed enforcement system as violating this

section. A notice of violation based upon inspection of

recorded images produced by an automated speed

enforcement system and sworn or affirmed by an authorized

member of the Pennsylvania State Police shall be prima

facie evidence of the facts contained in the notice. The

Pennsylvania State Police shall receive certification

from the department, the Pennsylvania Turnpike Commission

or the system administrator when an automated speed

enforcement system is active in accordance with

subsection (b).

(ii) The notice of violation must include written

verification that the automated speed enforcement system

was operating correctly at the time of the alleged

violation and the date of the most recent inspection that

confirms the automated speed enforcement system to be

operating properly.

(iii) An automated speed enforcement system operator

shall complete training offered by the manufacturer or

vendor of the automated speed enforcement system,

including training on any devices critical to the

2023/90NAD/HB1284A03319 - 4 -

operation of the system, or the manufacturer's or

vendor's representative in the procedures for setting up,

testing and operating an automated speed enforcement

system. Upon completion of the training, the manufacturer

or vendor or manufacturer's or vendor's representative

shall issue a signed certificate to the automated speed

enforcement system [device] operator, which shall be

admitted as evidence in any court proceeding for a

violation involving an automated speed enforcement system

[device]. An automated speed enforcement system [device]

operator shall fill out and sign a daily log for an

automated speed enforcement system, which:

(A) states the date, time and location of the

[device] system setup;

(B) states that the automated speed enforcement

system [device] operator successfully performed and

the automated speed enforcement system [device]

passed the self-tests specified by the manufacturer

or vendor of the automated speed enforcement system

[device];

(D) shall be admitted in any proceeding for a

violation involving an automated speed enforcement

system [device].

(iv) An automated speed enforcement system [device]

shall undergo an annual calibration check performed by a

calibration laboratory. The calibration laboratory shall

issue a signed certificate of calibration after the

annual calibration check, which shall be kept on file and

shall be admitted as evidence in any proceeding for a

violation involving an automated speed enforcement system

[device].

(v) The following shall be attached to the notice of

violation:

(A) A copy of the recorded image showing the

motor vehicle with its license plate visible.

(B) The registration number and state of

issuance of the motor vehicle registration.

enforcement system was operating correctly at the

time of the alleged violation and the date of the

most recent inspection that confirms the automated

speed enforcement system to be operating properly.

(D) The date, time and place of the alleged

violation.

(E) Notice that the violation charged is under

this section.

(F) Instructions for return of the notice of

violation.

(2) In the case of a violation involving a motor vehicle

[registered under] subject to the laws of this Commonwealth,

2023/90NAD/HB1284A03319 - 5 -

the notice of violation shall be mailed within 30 days after

the commission of the violation or within 30 days after the

discovery of the identity of the [registered] owner,

whichever is later, to the address of the [registered] owner

as listed in the records of the department.

(3) In the case of a violation involving a motor vehicle

[registered in] from a jurisdiction other than this

Commonwealth, the notice of violation shall be mailed within

30 days after the discovery of the identity of the

[registered] owner to the address of the [registered] owner

as listed in the records of the official in the jurisdiction

having charge of the registration of the vehicle.

(4) A notice of violation shall be invalid unless

provided to [an] the owner within 90 days of the offense.

(5) The notice shall include the following text:

This notice shall be returned personally, by mail or by

an agent duly authorized in writing, within 30 days of

[issuance] the mailing date of the notice. A hearing may

be obtained upon the written request of the [registered]

owner.

* * *

(e) Penalty.--

(1) If a person violates this section as a first

offense, the person shall receive a written warning.

(2) The penalty for a violation under this section shall

be a fine of $75 for the second offense and $150 for the

third and subsequent offenses, and the fine shall not be

subject to 42 Pa.C.S. § 3571 (relating to Commonwealth

portion of fines, etc.) or 3573 (relating to municipal

corporation portion of fines, etc.).

(2.1) A person does not commit a second or subsequent

offense unless the second offense occurs at least 15 days

after the mailing date of the written warning.

(3) The fine or warning is not authorized during times

when the automated speed enforcement work area is not active

and not in use.

(4) A penalty imposed under this section shall not:

(i) be deemed a criminal conviction;

(ii) be made part of the operating record of the

individual upon whom the penalty is imposed under section

1535 (relating to schedule of convictions and points);

(iii) be the subject of merit rating for insurance

purposes; or

(iv) authorize imposition of surcharge points in the

provision of motor vehicle insurance coverage.

(5) If a person who has a prior violation of this

section before the effective date of this paragraph commits

another violation of this section after the effective date of

this paragraph, the violation after the effective date of

this paragraph shall be deemed a first offense and any

violation occurring after that violation shall constitute an

2023/90NAD/HB1284A03319 - 6 -

additional offense.

(f) Limitations.--

(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, motor

vehicle information, 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, the Pennsylvania

Turnpike Commission or the system administrator shall retain

evidence that the records have been destroyed in accordance

with this section.

(4) Notwithstanding any other provision of law,

[registered] motor 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) [A] An intentional violation of this subsection

shall constitute a misdemeanor of the third degree punishable

by a $500 fine. Each violation shall constitute a separate

and distinct offense.

(g) Defenses.--

2023/90NAD/HB1284A03319 - 7 -

(1) It shall be a defense to a violation under this

section that the motor vehicle was reported to a police

department as stolen prior to the time the violation occurred

and was not recovered prior to that time.

(2) It shall be a defense to a violation under this

section that the person receiving the notice of violation was

not the owner of the motor vehicle at the time of the

offense.

(3) It shall be a defense to a violation under this

section that the [device] automated speed enforcement system

being used to determine speed was not in compliance with

section 3368 (relating to speed timing devices) with respect

to testing for accuracy, certification or calibration.

(4) It shall be a defense to a violation under this

section that the person named in the notice of the violation

was not driving the motor vehicle at the time of the

violation. The department or system administrator may require

the owner to submit evidence that the owner was not the

driver at the time of the alleged violation. The owner of the

motor vehicle may not be required to disclose the identity of

the driver of the motor vehicle at the time of the violation.

(h) Authority and duties of department and Pennsylvania

Turnpike Commission.--

(1) The department and Pennsylvania Turnpike Commission

shall establish [a five-year] an automated speed enforcement

system program [not later than 18 months following the

effective date of this section].

* * *

(3) (i) The department and Pennsylvania Turnpike

Commission shall serve directly or through a contracted

private service with a manufacturer or vendor as the

system administrator of the program. Compensation under a

contract authorized by this paragraph shall be based only

upon the value of equipment and services provided or

rendered in support of the automated speed enforcement

system program and may not be based on the quantity of

notices of violation issued or amount of fines imposed or

generated.

(ii) The system administrator shall prepare and

issue notices of violation.

(iii) Two restricted accounts are established in the

State Treasury for fines remitted under this section to

the department and Pennsylvania Turnpike Commission,

respectively. The system administrator of the department

or Pennsylvania Turnpike Commission, if any, shall send

an invoice to the department or Pennsylvania Turnpike

Commission based, respectively, on the services under

subparagraph (i) and the Pennsylvania State Police under

subsection (d)(1)(i). The department, Pennsylvania

Turnpike Commission and the Pennsylvania State Police

shall use the appropriate restricted account to pay for

2023/90NAD/HB1284A03319 - 8 -

the administration of the [pilot] program and the system

administrator's invoice costs, if applicable. Remaining

fines shall be allocated by the department or

Pennsylvania Turnpike Commission [for the first three

years as follows:

(A) Forty-five percent of the fines from

violations occurring in an automated speed

enforcement work area shall be deposited into a

restricted account in the State Treasury on a

quarterly basis. The Department of Revenue shall,

within 90 days of the date of deposit, transfer to

the Pennsylvania State Police an amount equivalent to

the previous quarterly deposit to be used by the

Pennsylvania State Police as follows:

(I) Fifty-five percent of the funds shall be

dedicated and used for the purpose of recruiting,

training or equipping Pennsylvania State Police

Cadets.

(II) Forty-five percent of the funds shall

be dedicated and used to pay for an increased

Pennsylvania State Trooper presence in work zones

on the State road system managed by the

department or the Pennsylvania Turnpike

Commission. Funds under this subclause shall be

in addition to any contractual agreement between

the department or the Pennsylvania Turnpike

Commission and the Pennsylvania State Police for

enforcement in work zones on the State road

system managed by the department or the

Pennsylvania Turnpike Commission.

(B) Fifteen percent of the fines from violations

occurring in an automated speed enforcement work area

shall be transferred to the department or the

Pennsylvania Turnpike Commission, whichever State

road system utilized the automated speed enforcement

system, for the purpose of work zone safety, traffic

safety and educating the motoring public on work zone

safety, at the discretion of the department or

Pennsylvania Turnpike Commission.

occurring in an automated speed enforcement work area

shall be deposited in the Motor License Fund and

shall be appropriated by the General Assembly.

(iv) Remaining fines shall be allocated by the

department or Pennsylvania Turnpike Commission for the

last two years to develop a Work Zone and Highway Safety

Program. At a minimum, funds from the Work Zone and

Highway Safety Program shall be used for improvement

projects and countermeasures to improve the safety in

work zones and on highways. Funds may also be used to

increase awareness of distracted driving and

2023/90NAD/HB1284A03319 - 9 -

transportation enhancements established under section

3116 (relating to automated red light enforcement systems

in first class cities).

(v) If the amount of funds under subparagraph (iii)

(A) is lower than the amount of funds under subparagraph

(iii)(A) for the previous fiscal year, funds from the

Motor License Fund may not be used to supplement the

funds for the current fiscal year. Funding provided for

under subparagraph (iii)(A) shall be supplemental and

shall not prohibit the Pennsylvania State Police from

obtaining additional funding from any other means.

(vi) If the five-year program is not extended by the

General Assembly, any remaining fines remitted to the

department or Pennsylvania Turnpike Commission shall be

used as provided under subparagraph (iv).

(vii) The system administrator shall provide an

appropriate printed form by which owners may challenge a

notice of violation and convenient hearing hours and

times in each of the following metropolitan areas for

challenges to be heard as provided in this section: Erie,

Harrisburg, Philadelphia, Pittsburgh and Scranton. The

form may be included with or as part of the notice of

violation.] to develop a Work Zone and Highway Safety

Program. At a minimum, funds from the Work Zone and

Highway Safety Program shall be used for improvement

projects, enforcements and countermeasures to improve the

safety in work zones and on highways. Funds may also be

used to increase awareness of distracted driving and

transportation enhancements established under section

3116 (relating to automated red light enforcement systems

in first class cities).

(viii) The system administrator shall provide an

appropriate form by which owners of the motor vehicles

may challenge a notice of violation. A hearing to contest

liability may be in person or be conducted through live-

stream synchronous video conferencing or similar virtual

presence technology and shall be only at reasonable times

set by the system administrator. Challenges to be heard

in person shall be conducted in, at least, Erie,

Harrisburg, Philadelphia, Pittsburgh and Scranton. The

form may be included with or as part of the notice of

violation.

(4) Not later than April 1 annually, the department, the

Pennsylvania Turnpike Commission and the Pennsylvania State

Police shall submit a report on the program for the preceding

calendar year to the chairperson and minority chairperson of

the Transportation Committee of the Senate and the

chairperson and minority chairperson of the Transportation

Committee of the House of Representatives. The report shall

be a public record under the Right-to-Know Law and include:

(i) The number of vehicular accidents and related

2023/90NAD/HB1284A03319 - 10 -

serious bodily injuries and deaths in all work zones and

in automated speed enforcement work areas where the

program operated.

(ii) Speed data.

(iii) The number of notices of violation issued and

contested.

(iv) The amount of fines imposed and collected.

(v) Amounts paid under contracts authorized by this

section.

[(vi) The number of hours of Pennsylvania State

Police presence in work zones that were provided as a

result of the funds under paragraph (3)(iii)(A)(II).]

(vii) Use of funds under paragraph [(3)(iv)] (3)

(iii).

(i) Payment of fine.--

(1) An owner of a motor vehicle may admit responsibility

for the violation and pay the fine provided in the notice

personally, through an authorized agent, electronically or by

mailing both payment and the notice of violation to the

system administrator.

(2) Payment by mail must be made only by money order,

credit card or check made payable to the Commonwealth, the

Pennsylvania Turnpike Commission or the system administrator,

as applicable.

(3) Payment of the fine shall operate as a final

disposition of the case.

(4) [If payment is not received within 90 days of

original notice, the department or Pennsylvania Turnpike

Commission may turn the matter over to applicable credit

collection agencies.] If payment is not received within 90

days of the mailing of the notice of violation, the

department or Pennsylvania Turnpike Commission may request an

applicable credit collection agency to resolve the payment

amount owed.

(j) Contest.--

(1) An owner of a motor vehicle may, within 30 days of

the mailing date of the notice, request a hearing to contest

liability by appearing before the system administrator either

personally or by an authorized agent or by [mailing a request

in writing on the prescribed form. Appearances in person

shall be only at the locations and times set by the system

administrator.] sending a request on the prescribed form. A

hearing to contest liability may be in person or be conducted

through live-stream synchronous video conferencing or similar

virtual presence technology as described under subsection (h)

(3)(viii).

(2) Upon receipt of a hearing request, the system

administrator shall in a timely manner schedule the matter

before a hearing officer designated by the department or

Pennsylvania Turnpike Commission. Written notice of the date,

time and place of hearing must be presented or sent by first

2023/90NAD/HB1284A03319 - 11 -

class mail to the owner of the motor vehicle.

(3) The hearing shall be informal and the rules of

evidence shall not apply. The decision of the hearing officer

shall be made within 45 days from the hearing date and shall

be final, subject to the right of the owner of the motor

vehicle to appeal the decision under paragraph (4).

(4) If, within 45 days of issuance of the decision of

the hearing officer, the owner of the motor vehicle requests

in writing [that the decision of the hearing officer be

appealed, the system administrator] an appeal of the decision

of the hearing officer, the owner of the motor vehicle shall

file the notice of violation and supporting documents with

the office of the magisterial district judge for the

magisterial district where the violation occurred, and [the]

a magisterial district judge shall hear and decide the matter

de novo and shall be restricted to finding an owner liable or

not liable for violating this section.

[(k) Expiration.--This section shall expire five years from

the effective date of this section.]

Section 2.1. Section 3370 heading, (a), (b), (d)(2) and (4),

(f), (g), (i), (j)(1) and (3), (k), (m)(1), (n)(1) and (2), (o)

and (q) of Title 75 are amended and subsection (d) is amended by

adding a paragraph to read:

§ 3370. [Pilot program for automated speed enforcement system

on designated highway] Automated speed enforcement

system on designated highways.

(a) General rule.--[A pilot program is established to

provide for an automated speed enforcement system on the

designated highway.] A program is established to provide for an

automated speed enforcement system on U.S. Route 1 (Roosevelt

Boulevard) between Ninth Street and the Philadelphia County line

shared with Bucks County in a city of the first class. The

following shall apply:

(1) A city of the first class, upon passage of an

ordinance, is authorized to enforce section 3362 (relating to

maximum speed limits) on Roosevelt Boulevard by recording

violations using an automated speed enforcement system

approved by the department.

[(2) This section shall only be applicable in a city of

the first class in areas agreed upon by the system

administrator and the Secretary of Transportation using the

automated speed enforcement system on U.S. Route 1 (Roosevelt

Boulevard) between Ninth Street and the Philadelphia County

line shared with Bucks County.]

(3) A city of the first class may expand the automated

speed enforcement system beyond Roosevelt Boulevard to no

more than five corridors if the following conditions are met:

(i) The city of the first class, in consultation

with the department, proposes a new State or local

highway corridor within the borders of the city of the

first class according to speed data and speed-related

2023/90NAD/HB1284A03319 - 12 -

accidents involving vehicles or pedestrians. Each

proposed corridor must include a beginning segment and an

end segment on the same State or local route within the

borders of the city of the first class.

(ii) The city of the first class conducts an

engineering and traffic investigation under section

6109(e) (relating to specific powers of department and

local authorities) on the posted speed limit within a

proposed State or local highway corridor for an automated

speed enforcement system.

(iii) The city of the first class provides at least

one opportunity for public comment regarding the proposed

State or local highway corridor.

(4) When the conditions under paragraph (3) have been

met, a city of the first class, upon passage of an ordinance

for each new corridor, is authorized to enforce section 3362

(relating to maximum speed limits) by recording violations

using an automated speed enforcement system approved by the

department.

(b) Owner liability.--For each violation under this section,

the owner of the motor vehicle shall be liable for the penalty

imposed unless the owner is convicted of the same violation

under another section of this title or has a defense under

subsection (g). For the purposes of this section, the lessee of

a leased vehicle shall be considered the owner of the motor

vehicle.

* * *

(d) Penalty.--The following shall apply:

* * *

(2) A penalty is authorized only for a violation of this

section if each of the following apply:

(i) At least two appropriate warning signs are

conspicuously placed at the beginning and end and at two-

mile intervals of the designated highway notifying the

public that an automated speed enforcement [device]

system is in use.

(ii) A notice identifying the location of the

automated speed enforcement system is posted on the

[department's] city of the first class's or system

administrator's publicly accessible Internet website

throughout the period of use.

* * *

(4) The system administrator may provide a written

warning to the [registered] owner of a motor vehicle

determined to have violated this section during the first 30

days of operation of the automated speed enforcement system.

* * *

(7) If a person who has a prior violation of this

section before the effective date of this paragraph commits

another violation of this section after the effective date of

this paragraph, the violation after the effective date of

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this paragraph shall be deemed a first offense and any

violation occurring after that violation shall constitute an

additional offense.

(f) Limitations.--The following shall apply:

(1) No automated speed enforcement system shall be

utilized in such a manner as to take a frontal view recorded

image of the motor vehicle as evidence of having committed a

violation.

(2) Notwithstanding any other provision of law, camera

equipment deployed as part of an automated speed enforcement

system as provided in this section must be incapable of

automated or user-controlled remote surveillance by means of

recorded video images. Recorded images collected as part of

the automated speed enforcement system must only record

traffic violations and may not be used for any other

surveillance purposes, but may include video of the area

enforced when triggered by a violation. The restrictions set

forth in this paragraph shall not be deemed to preclude a

court of competent jurisdiction from issuing an order

directing that the information be provided to law enforcement

officials if the information is reasonably described and is

requested solely in connection with a criminal law

enforcement action.

(3) Notwithstanding any other provision of law,

information prepared under this section and information

relating to violations under this section which is kept by

the city of the first class or system administrator, its

authorized agents or its employees, including recorded

images, written records, reports or facsimiles, names,

addresses, motor vehicle information and the number of

violations under this section, shall be for the exclusive use

of the city, its authorized agents, its employees and law

enforcement officials for the purpose of discharging their

duties under this section and under any ordinances and

resolutions of the city. 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, nor shall it

be offered in evidence in any action or proceeding which is

not directly related to a violation of this section or any

ordinance or resolution of the city. The restrictions set

forth in this paragraph shall not be deemed to preclude a

court of competent jurisdiction from issuing an order

directing that the information be provided to law enforcement

officials if the information is reasonably described and is

requested solely in connection with a criminal law

enforcement action.

(4) Recorded images obtained through the use of

automated speed enforcement systems deployed as a means of

promoting traffic safety in a city of the first class shall

be destroyed within one year of final disposition of any

2023/90NAD/HB1284A03319 - 14 -

recorded event except that images subject to a court order

under paragraph (2) or (3) shall be destroyed within two

years after the date of the order, unless further extended by

court order. The city shall file notice with the [Department

of State] department that the records have been destroyed in

accordance with this section.

(5) Notwithstanding any other provision of law,

[registered] motor vehicle owner information obtained as a

result of the operation of an automated speed enforcement

system under this section shall not be the property of the

manufacturer or vendor of the automated speed enforcement

system and may not be used for any purpose other than as

prescribed in this section.

(6) [A] An intentional violation of this subsection

shall constitute a misdemeanor of the third degree punishable

by a $500 fine. Each violation shall constitute a separate

and distinct offense.

(g) Defenses.--The following shall apply:

(1) It shall be a defense to a violation under this

section that the person named in the notice of the violation

was not [operating] driving the motor vehicle at the time of

the violation. The owner of the motor vehicle may be required

to submit evidence that the owner was not the driver at the

time of the alleged violation. The city of the first class

may not require the owner of the motor vehicle to disclose

the identity of the [operator] driver of the motor vehicle at

the time of the violation.

(2) If an owner of a motor vehicle receives a notice of

violation pursuant to this section of a time period during

which the motor vehicle was reported to a police department

[of any state or municipality] as having been stolen, it

shall be a defense to a violation under this section that the

motor vehicle has been reported to a police department as

stolen prior to the time the violation occurred and had not

been recovered prior to that time.

(3) It shall be a defense to a violation under this

section that the person receiving the notice of violation was

not the owner of the motor vehicle at the time of the

offense.

(4) It shall be a defense to a violation under this

section that the [device] automated speed enforcement system

being used to determine speed was not in compliance with

section 3368 (relating to speed timing devices) with respect

to testing for accuracy, certification or calibration.

* * *

(i) Duty of city.--[If a city of the first class elects to

implement this section, the] The following provisions shall

apply:

(1) [The city] A city of the first class may not use an

automated speed enforcement system unless there is posted an

appropriate sign in a conspicuous place before the area in

2023/90NAD/HB1284A03319 - 15 -

which the automated speed enforcement [device] system is to

be used notifying the public that an automated speed

enforcement [device] system is in use immediately ahead.

(2) [The city] A city of the first class shall designate

or appoint the Philadelphia Parking Authority as the system

administrator to supervise and coordinate the administration

of notices of violation issued under this section.

Compensation under a contract authorized by this paragraph

shall be based only upon the value of equipment and services

provided or rendered in support of the automated speed

enforcement system program and may not be based on the

quantity of notices of violation issued or amount of fines

imposed or generated.

(3) The system administrator shall prepare a notice of

violation to the [registered] owner of a motor vehicle

identified in a recorded image produced by an automated speed

enforcement system as evidence of a violation of section

3362. The notice of violation must be issued by a police

officer employed by the police department with primary

jurisdiction over the area where the violation occurred. The

notice of violation shall have the following attached to it:

(i) a copy of the recorded image showing the motor

vehicle;

(ii) the registration number and state of issuance

of the motor vehicle registration;

(iii) the date, time and place of the alleged

violation;

(iv) notice that the violation charged is under

section 3362; and

(v) instructions for return of the notice of

violation, which shall read:

This notice shall be returned personally, by mail or

by an agent duly authorized in writing, within 30

days of issuance. A hearing may be obtained upon the

written request of the [registered] owner of the

motor vehicle.

(j) System administrator.--The following shall apply:

(1) The system administrator may hire and designate

personnel as necessary or contract for services through a

manufacturer or vendor to implement this section.

* * *

(3) Not later than [April] September 1 annually, the

system administrator shall submit an annual report to the

chairperson and the minority chairperson of the

Transportation Committee of the Senate and the chairperson

and minority chairperson of the Transportation Committee of

the House of Representatives. The report shall be considered

a public record under the Right-to-Know Law and include for

the prior year:

(i) The number of violations and fines issued and

data regarding the speeds of motor vehicles in the

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enforcement area.

(ii) A compilation of penalties paid and outstanding

and violations contested.

(iii) The amount of money paid to a vendor or

manufacturer under this section.

(iv) The number of vehicular and pedestrian

accidents and related serious bodily injuries and deaths

along the designated highway.

(k) Notice to owner.--In the case of a violation involving a

motor vehicle [registered under] subject to the laws of this

Commonwealth, the notice of violation must be mailed within 30

days after the commission of the violation or within 30 days

after the discovery of the identity of the [registered] owner of

the motor vehicle, whichever is later, and not thereafter to the

address of the [registered] owner as listed in the records of

the department. In the case of motor vehicles [registered in]

from jurisdictions other than this Commonwealth, the notice of

violation must be mailed within 30 days after the discovery of

the identity of the [registered] owner to the address of the

[registered] owner as listed in the records of the official in

the jurisdiction having charge of the registration of the motor

vehicle. A notice of violation under this section must be

provided to [an] the owner of the motor vehicle within 90 days

of the commission of the offense.

* * *

(m) Payment of fine.--The following shall apply:

(1) An owner of a motor vehicle to whom a notice of

violation has been issued may admit responsibility for the

violation and pay the fine provided in the notice.

* * *

(n) Hearing.--The following shall apply:

(1) An owner of a motor vehicle to whom a notice of

violation has been issued may, within 30 days of the mailing

date of the notice, request a hearing to contest the

liability alleged in the notice. A hearing request must be

made by appearing before the system administrator during

regular office hours either personally or by an authorized

agent or by [mailing a request in writing] sending a request

on the prescribed form.

(2) Upon receipt of a hearing request, the system

administrator shall in a timely manner schedule the matter

before a hearing officer. The hearing officer shall be

designated by the city of the first class. Written notice of

the date, time and place of hearing must be sent by first

class mail to the owner[.] of the motor vehicle. A hearing to

contest liability may be in person or be conducted through

live-stream synchronous video conferencing or similar virtual

presence technology and shall be only at the locations and

times set by the system administrator.

* * *

(o) Compensation to manufacturer or vendor.--If a city of

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the first class has established an automated speed enforcement

system [deployed as a means of promoting traffic safety and the

enforcement of the traffic laws of this Commonwealth or the

city], the compensation paid to the manufacturer or vendor of

the automated speed enforcement system may not be based upon the

number of traffic citations issued or a portion or percentage of

the fine generated by the citations. The compensation paid to

the manufacturer or vendor of the equipment shall be based upon

the value of the equipment and the services provided or rendered

in support of the automated speed enforcement system.

* * *

[(q) Expiration.--This section shall expire five years from

its effective date.]

Section 3. Title 75 is amended by adding sections to read:

§ 3370.1. Automated speed enforcement study.

The Local Government Commission shall conduct a study of

expanding automated speed enforcement on highways and streets

owned by municipalities. No later than two years after the

effective date of this section, the Local Government Commission

shall submit a report to the General Assembly and shall provide

findings and recommendations on the expansion of automated speed

enforcement on highways and streets owned by municipalities.

§ 3371. Pilot program for automated speed enforcement systems

in designated school zones.

(a) General rule.--A pilot program is established to provide

for an automated speed enforcement system in designated school

zones in a city of the first class. The following shall apply:

(1) This section shall only be applicable in a city of

the first class in no more than five school zones agreed upon

by the system administrator, on the city ' s behalf, and the

secretary.

(2) A city of the first class shall conduct an

engineering and traffic investigation under section 6109(e)

(relating to specific powers of department and local

authorities) on the posted speed limit within the proposed

school zone for an automated speed enforcement system.

(3) A city of the first class shall provide at least one

opportunity for public comment regarding the proposed school

zone.

(4) When the requirements under paragraphs (2) and (3)

are met, a city of the first class, upon passage of an

ordinance for the school zones, is authorized to enforce

section 3365(b) (relating to special speed limitations) by

recording violations using an automated speed enforcement

system approved by the department.

(b) Owner liability.--For each violation under this section,

the owner of the motor vehicle shall be liable for the penalty

imposed under subsection (d) unless the owner is convicted of

the same violation under another section of this title or has a

defense under subsection (g). For the purposes of this section,

the lessee of a leased vehicle shall be considered the owner of

2023/90NAD/HB1284A03319 - 18 -

a motor vehicle.

of a certificate, based upon inspection of recorded images

produced by an automated speed enforcement system and sworn to

or affirmed by a police officer employed by the city of the

first class shall be prima facie evidence of the facts contained

in it. The city must include written documentation that the

automated speed enforcement system was operating correctly at

the time of the alleged violation. A recorded image evidencing a

violation of section 3365(b) shall be admissible in any judicial

or administrative proceeding to adjudicate the liability for the

violation.

(d) Penalty.--

(1) The penalty for a violation under subsection (a)

shall be a fine of $150 unless a lesser amount is set by

ordinance. The ordinance may create fines for first offense,

second offense and third and subsequent offenses, but no

single fine shall exceed $150.

(2) A penalty is authorized only for a violation of this

section if each of the following apply:

(i) At least two appropriate warning signs are

conspicuously placed at the beginning and end of the

designated school zone notifying the public that an

automated speed enforcement system is active and in use.

(ii) A notice identifying the location of the

automated speed enforcement system is posted on the

city ' s or system administrator ' s publicly accessible

Internet website throughout the period of use.

(iii) The designated school zone is active as

indicated by an official traffic-control device with a

posted speed limit of no greater than 15 miles per hour.

(3) A fine is not authorized during the first 30 days of

operation of an automated speed enforcement system.

(4) The system administrator may provide a written

warning to the registered owner of a motor vehicle determined

to have violated this section during the first 30 days of

operation of the automated speed enforcement system.

(5) A penalty imposed under this section shall not be

deemed a criminal conviction and shall not be made part of

the operating record under section 1535 (relating to schedule

of convictions and points) of the individual upon whom the

penalty is imposed, nor may the imposition of the penalty be

subject to merit rating for insurance purposes.

(6) Surcharge points may not be imposed in the provision

of motor vehicle insurance coverage. Penalties collected

under this section shall not be subject to 42 Pa.C.S. § 3571

(relating to Commonwealth portion of fines, etc.) or 3573

(relating to municipal corporation portion of fines, etc.).

(e) Liability.--Driving in excess of the posted speed limit

in a designated school zone by 11 miles per hour or more is a

violation of this section.

2023/90NAD/HB1284A03319 - 19 -

(f) Limitations.--

(1) An automated speed enforcement system may not be

utilized in such a manner as to take a frontal view recorded

image of the motor vehicle as evidence of having committed a

violation.

(2) Notwithstanding any other provision of law, camera

equipment deployed as part of an automated speed enforcement

system as provided in this section must be incapable of

automated or user-controlled remote surveillance by means of

recorded video images. Recorded images collected as part of

the automated speed enforcement system must only record

traffic violations and may not be used for any other

surveillance purposes, but may include video of the area

enforced when triggered by a violation. The restrictions set

forth in this paragraph shall not be deemed to preclude a

court of competent jurisdiction from issuing an order

directing that the information be provided to law enforcement

officials if the information is reasonably described and is

requested solely in connection with a criminal law

enforcement action.

(3) Notwithstanding any other provision of law,

information prepared under this section and information

related to violations under this section which is kept by the

city of the first class, its authorized agents or its

employees, including recorded images, written records,

reports or facsimiles, names, addresses, motor vehicle

information and the number of violations under this section,

shall be for the exclusive use of the city, its authorized

agents, its employees and law enforcement officials for the

purpose of discharging their duties under this section and

under any ordinances and resolutions of the city. 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, nor shall it be offered in evidence in

any action or proceeding which is not directly related to a

violation of this section or any ordinance or resolution of

the city. The restrictions set forth in this paragraph shall

not be deemed to preclude a court of competent jurisdiction

from issuing an order directing that the information be

provided to law enforcement officials if the information is

reasonably described and is requested solely in connection

with a criminal law enforcement action.

(4) Recorded images obtained through the use of

automated speed enforcement systems deployed as a means of

promoting traffic safety in a city of the first class shall

be destroyed within one year of final disposition of any

recorded event, except that images subject to a court order

under paragraph (2) or (3) shall be destroyed within two

years after the date of the order, unless further extended by

court order. A city of the first class shall file notice with

2023/90NAD/HB1284A03319 - 20 -

the department that the records have been destroyed in

accordance with this section.

(5) Notwithstanding any other provision of law,

registered motor vehicle owner information obtained as a

result of the operation of an automated speed enforcement

system under this section shall not be the property of the

manufacturer or vendor of the automated speed enforcement

system and may not be used for any purpose other than as

prescribed in this section.

(6) A violation of this subsection shall constitute a

misdemeanor of the third degree punishable by a $500 fine.

Each violation shall constitute a separate and distinct

offense.

(g) Defenses.--

(1) It shall be a defense to a violation under this

section that the person named in the notice of the violation

was not driving the motor vehicle at the time of the

violation. The owner may be required to submit evidence that

the owner was not the driver at the time of the alleged

violation. The city of the first class may not require the

owner of the motor vehicle to disclose the identity of the

driver of the motor vehicle at the time of the violation.

(2) If an owner receives a notice of violation under

this section of a time period during which the motor vehicle

was reported to any police department as having been stolen,

it shall be a defense to a violation under this section that

the motor vehicle had been reported to a police department as

stolen prior to the time the violation occurred and had not

been recovered prior to that time.

(3) It shall be a defense to a violation under this

section that the person receiving the notice of violation was

not the owner of the motor vehicle at the time of the

offense.

(4) It shall be a defense to a violation under this

section that the automated speed enforcement system being

used to determine speed was not in compliance with section

3368 (relating to speed timing devices) with respect to

testing for accuracy, certification or calibration.

(h) Department approval.--

(1) No automated speed enforcement system may be used

without the approval of the department, which shall have the

authority to promulgate regulations for the certification and

use of the systems, which regulations may include the use of

radio-microwave devices, commonly referred to as electronic

speed meters or radar, or light detection and ranging

devices, commonly referred to as LIDAR, in their operations.

(2) Notwithstanding any other provision of law, the

devices identified in paragraph (1) shall be tested for

accuracy at regular intervals as designated by regulation of

the department.

(i) Duty of city.--If a city of the first class elects to

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implement this section, the following provisions shall apply:

(1) The city of the first class may not use an automated

speed enforcement system unless there is posted an

appropriate sign in a conspicuous place before the school

zone in which the automated speed enforcement system is to be

used notifying the public that an automated speed enforcement

system is in use immediately ahead.

(2) The city of the first class shall designate or

appoint the Philadelphia Parking Authority as the system

administrator to supervise and coordinate the administration

of notices of violation issued under this section.

Compensation under a contract authorized by this paragraph

shall be based only upon the value of equipment and services

provided or rendered in support of the automated speed

enforcement system program and may not be based on the

quantity of notices of violation issued or amount of fines

imposed or generated.

(3) The system administrator shall prepare a notice of

violation to the registered owner of a motor vehicle

identified in a recorded image produced by an automated speed

enforcement system as evidence of a violation of section 3362

(relating to maximum speed limits). The notice of violation

must be issued by a police officer employed by the police

department with primary jurisdiction over the area where the

violation occurred. The notice of violation shall have the

following attached to it:

(i) a copy of the recorded image showing the motor

vehicle;

(ii) the registration number and state of issuance

of the motor vehicle registration;

(iii) the date, time and place of the alleged

violation;

(iv) notice that the violation charged is under

section 3365(b); and

(v) instructions for return of the notice of

violation, which shall read:

This notice shall be returned personally, by mail

or by an agent duly authorized in writing, within

30 days of issuance. A hearing may be obtained

upon the request of the registered owner of the

motor vehicle.

(j) System administrator.--

(1) The system administrator may hire and designate

personnel as necessary or contract for services with a

manufacturer or vendor to implement this section.

(2) The system administrator shall process notices of

violation and penalties issued under this section.

(3) Not later than September 1 annually, the system

administrator shall submit an annual report to the

chairperson and minority chairperson of the Transportation

Committee of the Senate and the chairperson and minority

2023/90NAD/HB1284A03319 - 22 -

chairperson of the Transportation Committee of the House of

Representatives. The report shall be considered a public

record under the Right-to-Know Law and include for the prior

year:

(i) The number of violations and fines issued and

data regarding the speeds of motor vehicles in the

enforcement area.

(ii) A compilation of penalties paid and outstanding

and violations contested.

(iii) The amount of money paid to a system

administrator, vendor or manufacturer under this section.

(iv) The number of vehicular and pedestrian

accidents and related serious bodily injuries and deaths

in the designated school zones.

(k) Notice to owner.--In the case of a violation involving a

motor vehicle registered under the laws of this Commonwealth,

the notice of violation must be mailed within 30 days after the

commission of the violation or within 30 days after the

discovery of the identity of the registered owner of the motor

vehicle, whichever is later, and not thereafter to the address

of the registered owner as listed in the records of the

department. In the case of motor vehicles registered in

jurisdictions other than this Commonwealth, the notice of

violation must be mailed within 30 days after the discovery of

the identity of the registered owner to the address of the

registered owner as listed in the records of the official in the

jurisdiction having charge of the registration of the motor

vehicle. A notice of violation under this section must be

provided to the registered owner within 90 days of the

commission of the offense.

(l) Mailing of notice and records.--Notice of violation must

be sent by first class mail. A manual or automatic record of

mailing prepared by the system administrator in the ordinary

course of business shall be prima facie evidence of mailing and

shall be admissible in any judicial or administrative proceeding

as to the facts contained in it.

(m) Payment of fine.--

(1) An owner of the motor vehicle to whom a notice of

violation has been issued may admit responsibility for the

violation and pay the fine provided in the notice.

(2) Payment must be made personally, through an

authorized agent, electronically or by mailing both payment

and the notice of violation to the system administrator.

Payment by mail must be made only by money order, credit card

or check made payable to the system administrator. The system

administrator shall remit the fine, less the system

administrator's operation and maintenance costs necessitated

by this section, to the department for deposit into a

restricted receipts account in the Motor License Fund. Fines

deposited into the fund under this paragraph shall be used by

the department for a Transportation Enhancement Grants

2023/90NAD/HB1284A03319 - 23 -

Program as established by section 3116 (relating to automated

red light enforcement systems in first class cities). The

department shall award transportation enhancement grants on a

competitive basis. The department may pay actual

administrative costs arising from the department's

administration of this section. The department may not

reserve, designate or set aside a specific level of money or

percentage of money to an applicant prior to the completion

of the application process, nor may the department designate

a set percentage of money to an applicant. Grants shall be

awarded by the department based on the majority vote of a

selection committee consisting of four representatives of the

department appointed by the secretary and four members

appointed by the mayor of the city of the first class, with

the secretary or a designee of the secretary serving as

chairperson. Priority shall be given to applications seeking

grant money for transportation enhancements in the

municipality where the automated speed camera system is

operated.

(3) Payment of the established fine and applicable

penalties shall operate as a final disposition of the case.

(n) Hearing.--

(1) An owner of the motor vehicle to whom a notice of

violation has been issued may, within 30 days of the mailing

date of the notice, request a hearing to contest the

liability alleged in the notice. A hearing request must be

made by appearing before the system administrator during

regular office hours either personally or by an authorized

agent or by sending a request on the prescribed form.

(2) Upon receipt of a hearing request, the system

administrator shall in a timely manner schedule the matter

before a hearing officer. The hearing officer shall be

designated by the city of the first class. Written notice of

the date, time and place of hearing must be sent by first

class mail to the owner of the motor vehicle. A hearing to

contest liability may be in-person or be conducted through

live-stream synchronous video conferencing or similar virtual

presence technology and shall be only at the locations and

times set by the system administrator.

(3) The hearing shall be conducted in accordance with 2

Pa.C.S. Ch. 5 (relating to practice and procedure) and shall

be subject to appeal under 2 Pa.C.S. Ch. 7 (relating to

judicial review).

(o) Compensation to manufacturer or vendor.--If a city of

the first class has established an automated speed enforcement

system, the compensation paid to the manufacturer or vendor of

the automated speed enforcement system may not be based upon the

number of traffic citations issued or a portion or percentage of

the fine generated by the citations. The compensation paid to

the manufacturer or vendor of the equipment shall be based upon

the value of the equipment and the services provided or rendered

2023/90NAD/HB1284A03319 - 24 -

in support of the automated speed enforcement system.

(p) Revenue limitation.--A city of the first class may not

collect an amount equal to or greater than 2% of its annual

budget from the collection of revenue from the issuance and

payment of violations under this section.

(q) Expiration.--This section shall expire December 31,

2029.

Section 4. The Secretary of Transportation shall transmit

notice to the Legislative Reference Bureau for publication in

the next available issue of the Pennsylvania Bulletin that an

automated speed enforcement system is operational in the

designated school zones under 75 Pa.C.S. § 3371.

Section 5. This act shall take effect as follows:

(1) The following provisions shall take effect

immediately:

(i) The amendment of 75 Pa.C.S. § 3345.1(e)(4), (f)

(3), (i.2)(1), (2)(v) and (3)(i), (ii) and (iii), (i.3)

(3) and (i.4)(4).

(ii) The amendment of 75 Pa.C.S. §§ 3369(k) and

3370(q).

(iii) The addition of 75 Pa.C.S. § 3370.1.

(iv) Section 4 of this act.

(v) This section.

(2) The addition of 75 Pa.C.S. § 3371(e) shall take

effect 60 days after the publication in the Pennsylvania

Bulletin under section 4 of this act.

(3) The remainder of this act shall take effect in 60

days.

2023/90NAD/HB1284A03319 - 25 -