§ 3369. Automated speed enforcement systems in active work zones
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 75 Pa.C.S.A. VehiclesEffective: February 12, 2024
Effective: February 12, 2024
75 Pa.C.S.A. § 3369
§ 3369. Automated speed enforcement systems in active work zones
(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 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.
(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.
(1)(i) An action to enforce this section shall be initiated by an administrative notice of violation to the 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).
(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 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 operator, which shall be admitted as evidence in any court proceeding for a violation involving an automated speed enforcement system. An automated speed enforcement system operator shall fill out and sign a daily log for an automated speed enforcement system, which:
(iv) An automated speed enforcement system 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.
(2) In the case of a violation involving a motor vehicle subject to the laws of this Commonwealth, 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 owner, whichever is later, to the address of the owner as listed in the records of the department.
(3) In the case of a violation involving a motor vehicle 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 owner to the address of the owner as listed in the records of the official in the jurisdiction having charge of the registration of the vehicle.
This notice shall be returned personally, by mail or by an agent duly authorized in writing, within 30 days of the mailing date of the notice. A hearing may be obtained upon the written request of the owner.
(6) 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 a judicial or administrative proceeding as to the facts contained in the notice.
(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.).
(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,1 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 additional offense.
(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),2 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, 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.
(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.
(A) Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L. 769, No. 240),3 referred to as the Commonwealth Documents Law.
(B) Section 204(b) of the act of October 15, 1980 (P.L. 950, No. 164),4 known as the Commonwealth Attorneys Act.
(C) The act of June 25, 1982 (P.L. 633, No. 181),5 known as the Regulatory Review Act.
(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.
(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 the administration of the program and the system administrator's invoice costs, if applicable. Remaining fines shall be allocated by the department or Pennsylvania Turnpike Commission 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:
(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 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 class mail to the owner of the motor vehicle.
(4) If, within 45 days of issuance of the decision of the hearing officer, the owner of the motor vehicle requests in writing 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 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.
Credits
2018, Oct. 19, P.L. 563, No. 86, § 3. Amended 2023, Dec. 14, P.L. 344, No. 38, § 2.
Footnotes
Subsec. (e)(5) added by 2023, Dec. 14, P.L. 344, No. 38, § 2, effective in 60 days [Feb. 12, 2024].
65 P.S. § 67.101 et seq.
45 P.S. §§ 1201, 1202, 1203, 1204 and 1205.
71 P.S. § 732-204(b).
71 P.S. § 745.1 et seq.
75 Pa.C.S.A. § 3369, PA ST 75 Pa.C.S.A. § 3369
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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