§ 3371 — Pilot program for automated speed enforcement systems in designated school zones

Pennsylvania § 3371

• Jurisdiction: Pennsylvania
• Title 75: VEHICLES
• Part: PART III
• Ch. 33: RULES OF THE ROAD IN GENERAL
• Subch.: SPEED RESTRICTIONS

Text

(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 a motor vehicle.

(c) Certificate as evidence.--A certificate, or a facsimile 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 a 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.

(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 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 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 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 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 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.

Legislative History

(Dec. 14, 2023, P.L.344, No.38) 2023 Amendment.Act 38 added section 3371. Section 5(2) of Act 38 provided that subsec. (e) shall take effect 60 days after the publication in the Pennsylvania Bulletin under section 4 of Act 38 and section 5(3) of Act 38 provided that the remainder of the section shall take effect in 60 days. Section 4 of Act 38 provided that 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 section 3371.