SB 172 — An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; and, in rules of the road in general, further providing for speed timing devices and providing for automated speed enforcement systems in active work zones and establishing a pilot program for automated speed enforcement system on designated highway.

PRIOR PRINTER'S NO.

148 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1067172 THE2017 GENERALINTRODUCED ASSEMBLYBY OFARGALL, PENNSYLVANIASCHWANK, SENATEVULAKOVICH, BILLSCAVELLO, SessionBREWSTER, TARTAGLIONE, COSTA, YUDICHAK, RAFFERTY AND BARTOLOTTA, JANUARY 23, 2017 REFERRED TO TRANSPORTATION, JANUARY 23, 2017 AN ACT Amending Title 75 (Vehicles) of No.the Pennsylvania Consolidated Statutes, in preliminary provisions, further providing for definitions;

172and, 2017in INTRODUCEDrules BYof ARGALL,the SCHWANK,road VULAKOVICH,in SCAVELLO,general, BREWSTER,further TARTAGLIONE,providing COSTA,for YUDICHAK,speed RAFFERTY,timing BARTOLOTTA,devices BROWNE,and REGANproviding ANDfor BLAKE,automated JANUARYspeed 23,enforcement 2017systems. SENATOR BROWNE, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 30, 2017 AN ACT Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in preliminary provisions, further providing for definitions;

and, in rules of the road in general, further automated speed enforcement systems.nd providing for The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

* * * (5) Light detection and ranging devices, commonly referred to as LIDAR, may be used only as part of an 20170SB0172PN1067 - 2 - automated speed enforcement system.

20170SB0172PN0148 - 2 - * * * Section 3.

A notice of violation based upon inspection of recorded images produced by an automated speed enforcement system 20170SB0172PN1067 - 3 - and sworn or affirmed by an authorized employee of the 20170SB0172PN0148 - 3 - department or the Pennsylvania Turnpike Commission shall be prima facie evidence of the facts contained in the notice.

(2) In the case of a violation involving a motor vehicle registered under 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 registered owner, whichever is later, to the 20170SB0172PN1067 - 4 - address of the registered owner as listed in the records of 20170SB0172PN0148 - 4 - the department.

20170SB0172PN1067 - 5 - (3) A penalty imposed under this section shall not:

20170SB0172PN0148 - 5 - (i) be deemed a criminal conviction;

The information shall not be discoverable by court order or otherwise or be admissible as evidence in a proceeding except to determine liability under 20170SB0172PN1067 - 6 - this section.

The restrictions provided in this paragraph 20170SB0172PN0148 - 6 - 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) It shall be a defense to a violation under this 20170SB0172PN1067 - 7 - section that the person receiving the notice of violation was 20170SB0172PN0148 - 7 - not the owner of the vehicle at the time of the offense.

(h) Authority and duties of department and Pennsylvania Turnpike Commission.-- (1) The department and Pennsylvania Turnpike Commission shall each establish a five-year THREE-YEAR automated speed <-- enforcement system program not later than 18 months following the effective date of 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 20170SB0172PN1067 - 8 - issued or amount of fines imposed or generated.

20170SB0172PN0148 - 8 - (ii) The system administrator shall prepare and issue notices of violation.

(A) Seventy-five FORTY-FIVE percent of the fines <-- over the duration of the five-year THREE-YEAR program <-- from violations occurring in an automated speed enforcement system on either an interstate highway managed by the department or an interstate highway or freeway under the jurisdiction of the Pennsylvania Turnpike Commission shall be deposited into a restricted account in the State Treasury on a quarterly basis.

(I) Fifty-five percent of the funds shall be 20170SB0172PN1067 - 9 - dedicated and used for the purpose of recruiting, 20170SB0172PN0148 - 9 - training or equipping Pennsylvania State Police Cadets.

(B) Twenty-five FIFTEEN percent of the fines <-- over the duration of the five-year THREE-YEAR program <-- from violations occurring in an automated speed enforcement system 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.

(C)(iv) FORTYIf PERCENTthe OFamount THEof FINESfunds OVERunder THEsubparagraph DURATION(iii) <--(A) 20170SB0172PN1067is -lower 10than -the OFamount THEof THREE-YEARfunds PROGRAMunder FROMsubparagraph VIOLATIONS(iii)(A) OCCURRINGfor INthe ANprevious AUTOMATEDfiscal SPEEDyear, ENFORCEMENTfunds SYSTEMfrom SHALLthe BE20170SB0172PN0148 DEPOSITED- IN10 THE- MOTORMotor LICENSELicense FUNDFund ANDmay SHALLnot BEbe APPROPRIATEDused BYto THEsupplement GENERALthe ASSEMBLY.funds for the current fiscal year.

(iv) 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.

(v) If the five-year THREE-YEAR program is not <-- extended by the General Assembly, any remaining fines remitted to the department or Pennsylvania Turnpike Commission shall remain with the department or Pennsylvania Turnpike Commission 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.

(4) Not later than April 1 annually, the department and Pennsylvania Turnpike Commission shall submit a report on the 20170SB0172PN1067 - 11 - 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.

(i) The number of vehicular accidents and related 20170SB0172PN0148 - 11 - serious injuries and deaths in all work zones and in automated speed enforcement work areas where the program operated.

(4) If payment is not received within 90 days of original notice, the department or Pennsylvania Turnpike 20170SB0172PN1067 - 12 - Commission may turn the matter over to applicable credit collection agencies.

(j) Contest.-- (1) An owner may, within 30 days of the mailing 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 20170SB0172PN0148 - 12 - prescribed form.

(k) Expiration.--This section shall expire five THREE years <-- from the effective date of this section.

The Secretary of Transportation or the Chairman of the Pennsylvania Turnpike Commission shall publish a notice 20170SB0172PN1067 - 13 - in the Pennsylvania Bulletin when an automated speed enforcement system is operational in this Commonwealth.

§ 3369(h)(2) shall take 20170SB0172PN0148 - 13 - effect in 45 days.

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