2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 31 - General Provisions
3116 - Automated red light enforcement systems in first class cities.

     § 3116.  Automated red light enforcement systems in first class
                cities.
        (a)  General rule.--
            (1)  A city of the first class, upon passage of an
        ordinance, is authorized to enforce section 3112(a)(3)
        (relating to traffic-control signals) by recording violations
        using an automated red light enforcement system approved by
        the department.
            (2)  This section shall only be applicable at
        intersections in the city of the first class agreed upon by
        the system administrator and the Secretary of Transportation
        who shall consider using the automated red light enforcement
        system at the following intersections:
                (i)  U.S. Route 1 (Roosevelt Boulevard) at Grant
            Avenue, at Red Lion Road and at Cottman Street.
                (ii)  Kensington Avenue at Clearfield Street.
                (iii)  Richmond Street at Allegheny Avenue and at
            Castor Avenue.
                (iv)  Aramingo Avenue at York Street.
                (v)  Thompson Street at Lehigh Avenue.
                (vi)  Broad Street at Washington Avenue.
        (b)  Owner liability.--For each violation pursuant to this
     section, the owner of the 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 (f).
        (c)  Certificate as evidence.--A certificate, or a facsimile
     of a certificate, based upon inspection of recorded images
     produced by an automated red light 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 red light enforcement system was operating correctly
     at the time of the alleged violation. A recorded image
     evidencing a violation of section 3112(a)(3) 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 $100 unless a lesser amount is set by
        ordinance.
            (2)  A fine is not authorized for a violation of this
        section if any of the following apply:
                (i)  The intersection is being manually controlled.
                (ii)  The signal is in the mode described in section
            3114 (relating to flashing signals).
            (3)  A fine is not authorized during:
                (i)  The first 120 days of operation of the automated
            system at the initial intersection.
                (ii)  The first 60 days for each additional
            intersection selected for the automated system.
            (3.1)  A warning may be sent to the violator under
        paragraph (3).
            (4)  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.
            (5)  No surcharge points may be imposed in the provision
        of motor vehicle insurance coverage. Fines 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)  Limitations.--
            (1)  No automated red light enforcement system shall be
        utilized in such a manner as to take a frontal view recorded
        image of the vehicle as evidence of having committed a
        violation.
            (2)  Notwithstanding any other provision of law, camera
        equipment deployed as part of an automated red light
        enforcement system as provided in this section must be
        incapable of automated or user-controlled remote intersection
        surveillance by means of recorded video images. Recorded
        images collected as part of the automated red light
        enforcement system must only record traffic violations and
        may not be used for any other surveillance purposes. 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, its authorized agents or its
        employees, including recorded images, written records,
        reports or facsimiles, names, addresses 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 June 21, 1957 (P.L.390,
        No.212), referred to 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 red light 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. The city shall file notice with the
        Department of State that the records have been destroyed in
        accordance with this section.
            (5)  Notwithstanding any other provision of law,
        registered vehicle owner information obtained as a result of
        the operation of an automated red light enforcement system
        under this section shall not be the property of the
        manufacturer or vendor of the automated red light enforcement
        system and may not be used for any purpose other than
        prescribed in this section.
        (f)  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 operating the 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
        vehicle to disclose the identity of the operator of the
        vehicle at the time of the violation.
            (2)  If an owner receives a notice of violation pursuant
        to this section of a time period during which the vehicle was
        reported to a police department of any state or municipality
        as having been stolen, it shall be a defense to a violation
        pursuant to this section that the 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 vehicle at the time of the offense.
        (g)  Department approval.--No automated red light 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 such systems.
        (h)  Duty of city.--If a city of the first class elects to
     implement this section, the following provisions shall apply:
            (1)  The city may not use an automated red light
        enforcement system unless there is posted an appropriate sign
        in a conspicuous place before the area in which the automated
        red light enforcement device is to be used notifying the
        public that an automated red light enforcement device is in
        use immediately ahead.
            (2)  The city 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.
            (3)  The system administrator shall prepare a notice of
        violation to the registered owner of a vehicle identified in
        a recorded image produced by an automated red light
        enforcement system as evidence of a violation of section
        3112(a)(3). The issuance of the notice of violation must be
        done 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 attached to it a
        copy of the recorded image showing the vehicle; the
        registration number and state of issuance of the vehicle
        registration; the date, time and place of the alleged
        violation; that the violation charged is under section
        3112(a)(3); and instructions for return of the notice of
        violation. The text of the notice must be as follows:
            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.
        (i)  System administrator.--
            (1)  The system administrator may hire and designate
        personnel as necessary or contract for services to implement
        this section.
            (2)  The system administrator shall process fines issued
        pursuant to this section.
            (3)  The system administrator shall submit an annual
        report to the chairman and the minority chairman of the
        Transportation Committee of the Senate and the chairman and
        minority chairman of the Transportation Committee of the
        House of Representatives. The report shall include for the
        prior year:
                (i)  The number of violations and fines issued.
                (ii)  A compilation of fines paid and outstanding.
                (iii)  The amount of money paid to a vendor or
            manufacturer under this section.
        (j)  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, 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, 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 vehicle. A notice of
     violation under this section must be provided to an owner within
     90 days of the commission of the offense.
        (k)  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.
        (l)  Payment of fine.--
            (1)  An owner 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 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 the Motor License Fund.
        Fines deposited in the fund under this paragraph shall be
        used by the department to develop, by regulation, a
        Transportation Enhancements Grant Program.
            (3)  Payment of the established fine and applicable
        penalties shall operate as a final disposition of the case.
        (m)  Hearing.--
            (1)  An owner to whom a notice of violation has been
        issued may, within 30 days of the mailing 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.
            (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.
            (3)  The hearing shall be informal; the rules of evidence
        shall not apply; and the decision of the hearing officer
        shall be final, subject to the right of the owner to appeal
        the decision to the traffic court.
            (4)  If the owner requests in writing that the decision
        of the hearing officer be appealed to the traffic court, the
        system administrator shall file the notice of violation and
        supporting documents with the traffic court, which shall hear
        and decide the matter de novo.
        (n)  Compensation to manufacturer or vendor.--If a city of
     the first class has established an automated red light
     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 red light 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 red light enforcement system.
        (o)  Duration of yellow light change interval.--The duration
     of the yellow light change interval at intersections where
     automated red light enforcement systems are in use shall conform
     to the yellow light change interval duration specified on the
     traffic signal permit issued by the department or the first
     class city.
        (p)  Revenue limitation.--A city of the first class may not
     collect an amount equal to or greater than 5% 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,
     2011.
     (Oct. 4, 2002, P.L.845, No.123, eff. 60 days; Dec. 9, 2002,
     P.L.1278, No.152, eff. 60 days; Feb. 9, 2004, P.L.65, No.8; July
     14, 2005, P.L.285, No.50, eff. 60 days; Dec. 18, 2007, P.L.436,
     No.67, eff. imd.)

        2004 Amendment.  Section 4 of Act 9 of 2004 provided that the
     amendments to subsecs. (l)(2) and (q) by Act 8 shall take effect
     immediately.
        References in Text.  The act of June 21, 1957 (P.L.390,
     No.212), referred to as the Right-to-Know Law, referred to in
     subsec. (e)(3), was repealed by the act of Feb. 14, 2008 (P.L.6,
     No.3), known as the Right-to-Know Law.
        Cross References.  Section 3116 is referred to in section
     1332 of this title.