[Added 1-7-2013 by Ord. No. 13-02]
A.
General rule. The Municipality of Norristown, upon enactment of this
article, is authorized to enforce Section 3112(a)(3) of the Pennsylvania
Vehicle Code[1] (relating to traffic control signals) by recording violations
using an automated red light enforcement system approved by the Department
of Transportation of the Commonwealth of Pennsylvania (the "Department").
[1]
Editor's Note: See 75 Pa. C.S.A. § 3112.
B.
Applicability. This article shall only be applicable at intersections in the Municipality designated by the Municipality with the approval of the Secretary of the Department under the requirements of Subsection C.
C.
Automated red light enforcement systems shall be installed when the
Municipality provides notice to the Department of the location of
each intersection. After receiving notice, and before the system may
be installed, the Department shall have 60 days to review each proposed
intersection and to issue a recommendation to the Municipality which
shall include all of the following:
D.
No system shall be installed if the Department does not issue a recommendation
approving the location to the Municipality.
E.
The Department may identify the location of an alternate intersection
in the Municipality that it determines is appropriate for an automated
red light enforcement system.
G.
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 Municipality, shall be prima facie evidence
of the facts contained in it. The Municipality must include a written
statement 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) of the Pennsylvania Vehicle Code
shall be admissible in any judicial or administrative proceeding to
adjudicate the liability for the violation.
H.
Penalty.
(2)
A fine is not authorized for a violation of this article if any of
the following apply:
(5)
A penalty imposed under this article shall not be deemed a criminal
conviction and shall not be made part of the operating record, under
Title 75 of the Pennsylvania Consolidated Statutes, Section 1535,[3] 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.
[3]
Editor's Note: See 75 Pa. C.S.A. § 1535.
(6)
No surcharge points may be imposed in the provision of motor vehicle
insurance coverage. Fines collected under this section shall not be
subject to Title 42 of the Pennsylvania Consolidated Statutes, Section
3571, relating to the commonwealth portion of fines, etc., or Title
42 of the Pennsylvania Consolidated Statutes, Section 3573, relating
to the municipal corporation portion of fines, etc.[4]
[4]
Editor's Note: See 42 Pa. C.S.A. §§ 3571 and
3573.
I.
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 under
this article 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
may only record traffic violations and may not be used for any other
surveillance purposes. The restrictions set forth under this subsection
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 article and information relating to violations under this
article which is kept by the Municipality, its authorized agents or
employees, including recorded images, written records, reports or
facsimiles, names and addresses, shall be for the exclusive use of
the Municipality, its authorized agents, its employees and law enforcement
officials for the purpose of discharging their duties under this article
and under any ordinances and resolutions of the Municipality. 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."[5] 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 article
or any ordinance or resolution of the Municipality. The restrictions
set forth under this subsection 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.
[5]
Editor's Note: See 65 P.S. § 67.101 et seq.
(4)
Recorded images obtained through the use of automated red light enforcement
systems deployed as a means of promoting traffic safety in the Municipality
shall be destroyed within 30 days following the final disposition
of any recorded event. The Municipality shall file notice with the
Department of State that the records have been destroyed in accordance
with this subsection.
(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 article 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 article.
J.
Defenses.
(1)
It shall be a defense to a violation under this article 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 Municipality 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 under this article 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 under this article 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 article that the
person receiving the notice of violation was not the owner or lessor
of the vehicle at the time of the offense.
(4)
When a police officer issues a citation for a violation of Title 75 of the Pennsylvania Consolidated Statutes, Section 3112(a)(3), at a location of an automated red light enforcement system, this article does not apply. In such situations, the recorded images produced by the automated red light enforcement system may be used as evidence consistent with Subsection I above of this article. A motor vehicle citation issued by a police officer at a location of an automated red light enforcement system shall be governed by the Pennsylvania Vehicle Code pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Section 101 et seq., and shall not be governed by this article.[6]
[6]
Editor's Note: See 75 Pa. C.S.A. § 101 et seq.
K.
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.
L.
Duty of the Municipality.
(1)
The Municipality may not use an automated red light enforcement system
unless an appropriate sign is posted 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 Municipality or its designee shall serve as the system administrator
to supervise and coordinate the administration of notices of violations
issued under this article.
(3)
The following apply:
(a)
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 Title 75 of the Pennsylvania Consolidated Statutes,
Section 3112(a)(3). The issuance of the notice of violation must be
done by a police officer employed by the Municipality. The notice
of violation must have attached to it all of the following:
[1]
A copy of the recorded image showing the vehicle.
[2]
The registration number and state of issuance of the vehicle
registration.
[3]
The date, time and place of the alleged violation.
[4]
Notice that the violation charged is under Title 75 of the Pennsylvania
Consolidated Statutes Section 3112(a)(3).
[5]
Instructions for return of the notice of violation.
(b)
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."
M.
System administrator.
(1)
The system administrator may hire and designate personnel as necessary
or contract for services to implement this article.
(2)
The system administrator shall process fines issued under this article.
(3)
The system administrator shall submit an annual report to the Chairman
and 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 be considered a
public record under the Right-to-Know Law and include, for the prior
year:
N.
Notice to owner. In the case of a violation involving a motor vehicle
registered under the laws of the Commonwealth of Pennsylvania (the
"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, 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 the 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 vehicle. A notice of violation under this article must be provided
to an owner within 90 days of the commission of the offense.
O.
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.
P.
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, 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 under this article, to
the Department for deposit into a restricted receipts account in the
Motor License Fund.
(3)
Payment of the established fine and applicable penalties shall operate
as a final disposition of the case.
Q.
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 Municipality. 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 Magisterial District
Judge.
(4)
If the owner requests in writing that the decision of the hearing
officer be appealed to the Magisterial District Judge, the system
administrator shall file the notice of violation and supporting documents
with the Magisterial District Judge, who shall hear and decide the
matter de novo.
R.
Compensation to manufacturer or vendor. 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.
S.
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 Municipality.
T.
Revenue limit. The Municipality 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 § 305-75.
U.
Expiration. This article shall expire July 15, 2017, unless it is
permitted by the Pennsylvania Legislature to remain in full force
and effect by an affirmative legislative enactment to that effect.
V.
Definitions. As used in this article, the term "designee" shall include
a person, business entity or governmental entity, including the Department.
W.
Costs and additional fees. The costs and additional fees and the
informal hearing procedures shall be as follows:
(1)
The total sum of costs and additional fees payable by a person who fails to answer a notice of violation issued pursuant to this § 305-75 shall be:
(a)
Twenty dollars for each notice that remains unappealed or unpaid
for more than 30 days from its issuance;
(b)
Twenty-five dollars for each notice that remains unappealed
or unpaid for more than 60 days from its issuance; and
(c)
Thirty dollars for each notice that remains unappealed or unpaid
for more than 90 days from its issuance.
X.
Informal hearing procedures.
(1)
The system administrator, as defined in Subsection M above, shall appoint hearing officers as shall be necessary to carry out the provisions of this article, and the system administrator shall have the power to provide by regulation additional rules for the hearing and determination of cases involving alleged violation of the provisions of this article and Section 3112(a)(3) of the Pennsylvania Vehicle Code.
(2)
The system administrator shall not be required to submit any evidence
other than the following, which shall be admissible in such a hearing:
(a)
The notice of violation, including the recorded image evidencing
a violation of Sections 3112(a)(3) and 3117 of the Pennsylvania Vehicle
Code and of this article.
(b)
Information from the Department or from another official in
the jurisdiction having charge of the registration of the vehicle.
(c)
A certificate or a facsimile of a certificate, sworn to or affirmed
by a Municipality police officer based upon inspection of recorded
images produced by the automated red light enforcement systems, which
shall be prima facie evidence of the facts contained in it; provided,
however, that the written documentation provides that the automated
red light enforcement system was operating correctly at the time of
the alleged violation.
(d)
The Municipality police officer who signs the notice of violation
shall not be required to appear at the hearing unless the respondent
has denied liability and the hearing officer determines that the police
officer's presence is required. The hearing officer may grant a reasonable
continuance if the officer is not available at the time of the hearing.
(e)
The system administrator shall provide the owner with notice
of the decision of the hearing officer, together with any reasons
provided by the hearing officer, and advise the owner of his/her right
to appeal the decision of the hearing officer. If the owner does not
notify the system administrator of a desire to appeal the decision
within 30 days of the mailing of the notice of the decision of the
hearing officer, the decision shall be final, and liability shall
be established pursuant to the decision.
