§ 12-3007. Notification of Violation.

   (1)   The System Administrator shall prepare and mail a notice of violation addressed 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) of the Motor Vehicle Code and this Chapter. 450

   (2)   The notice of violation must include:

      (a)   the name of the registered owner of the vehicle;

      (b)   the registration number and state of issuance of the vehicle registration;

      (c)   the date, time and place of the alleged violation;

      (d)   a statement that the violation charged is under Section 3112(a)(3) of Title 75 of the Pennsylvania Consolidated Statutes (The Motor Vehicle Code) and this Chapter;

      (e)   the penalty for the violation;

      (f)   a copy of the recorded image showing the vehicle;

      (g)   the date on which the notice was mailed;

      (h)   instructions for return of the notice of violation; and

      (i)   the following text: 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. Failure to return this notice or to request a hearing within 30 days of mailing of this notice shall be considered an admission of liability.

   (3)   The notice of violation must be signed by a City police officer verifying that he or she has inspected the recorded images evidencing the violation and that he or she has reason to believe the information contained in the notice of violation is true and correct.

   (4)   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.

   (5)   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 of Transportation. 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. 451

   (6)   The provisions of Chapter 12-1400 shall not apply to this Chapter.

   (7)   The total sum of costs and additional fees payable by a person who fails to answer a notice of violation issued pursuant to this Chapter shall be: 452

      (a)   twenty dollars ($20) for each notice which remains unappealed or unpaid for more than thirty (30) days from issuance; and

      (b)   twenty-five dollars ($25) for each notice which remains unappealed or unpaid for more than sixty (60) days from issuance; and

      (c)   thirty dollars ($30) for each notice which remains unappealed or unpaid for more than ninety (90) days from issuance.

 

Notes

450	Amended, Bill No. 080931 (approved February 25, 2009).
451	Amended, Bill No. 120954 (approved January 14, 2013).
452	Added, Bill No. 060320 (became law June 15, 2006). The Law Department advised, by memorandum dated June 12, 2006, that the amendments to the Code set forth in Bill No. 060320 exceed City Council's powers.

§ 12-3008. Admission of Responsibility and Payment of Fine.

   An owner to whom a notice of violation has been issued may admit responsibility for the violation and pay the fine set forth in the notice. 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. Payment of the established fine shall operate as a final disposition of the case.

§ 12-3009. Request for a 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. Written notice of the date, time and place of hearing must be sent by first class mail to the owner.

§ 12-3010. Hearings.

   (1)   The Director of Finance shall appoint such Hearing Officers as shall be necessary to carry out the provisions of this Chapter and shall have the power to provide by regulation additional rules for the hearing and determination of cases involving alleged violations of provisions of this Chapter.

   (2)   Hearings pursuant to this Chapter 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.

   (3)   The System Administrator shall not be required to submit any evidence other than the following, which shall be admissible in such hearing:

      (a)   the notice of violation, including the recorded image evidencing a violation of Section 3112(a)(3) of the Motor Vehicle Code and this Chapter;

      (b)   information from a state department of transportation or motor vehicles identifying the owner of the vehicle; and

      (c)   a certificate, or a facsimile of a certificate, sworn to or affirmed by a City police officer based upon inspection of recorded images produced by an automated red light enforcement system, which shall be prima facie evidence of the facts contained in it; provided, however, that written documentation is provided that the automated red light enforcement system was operating correctly at the time of the alleged violation.

   (4)   The 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 hearing.

   (5)   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 or 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 mailing of the notice of the decision of the Hearing Officer, the decision shall be final and liability shall be established pursuant to such decision.

§ 12-3011. Appeals.

   (1)   If the owner requests in writing that the decision of the Hearing Officer be appealed, 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.

§ 12-3012. 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 a violation. 453

   (2)   Notwithstanding any other provision of law, camera equipment deployed pursuant to this Chapter 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 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. 454

   (3)   Notwithstanding any other provision of law, information prepared under this Chapter and information relating to violations under this Chapter which is kept by the City or its authorized employees or agents, including recorded images, written records, reports or facsimiles, names, addresses and the number of violations under this Chapter, shall be for the exclusive use of the City, its employees, its authorized agents and law enforcement officials for the purpose of discharging their duties under this Chapter. The information shall not be deemed a public record under the act of February 14, 2008 (P.L. 6, No. 3), as amended, 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 Chapter. The restrictions set forth in 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. The restrictions set forth in this subsection are intended to protect the privacy of individuals and refer to information relating to specific drivers and vehicles. Nothing in this subsection shall prevent the City or its authorized agents from providing the public with statistical information regarding the number of violations and fines imposed, a compilation of fines paid and outstanding and the amount of money paid to a vendor or manufacturer under this Section, provided that no individual driver or vehicle is identified. 455

   (4)   Recorded images obtained through the use of automated red light enforcement systems pursuant to this Chapter 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 Chapter. 456

   (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 Chapter 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 Chapter.

   (6)   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 for such signal.

 

Notes

453	Amended, Bill No. 080931 (approved February 25, 2009).
454	Amended, Bill No. 080931 (approved February 25, 2009).
455	Amended, Bill No. 051107 (approved February 23, 2006); amended, Bill No. 080931 (approved February 25, 2009); amended, Bill No. 120954 (approved January 14, 2013).
456	Amended, Bill No. 080931 (approved February 25, 2009).