§ 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).