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(1) The Philadelphia Parking Authority 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 speed enforcement system as evidence of a violation of Section 3370 of the Vehicle Code and this Chapter.
(2) The notice of violation must include:
(a) the name of the registered owner of the vehicle;
(b) 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 Sections 3362 and 3370 of the 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; and
(h) instructions for return of the notice of violation, which shall read: "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 authenticated by a City police officer who swears or affirms that he or she has inspected the recorded images evidencing the violation and the information set forth in the notice of violation and that he or she has reason to believe the information contained in the notice of violation is true and correct.
(4) In the case of a violation involving a motor vehicle registered under the laws of Pennsylvania, 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 of Transportation.
(5) In the case of motor vehicles registered in jurisdictions other than Pennsylvania, 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 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.
(6) The provisions of Chapter 12-1400 shall not apply to this Chapter.
(1) Fines for a violation under this Chapter are as follows:
(a) When the vehicle exceeds the posted speed limit by 11 miles per hour or more, but by less than 20 miles per hour, one hundred dollars ($100).
(b) When the vehicle exceeds the posted speed limit by 20 miles per hour or more, but by less than 30 miles per hour, one hundred twenty-five dollars ($125).
(c) When the vehicle exceeds the posted speed limit by 30 miles per hour or more, one hundred fifty dollars ($150).
(d) No more than three violation notices establishing fines shall be issued for violations occurring within any thirty-minute period, provided that the notices issued shall be for the violations within such period with the highest corresponding fine amounts.
(2) Additional Penalties.
(a) Additional penalties for failure to answer a notice of violation by payment of the fine or requesting a hearing regarding the notice of violation are as follows:
(.a) twenty dollars ($20) for each notice which remains unanswered for more than 30 days from issuance;
(.b) an additional twenty-five dollars ($25) for each notice which remains unanswered for more than 60 days from issuance; and
(.c) an additional thirty dollars ($30) for each notice which remains unanswered for more than 90 days from issuance.
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, and any applicable penalties, pursuant to payment terms set forth in the notice. Payment of the established fine and any applicable penalties shall operate as a final disposition of the case.
(1) No vehicle owner shall be liable pursuant to this Chapter if he or she has been issued a violation notice pursuant to Section 3362 of the Vehicle Code for the same incident of conduct.
(2) It shall be a defense to a violation under this Chapter that:
(a) the person receiving the notice of violation was not the owner of the vehicle at the time of the offense;
(b) the person named in the notice of the violation was not operating the vehicle at the time of the violation, based on the submission of evidence. To raise such a defense, the owner is not required to disclose the identity of the operator of the vehicle at the time of the violation;
(c) the vehicle was reported stolen to a state or municipal police department prior to the time the violation occurred and was not recovered before the violation; or
(d) the device being used to determine speed was not in compliance with Section 3368 of the Vehicle Code (relating to speed timing devices) with respect to testing for accuracy, certification or calibration.
(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 Parking Authority 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 matter shall be scheduled before a hearing officer appointed by the Director of Finance. Written notice of the date, time and place of hearing must be sent by first-class mail to the owner.
(3) Hearings pursuant to this Chapter shall be conducted pursuant to 2 Pa. C.S. Ch. 5 (relating to practice and procedure) and will be subject to appeal pursuant to 2 Pa. C.S. Ch. 7 (relating to judicial review).
(4) At a hearing pursuant to this Chapter, no evidence of violation need be submitted other than the following, which shall be admissible in such hearing:
(a) the notice of violation, including the recorded image evidencing the violation, which shall be prima facie evidence of the facts contained in it, provided that: (i) it contains the required authentication of the City police officer; and that (ii) written documentation is provided that the automated speed enforcement system was operating correctly at the time of the alleged violation and has been tested for accuracy at regular intervals as designated by the Department of Transportation; and
(b) information from a state department of transportation or motor vehicles identifying the owner of the vehicle.
(5) The police officer who signed the authentication shall not be required to appear at the hearing unless the hearing officer determines that the officer's presence is required. The hearing officer may grant a reasonable continuance if the officer is not available at the time of hearing.
(6) The Parking Authority 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 in court.
(7) The Director of Finance has the authority to provide by regulation for additional rules for the hearing and determination of cases involving violations under this Chapter.
Use and maintenance of: an automated speed enforcement system; the images obtained in the use of such a system; and registered vehicle owner information obtained in connection with use of such a system shall be subject to the protections and limitations set forth in Section 3370(f) of The Vehicle Code.