Act 86 of 2018: Program Management Standards of Speed-Enforcement Cameras in Pennsylvania

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Act 86 of 2018: Program Management Standards of Speed-Enforcement Cameras in Pennsylvania Nolan R. Ritchie, M.P.A., Executive Director Pennsylvania Senate Transportation Committee Office of Senator John C. Rafferty, Jr. (R-44) APC/PennDOT Fall Seminar, Hershey, PA Technology Tools Workshop Session November 15, 2018

Agenda Terminology, Bill History, and Act 86 Stakeholders Applicability and ASE Set-Up Violations and Motorist Protections Oversight and Management Work Zone and Highway Safety Investments

Section 1: Terminology, Bill History, and Act 86 Stakeholders

Terminology Acronym Meaning Act 86 Senate Bill 172 of the 2017-18 Session (Enacted) ASE Automated Speed Enforcement LIDAR Light Detection and Ranging PennDOT Pennsylvania Department of Transportation PTC Pennsylvania Turnpike Commission PSP Pennsylvania State Police RADAR Radio Detection and Ranging TAC Transportation Advisory Committee 3116 Automated Red Light Enforcement Systems in 1 st Class Cities 3369 Automated Speed Enforcement Systems in Active Work Zones 3368 Speed Timing Devices 3370 Pilot Program for ASE on Designated Highway

Terminology ASE System An electronic traffic sensor system that is able to automatically detect vehicles exceeding the posted speed limit with a type of speed timing device, and produces a recorded image that shows a clear and legible identification of only the vehicle s license plate, location, and date and time.

Terminology ASE Work Area An active work zone where construction, maintenance, or utility workers are located on the roadway, berm, or shoulder, where workers are adjacent to an active travel lane, and where an automated speed enforcement system is active. Workers shall also be considered adjacent to an active travel lane where workers are present and are protected by a traffic barricade.

Bill History S.B. 172, Printer s No. 2024 - Final Passage Senate: 47-1 House: 173-22

Bill History The final weeks of legislative negotiations were comparable to a roller coaster. Legislative leadership coupled with stakeholder engagement produced a dynamic network to solve issues efficiently and effectively. We were determined to advance S.B. 172 to the Governor s Desk. Hersheypark s Skyrush Roller Coaster

Bill History ASE in Active Work Zones ( 3369) LIDAR for PSP ( 3368) ASE on Roosevelt Boulevard ( 3370)

Act 86 Stakeholders Senator Argall (R-29) Senator Rafferty (R-44) Senator Schwank (D-11) Special thanks to Senate and House Leadership, Senate and House Transportation Committees, PennDOT, PTC, PSP, Associated PA Constructors, PA State Troopers Association, AAA, PA Aggregates and Concrete Association, PA Asphalt Pavement Association, Vision Zero Alliance in Philadelphia, and others.

Section 2: Applicability and ASE Set-Up

Applicability Active work zones on the federal-aid highway system under the jurisdiction of and determined by PennDOT and PTC through 2024.

ASE Set-Up At least 2 warning signs before the active work zone. At least 1 sign indicating if the ASE is active or not active. An appropriate sign placed at the end of the active work zone.

Section 3: Violations and Motorist Protections

Violations Driving in excess of the posted speed limit in an ASE work area by at least 11 M.P.H. is a violation. Penalties for a violation of 3369: 1 st offense: A written warning. 2 nd offense: A fine of $75. 3 rd and subsequent offenses: A fine of $150. Act 86 only applies to speeders!

Motorist Protections A violation notice sent by first class mail within 30 days shall include: A copy of the recorded image showing the vehicle with its license plate. The vehicle registration number and state of issuance. Verification that the ASE was operating correctly. The date of the most recent inspection of the ASE. The date, time, and place of the alleged violation. Notice that the violation charged is under 3369. Instructions for return of the notice of violation*. 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. *If payment is not received within 90 days of original notice, PennDOT or PTC may turn the matter over to a credit collection agency.

Motorist Protections Defense Options The vehicle was reported stolen The vehicle was owned by another person The ASE system was not in compliance The violation notice was not mailed timely

Section 4: Oversight and Management

Oversight and Management PSP System Administrator Highway Workers PennDOT PTC General Assembly

Oversight and Management PennDOT (and PTC) may promulgate regulations. PennDOT and PTC shall serve (directly or) through a system administrator. PennDOT and PTC must post ASE locations on their websites. Act 86 does not dictate number of ASE locations.

Oversight and Management PSP shall receive certification (from PennDOT/PTC) when an ASE is active. A violation shall be affirmed by an authorized member of the PSP. Recorded images shall be destroyed within 1 year (by PennDOT/PTC).

Oversight and Management System Administrator Requirements Complete Training Maintain Daily ASE Log Mail Violation Novices Manage the Hearings Send Invoices to Agencies

Oversight and Management Annual report to Senate and House Transportation Committees. What are the results and outcomes? Will we change driver behavior?

Section 5: Work Zone and Highway Safety Investments

Work Zone and Highway Safety Investments Act 86 Allocations (Years 1-3) 45% transferred to PSP, including 55% for recruiting, training, or equipping PSP Cadets and 45% for an increased PSP presence in work zones. 40% deposited in the Motor License Fund and appropriated by the General Assembly. General Assembly 40% PennDOT/PTC 15% 15% transferred to PennDOT or PTC, as applicable, for work zone and highway safety. PSP 45%

Work Zone and Highway Safety Investments Act 86 Allocations (Years 4-5) PennDOT and PTC shall develop a Work Zone and Highway Safety Program. Improve safety in work zones and on highways. Increase awareness of distracted driving. Support transportation enhancements ( 3116). If the 5-year program is not extended by the General Assembly, remaining fines are allocated to this program.

Closing Remarks

Comparison of Act 86 and 2012 TAC Study 2012 TAC Study Recommendation Act 86 1. Authorization Yes 2. Procure a vendor Yes 3. Implement in any work zone Partially 4. Tie work zone violations to the vehicle owner, not the driver Yes 5. Provide a speed variance before issuing citations Yes 6. Work zone fines and penalties Partially 7. Operate ASE only in active work zones Yes 8. Posting of warning signs and speed display Partially 9. Provide authority to issue citations to a properly trained enforcement officer Yes 10. Reduce, but do not eliminate, the use of PSP in work zones No *To access the 2012 TAC study, please visit www.talkpatransportation.com/advisory-committees/tac-reports-studies.

Act 86 Executive Summary Establishes a 5 year pilot program for the use of ASE in active work zones on federal-aid highways under the jurisdiction of PennDOT and PTC. Motorists caught driving in excess of the posted speed limit by at least 11 M.P.H. in active work zones would be subject to a written warning for the first offense, a $75 fine for the second offense and $150 for the third and subsequent offenses. Violation notices must be inspected by an authorized member of PSP and mailed to the vehicle s registered owner within 30 days of the violation. At least 2 warning signs must be placed before the active work zone, at least 1 sign must indicate if the ASE is active, and an appropriate sign must be at the end of the active work zone. PennDOT s and PTC s websites must contain all ASE locations. Annual reports shall be prepared for the Senate and House Transportation Committee Chairs. After all administrative costs are deducted, fines from ASE in active work zones shall be appropriated by the General Assembly, PSP, PennDOT, and PTC, as applicable.

Effective Dates 3369 effective on February 16, 2019 3369 (c), relating to the liability provision, effective 60 days after publication in the PA Bulletin 3369 expires on February 16, 2024

Why Act 86? To End Work Zone Tragedies

Contact Information Nolan R. Ritchie, M.P.A., Executive Director Pennsylvania Senate Transportation Committee Office of Senator John C. Rafferty, Jr. (R-44) E: nritchie@pasen.gov T: 717-787-1398 W: transportation.pasenategop.com