An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in general provisions relating to operation of vehicles, providing for automated litter enforcement systems in public rights-of-way and highways; and imposing penalties.

PRINTER'S NO. 3425
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2526
Session of
2026
INTRODUCED BY DAY, MAY 20, 2026
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, MAY 21, 2026
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions relating to operation of
vehicles, providing for automated litter enforcement systems
in public rights-of-way and highways; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 75 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3118. Automated litter enforcement systems in public rights-
of-way and highways.
(a) Establishment.--Subject to the requirements of this
section, the department, commission or a municipality may
establish and use automated litter enforcement systems in public
rights-of-way and highways to enforce littering violations in
litter enforcement zones.
(b) Authorization.--
(1) The department may authorize the use of an automated
litter enforcement system on any State-designated highway.
(2) The commission may authorize the use of an automated
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litter enforcement system on any portion of the Pennsylvania
Turnpike.
(3) Subject to subsection (c), a municipality may
authorize the use of an automated litter enforcement system
on any highway under the jurisdiction of the municipality.
(c) Municipal requirements.--Prior to the use of an
automated litter enforcement system in a litter enforcement zone
under the jurisdiction of a municipality and except as provided
in subsection (d), the municipality shall:
(1) Enact a local ordinance authorizing the general use
of automated litter enforcement systems in a litter
enforcement zone under the jurisdiction of the municipality.
(2) Transmit a copy of the ordinance to the department.
(3) Provide a statement of policy to the department
outlining the criteria the municipality will use when
determining litter enforcement zones for the use of an
automated litter enforcement system.
(4) Provide documentation to the department, as
determined by the department, demonstrating all of the
following:
(i) That the automated litter enforcement system
complies with this section and has been approved by the
department under subsection (o).
(ii) That the municipality will comply with this
section.
(iii) That the system administrator, if applicable,
on the municipality's behalf, will comply with this
section.
(5) Provide documentation that the municipality has
entered into an agreement with a police department for the
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review of violations in accordance with subsection (k).
(6) Receive approval from the department to operate an
automated litter enforcement system in a litter enforcement
zone under the jurisdiction of the municipality.
(d) Exception.--If the department or the commission
authorizes the use of an automated litter enforcement system in
a litter enforcement zone that includes both a highway under the
jurisdiction of the department or the commission and a local
highway under the jurisdiction of a municipality, the department
or the commission may use the automated litter enforcement
system in the litter enforcement zone regardless of whether the
municipality has been approved to operate an automated litter
enforcement system under subsection (c).
(e) Construction.--Subsection (c) shall not be construed to
require a municipality to identify each litter enforcement zone
on the specific highway the municipality intends to use an
automated litter enforcement system or require the municipality
to receive prior approval for each litter enforcement zone in
which the municipality intends to use an automated litter
enforcement system.
(f) Litter enforcement zone requirements.--Not less than one
warning sign shall be conspicuously placed before and after the
litter enforcement zone, in both directions of traffic,
notifying the public that an automated litter enforcement system
is in use. The signs shall:
(1) Be in conformance with Federal regulations and be of
a size and design determined by the department.
(2) Clearly and accurately indicate if the automated
litter enforcement system is active and in use.
(g) Violations.--A motor vehicle that deposits waste and
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other material on highways, property or waters and is identified
by an automated litter enforcement system violates this section
and shall be subject to penalties under subsection (i).
(h) Owner liability.--For each violation under subsection
(g), the owner of the motor vehicle shall be liable for the
penalty imposed under subsection (i) unless the owner has a
defense under subsection (n). For the purposes of this section,
the lessee of a leased vehicle shall be considered the owner of
a motor vehicle.
(i) Penalties.--An individual in violation of subsection (g)
shall be subject to penalties in accordance with the following:
(1) A violation under this section shall constitute a
fine of $200.
(2) The fine shall not be subject to 42 Pa.C.S. §§ 3571
(relating to Commonwealth portion of fines, etc.) and 3573
(relating to municipal corporation portion of fines, etc.),
or any other surcharges or fines not specifically authorized
by this section.
(3) A penalty imposed under this section shall not:
(i) Be deemed a criminal conviction.
(ii) Be made part of the operating record of the
individual upon whom the penalty is imposed under section
1535 (relating to schedule of convictions and points).
(iii) Be the subject of merit rating for insurance
purposes.
(iv) Authorize imposition of surcharge points in the
provision of motor vehicle insurance coverage.
(j) Notice of violation.--A notice of violation shall be
sent to the owner of a vehicle in violation of subsection (g) in
accordance with the following:
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(1) An action to enforce this section shall be initiated
by a notice of violation to the owner of a motor vehicle
identified by an automated litter enforcement system. A
notice of violation based upon inspection of recorded images
produced by an automated litter enforcement system and sworn
or affirmed by a police officer in accordance with subsection
(l) shall be prima facie evidence of the facts contained in
the notice.
(2) The notice of violation shall include written
verification that the automated litter enforcement system was
operating correctly at the time of the alleged violation and
the date of the most recent inspection, which shall be prima
facie evidence.
(3) The automated litter enforcement system operator
shall complete training offered by the manufacturer or vendor
of the automated litter enforcement system, including
training on any devices critical to the operation of the
system, or the manufacturer's or vendor's representative in
the procedures for setting up, testing and operating an
automated litter enforcement system. Upon completion of the
training, the manufacturer or vendor, or manufacturer's or
vendor's representative, shall issue a signed certificate to
the automated litter enforcement system operator which shall
be admitted as evidence in any court proceeding for a
violation involving an automated litter enforcement system.
An automated litter enforcement system operator shall fill
out and sign a daily log for an automated litter enforcement
system which:
(i) states the date, time and location of the system
setup;
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(ii) states that the automated litter enforcement
system operator successfully performed and the automated
litter enforcement system passed the self-tests specified
by the manufacturer or vendor of the automated litter
enforcement system;
(iii) shall be kept on file; and
(iv) shall be admitted in any proceeding for a
violation involving an automated litter enforcement
system.
(4) An automated litter enforcement system shall undergo
an annual calibration check performed by a calibration
laboratory. The calibration laboratory shall issue a signed
certificate of calibration after the annual calibration
check, which shall be kept on file and shall be admitted as
evidence in any proceeding for a violation involving an
automated litter enforcement system.
(5) The following shall be attached to the notice of
violation:
(i) A copy of the recorded image showing the motor
vehicle with its license plate visible.
(ii) The registration number and state of issuance
of the motor vehicle registration.
(iii) A verification statement that the automated
litter enforcement system was operating correctly at the
time of the alleged violation.
(iv) A statement that lists the date of the most
recent inspection shall be prima facie evidence that the
automated litter enforcement system was operating
properly.
(v) The date, time and place of the alleged
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violation.
(vi) A reference to this section.
(vii) Instructions for return of the notice of
violation.
(6) In the case of a violation involving a motor vehicle
subject to the laws of this Commonwealth, the notice of
violation shall be mailed within 30 days after the commission
of the violation or within 30 days after the discovery of the
identity of the owner, whichever is later, to the address of
the owner as listed in the records of the department.
(7) In the case of a violation involving a motor vehicle
from a jurisdiction other than this Commonwealth, the notice
of violation shall be mailed within 30 days after the
discovery of the identity of the owner to the address of the
owner as listed in the records of the official in the
jurisdiction having charge of the registration of the
vehicle.
(8) A notice of violation shall be invalid unless
provided to the owner within 90 days of the offense.
(9) The notice of violation shall include the following
text:
This notice shall be returned personally, by mail or
by an agent duly authorized in writing, within 30
days of the mailing date of the notice. A hearing may
be obtained upon the written request of the owner.
(10) 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
a judicial or administrative proceeding as to the facts
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contained in the notice.
(k) Agreements.--
(1) The department, the commission or a municipality may
enter into an agreement with a system administrator to
initiate actions to enforce this section through an automated
litter enforcement system.
(2) An agreement entered into under paragraph (1) by a
municipality shall be approved by a vote of the governing
body of the municipality. The meeting to consider approval of
an automated litter enforcement system shall be properly
noticed under 65 Pa.C.S. Ch. 7 (relating to open meetings).
(3) A municipality may only enforce this section if the
municipality has a written intergovernmental agreement with a
primary police department.
(4) The department or the commission may only enforce
this section if the department or the commission has a
written intergovernmental agreement with the Pennsylvania
State Police.
(5) Compensation under an agreement authorized under
paragraph (1) shall not require a minimum or maximum number
of violations to be issued that would impact the compensation
to the system administrator.
(6) The department, the commission or a municipality, or
the system administrator on their behalf, shall provide
notice of violation through a publicly accessible Internet
website that provides guidance and information related to the
system, including the appeals process and contact
information. The publicly accessible Internet website shall
remain publicly accessible throughout the period of use of
the automated litter enforcement system.
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(7) The department, the commission or a municipality, or
the system administrator on their behalf, shall establish an
electronic system where program information and all notices
of violations, in conformance with this section, can be
accessed and viewed by:
(i) The primary police department.
(ii) The department's hearing officer for conducting
appeals.
(8) The department, the commission or a municipality, or
the system administrator on their behalf, may utilize an
alternative system to share program information and all
notices of violations if the electronic system is unavailable
for any legitimate purpose.
(9) The department may randomly conduct audits of a
municipality or a system administrator to ensure compliance
with this section as determined by the department. If the
department conducts an audit, the department shall prepare a
summary of the audit, which shall be posted on the
department's publicly accessible Internet website.
(l) Police review.--
(1) A notice of violation, including a facsimile of a
notice of violation, based upon inspection of recorded images
produced by an automated litter enforcement system and sworn
to or affirmed by a police department shall be prima facie
evidence of the facts contained in it. The department, the
commission or a municipality, or the system administrator on
their behalf, must include written documentation that the
automated litter enforcement system was operating correctly
at the time of the alleged violation in order to enforce the
violation. A recorded image evidencing a violation of this
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section shall be admissible in any judicial or administrative
proceeding to adjudicate the liability for the violation of
this section.
(2) The department, the commission or a municipality, or
the system administrator on their behalf, shall submit the
following information regarding a violation of this section
to the primary police department using an electronic system:
(i) A copy of the recorded image or images showing
the motor vehicle allegedly violating this section.
(ii) The license plate number and state of issuance
of the motor vehicle.
(iii) The date, time and place of the alleged
violation.
(3) Upon receipt of violation information under
paragraph (2), a primary police department shall:
(i) Review submitted evidence to determine if a
violation under this section occurred and electronically
certify the notice of violation.
(ii) Notify the entity that submitted the violation
of the electronic certification of the notice of
violation related to the primary police department's
capacity to view and authorize the notice.
(iii) Restrict the review of submitted evidence
under subparagraph (i) to an individual who is a police
officer.
(m) Limitations.--
(1) Recorded images collected as part of the automated
litter enforcement system may record only violations of this
section and may not be used for any other surveillance
purposes. The restrictions provided in this paragraph shall
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not preclude a court of competent jurisdiction from issuing
an order directing that the information be provided to law
enforcement officials, if the information is requested solely
in connection with a criminal law enforcement action and is
reasonably described.
(2) Information gathered and maintained under this
section that is kept by the Commonwealth or a municipality,
its authorized agents or its employees, including recorded
images, written records, motor vehicle information, reports
or facsimiles, names and addresses, shall be for the
exclusive purpose of discharging its duties under this
section. 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. The information shall not be
discoverable by court order or otherwise or be admissible as
evidence in a proceeding except to determine liability under
this section. The restrictions provided in this paragraph
shall not preclude a court of competent jurisdiction from
issuing an order directing that the information be provided
to law enforcement officials if the information is requested
solely in connection with a criminal law enforcement action
and is reasonably described.
(3) Recorded images obtained through the use of
automated litter enforcement systems deployed as a means of
promoting traffic safety in litter enforcement zones shall be
destroyed within one year of final disposition of a notice of
violation, except that images subject to a court order under
paragraph (1) or (2) shall be destroyed within two years
after the date of the order, unless further extended by court
order. The department, the commission, a municipality or the
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system administrator shall retain evidence that the records
have been destroyed in accordance with this section.
(4) Motor vehicle owner information obtained as a result
of the operation of an automated litter enforcement system
under this section shall be the exclusive property of the
Commonwealth or a municipality and not the property of the
system administrator, manufacturer or vendor of the automated
litter enforcement system and may not be used for a purpose
other than prescribed in this section.
(5) An intentional violation of this subsection shall
constitute a misdemeanor of the third degree punishable by a
fine of $500. Each violation shall constitute a separate and
distinct offense.
(n) Defenses.--It shall be a defense to a violation under
subsection (g) that the:
(1) Motor vehicle was reported to a police department as
stolen prior to the time the violation occurred and was not
recovered prior to that time.
(2) Person receiving the notice of violation was not the
owner of the motor vehicle at the time of the offense.
(3) Automated litter enforcement system being used to
determine the violation was not in compliance with this
section and any regulations established by the department
with respect to testing for accuracy, certification or
calibration.
(4) Person named in the notice of the violation was not
driving the motor vehicle at the time of the violation. The
department or the system administrator may require the owner
to submit evidence that the owner was not the driver at the
time of the alleged violation. The owner of the motor vehicle
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may not be required to disclose the identity of the driver of
the motor vehicle at the time of the violation.
(o) Authority and duties.--
(1) The department, in consultation with the commission,
shall promulgate regulations for the certification and the
use of automated litter enforcement systems in accordance
with this section.
(2) Municipalities that authorize the use of automated
litter enforcement systems in litter enforcement zones under
their respective jurisdictions shall comply with regulations
promulgated by the department under this section.
(3) In order to facilitate the prompt implementation of
this section, the department shall promulgate temporary
regulations in accordance with the following:
(i) The temporary regulations shall expire upon
promulgation of final regulations.
(ii) The department shall promulgate temporary
regulations not subject to:
(A) Sections 201, 202, 203, 204 and 205 of the
act of July 31, 1968 (P.L.769, No.240), referred to
as the Commonwealth Documents Law.
(B) Section 204(b) of the act of October 15,
1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(C) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(iii) The department's authority to adopt temporary
regulations shall expire three years after the effective
date of this subparagraph. Regulations adopted after this
period shall be promulgated as provided by law.
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(4) The department, the commission and a municipality
shall serve directly or through a contracted private service
with a manufacturer or vendor as the system administrator.
Compensation under a contract authorized by this paragraph
shall be based only upon the value of equipment and services
provided or rendered in support of the automated litter
enforcement system program and may not be based on the
quantity of notices of violations issued or amount of fines
imposed or generated.
(5) The system administrator shall prepare and issue
notices of violations.
(p) Payment of fine.--
(1) An owner of a motor vehicle may admit responsibility
for the violation and pay the fine provided in the notice of
violation personally, through an authorized agent,
electronically or by mailing both payment and the notice of
violation to the system administrator.
(2) Payment by mail shall be made only by money order,
credit card or check made payable to the Commonwealth, the
commission, the municipality or the system administrator, as
applicable.
(3) Payment of the fine shall operate as a final
disposition of the case.
(4) If payment is not received within 90 days of the
mailing of the notice of violation, the department, the
commission or the municipality may request an applicable
credit collection agency to resolve the payment amount owed.
(q) Contentment of violation.--
(1) An owner of a motor vehicle may, within 30 days of
the mailing date of the notice, request a hearing to contest
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liability by appearing before the system administrator either
personally or by an authorized agent or by sending a request
on the prescribed form. A hearing to contest liability may be
in person or be conducted through live-stream synchronous
video conferencing or similar virtual presence technology.
(2) The system administrator shall provide an
appropriate form by which owners of the motor vehicles may
challenge a notice of violation.
(3) Upon receipt of a hearing request, the system
administrator shall, in a timely manner, schedule the matter
before a hearing officer designated by the department.
Written notice of the date, time and place of hearing must be
presented or sent by first class mail to the owner of the
motor vehicle. The department shall conduct hearings for
contests of violations under this section regardless of
whether the violation was issued under an automated litter
enforcement system administered by the department, the
commission or a municipality.
(4) The hearing shall be informal and in accordance with
the department's procedural rules. The decision of the
department's hearing officer shall be made within 45 days
from the hearing date and shall be final, subject to the
right of the owner of the motor vehicle to appeal the
decision under paragraph (5).
(5) If, within 45 days of issuance of the decision of
the department's hearing officer, the owner of the motor
vehicle requests in writing an appeal of the decision of the
hearing officer, the owner of the motor vehicle shall file
the notice of violation and supporting documents with the
office of the magisterial district judge for the magisterial
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district where the violation occurred and a magisterial
district judge shall hear and decide the matter de novo and
shall be restricted to finding an owner liable or not liable
for violating this section.
(6) The commission or municipality, or the system
administrator on the commission's or municipality's behalf,
shall reimburse the department for the actual cost of the
hearing officer designated under paragraph (3).
(r) Revenue.--
(1) Twenty five dollars of every fine collected for a
violation of this section shall be provided to the primary
police department that reviewed the submitted evidence for
the violation.
(2) After the disbursement of fine revenue under
paragraph (1), fine revenue collected by a municipality, or
by the system administrator on the municipality's behalf,
shall be used to pay for the administration of the program
and the system administrator's invoice costs. Any remaining
revenue shall be used by the municipality for the litter
cleanup and abatement of highways or bridges owned by the
municipality.
(3) After the disbursement of fine revenue under
paragraph (1), fine revenue collected by the department or
the commission, or by the system administrator on their
behalf, shall be deposited into the appropriate restricted
receipt account as specified under paragraph (4).
(4) Two restricted receipt accounts are established in
the General Fund for fines remitted under this section to the
department and the commission, respectively. The system
administrator of the department or the commission, if any,
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shall send an invoice to the department or the commission
based, respectively, on services provided. The department or
the commission shall use the appropriate restricted receipt
account to pay for the administration of the program and the
system administrator's invoice costs, if applicable.
Remaining fines shall be allocated by the municipality for
the litter cleanup and abatement of highways or bridges owned
by the municipality.
(s) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Automated litter enforcement system" or "system." A camera
system installed in public rights-of-way and highways that is
equipped with at least one camera and one computer that produces
recorded video and two or more still images of a motor vehicle
being used or operated in a manner that violates this section.
"Automated litter enforcement system operator." An
individual who has completed training to perform procedures for
setting up, testing, operating and logging an automated litter
enforcement system.
"Commission." The Pennsylvania Turnpike Commission.
"Litter enforcement zone." Includes public rights-of-way and
highways where the department, the commission or the
municipality intends to use an automated litter enforcement
system.
"Municipality." A city, borough or township.
"Notice of violation." A notice issued under and in
accordance with subsection (j).
"Owner." The registered owner of a motor vehicle as
identified by department records.
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"Primary police department." One of the following:
(1) For a municipality, either of the following:
(i) The police department of the municipality that
has the authority to issue citations for violations of
this title.
(ii) The Pennsylvania State Police if the
municipality does not have a police department with
authority to issue citations for violations of this
title, at the sole discretion of the Pennsylvania State
Police.
(2) For the department or the commission, the
Pennsylvania State Police.
"System administrator." A person contracted with the
department, the commission or a municipality that creates, owns
or has a license or permission to sell, lease, distribute or
administer an automated litter enforcement system, consistent
with the requirements of this section, is under agreement with a
municipality, the department or the commission to perform, but
not be limited to, the following:
(1) Provide for the installation, operation and
maintenance of an automated litter enforcement system in a
litter enforcement zone.
(2) Administer the enforcement of a violation of this
section through an automated litter enforcement system on the
department's, the commission's or a municipality's behalf as
permitted by this section, including maintaining and
transmitting records, mailing violation notices, processing
violations, collecting fines and administering contests of
violations.
Section 2. This act shall take effect in 60 days.
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