An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in rules of the road in general, further providing for automated speed enforcement system on designated highways.

PRINTER'S NO. 3601
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2635
Session of
2026
INTRODUCED BY KHAN, HOGAN, N. NELSON, WAXMAN, HILL-EVANS,
DOUGHERTY, HOHENSTEIN, PARKER, STEELE, CIRESI AND KENYATTA,
JUNE 15, 2026
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 15, 2026
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in rules of the road in general, further providing
for automated speed enforcement system on designated
highways.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3370 of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 3370. Automated speed enforcement system on designated
highways.
(a) [General rule] Establishment of program.--A program is
established to provide for an automated speed enforcement system
on [U.S. Route 1 (Roosevelt Boulevard) between Ninth Street and
the Philadelphia County line shared with Bucks County in a city
of the first class. The following shall apply:
(1) A city of the first class, upon passage of an
ordinance, is authorized to enforce section 3362 (relating to
maximum speed limits) on Roosevelt Boulevard by recording
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violations using an automated speed enforcement system
approved by the department.
(3) A city of the first class may expand the automated
speed enforcement system beyond Roosevelt Boulevard to no
more than five corridors if the following conditions are met:
(i) The city of the first class, in consultation
with the department, proposes a new State or local
highway corridor within the borders of the city of the
first class according to speed data and speed-related
accidents involving vehicles or pedestrians. Each
proposed corridor must include a beginning segment and an
end segment on the same State or local route within the
borders of the city of the first class.
(ii) The city of the first class conducts an
engineering and traffic investigation under section
6109(e) (relating to specific powers of department and
local authorities) on the posted speed limit within a
proposed State or local highway corridor for an automated
speed enforcement system.
(iii) The city of the first class provides at least
one opportunity for public comment regarding the proposed
State or local highway corridor.] designated highways.
The following shall apply to the program:
(3.1) A municipality, upon passage of an ordinance, is
authorized to enforce section 3362 (relating to maximum speed
limits) by recording violations using an automated speed
enforcement system approved by the department if the
following conditions are met:
(i) The municipality, in consultation with the
department, proposes a new State or local highway
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corridor within the borders of the municipality according
to speed data and speed-related accidents involving
vehicles or pedestrians. Each proposed corridor must
include a beginning segment and an end segment on the
same State or local route within the borders of the
municipality.
(ii) The municipality conducts an engineering and
traffic investigation under section 6109(e) (relating to
specific powers of department and local authorities) on
the posted speed limit within a proposed State or local
highway corridor for an automated speed enforcement
system.
(iii) The municipality provides at least one
opportunity for public comment regarding the proposed
State or local highway corridor.
(4) When the conditions under paragraph [(3)] (3.1) have
been met, a [city of the first class] municipality, upon
passage of an ordinance for each new corridor, is authorized
to enforce section 3362 by recording violations using an
automated speed enforcement system approved by the
department.
(b) Owner liability.--
(1) For each violation under this section, the owner of
the motor vehicle shall be liable for the penalty imposed
unless the owner is convicted of the same violation under
another section of this title or has a defense under
subsection (g).
(2) For the purposes of this section, the lessee of a
leased vehicle shall be considered the owner of the motor
vehicle.
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(c) Certificate as evidence.--A certificate, or a facsimile
of a certificate, based upon inspection of recorded images
produced by an automated speed enforcement system and sworn to
or affirmed by a police officer employed by the [city of the
first class] police department with primary jurisdiction over
the area where the violation occurred shall be prima facie
evidence of the facts contained in it. The [city] municipality
must include written documentation that the automated speed
enforcement system was operating correctly at the time of the
alleged violation. A recorded image evidencing a violation of
section 3362 shall be admissible in any judicial or
administrative proceeding to adjudicate the liability for the
violation.
(d) Penalty.--[The following shall apply:]
(1) The penalty for a violation under subsection (a)
shall be a fine of $150 unless a lesser amount is set by
ordinance. The ordinance may create fines for first offense,
second offense and third and subsequent offenses, but no
single fine shall exceed $150.
(1.1) Beginning the first day of January following the
year of the effective date of this paragraph, the maximum
amount of the fine in paragraph (1) shall be fixed annually
by the department based on the maximum amount in the prior
year as adjusted to reflect the change in the Consumer Price
Index for All Urban Consumers (CPI-U) for the United States
for all items as published by the United States Department of
Labor, Bureau of Labor Statistics, for the previous 12-month
period. The maximum amount as adjusted shall be rounded to
the nearest multiple of $1. The department shall transmit
notice of the new maximum amount to the Legislative Reference
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Bureau for publication in the next available issue of the
Pennsylvania Bulletin. The adjusted maximum amount shall
apply to violations occurring after the date of publication
of the notice in the Pennsylvania Bulletin.
(2) A penalty is authorized only for a violation of this
section if each of the following apply:
(i) At least two appropriate warning signs are
conspicuously placed at the beginning and end and at two-
mile intervals of the designated highway notifying the
public that an automated speed enforcement system is in
use.
(ii) A notice identifying the location of the
automated speed enforcement system is posted on the [city
of the first class's] municipality's or system
administrator's publicly accessible Internet website
throughout the period of use.
(3) A fine is not authorized during the first 30 days of
operation of an automated speed enforcement system.
(4) The system administrator may provide a written
warning to the owner of a motor vehicle determined to have
violated this section during the first 30 days of operation
of the automated speed enforcement system.
(5) A penalty imposed under this section shall not be
deemed a criminal conviction and shall not be made part of
the operating record under section 1535 (relating to schedule
of convictions and points) of the individual upon whom the
penalty is imposed, nor may the imposition of the penalty be
subject to merit rating for insurance purposes.
(6) No surcharge points may be imposed in the provision
of motor vehicle insurance coverage. Penalties collected
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under this section shall not be subject to 42 Pa.C.S. § 3571
(relating to Commonwealth portion of fines, etc.) or 3573
(relating to municipal corporation portion of fines, etc.).
(7) If a person who has a prior violation of this
section before the effective date of this paragraph commits
another violation of this section after the effective date of
this paragraph, the violation after the effective date of
this paragraph shall be deemed a first offense and any
violation occurring after that violation shall constitute an
additional offense.
(e) Liability.--Driving in excess of the posted speed limit
along the designated highway by 11 miles per hour or more is a
violation of this section.
(f) Limitations.--[The following shall apply:]
(1) No automated speed enforcement system shall be
utilized in such a manner as to take a frontal view recorded
image of the motor vehicle as evidence of having committed a
violation.
(2) Notwithstanding any other provision of law, camera
equipment deployed as part of an automated speed enforcement
system as provided in this section must be incapable of
automated or user-controlled remote surveillance by means of
recorded video images. Recorded images collected as part of
the automated speed enforcement system must only record
traffic violations and may not be used for any other
surveillance purposes, but may include video of the area
enforced when triggered by a violation. The restrictions set
forth in this paragraph shall not be deemed to preclude a
court of competent jurisdiction from issuing an order
directing that the information be provided to law enforcement
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officials if the information is reasonably described and is
requested solely in connection with a criminal law
enforcement action.
(3) Notwithstanding any other provision of law,
information prepared under this section and information
relating to violations under this section which is kept by
the [city of the first class] municipality or system
administrator, its authorized agents or its employees,
including recorded images, written records, reports or
facsimiles, names, addresses, motor vehicle information and
the number of violations under this section, shall be for the
exclusive use of the [city] municipality, its authorized
agents, its employees and law enforcement officials for the
purpose of discharging their duties under this section and
under any ordinances and resolutions of the [city]
municipality. 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, nor shall it be
offered in evidence in any action or proceeding which is not
directly related to a violation of this section or any
ordinance or resolution of the [city] municipality. The
restrictions [set forth] specified in this paragraph 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.
(4) Recorded images obtained through the use of
automated speed enforcement systems deployed as a means of
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promoting traffic safety in a [city of the first class]
municipality shall be destroyed within one year of final
disposition of any recorded event except that images subject
to a court order under paragraph (2) or (3) shall be
destroyed within two years after the date of the order,
unless further extended by court order. The [city]
municipality shall file notice with the department that the
records have been destroyed in accordance with this section.
(5) Notwithstanding any other provision of law, motor
vehicle owner information obtained as a result of the
operation of an automated speed enforcement system under this
section shall not be the property of the manufacturer or
vendor of the automated speed enforcement system and may not
be used for any purpose other than as prescribed in this
section.
(6) An intentional violation of this subsection shall
constitute a misdemeanor of the third degree punishable by a
$500 fine. Each violation shall constitute a separate and
distinct offense.
(g) Defenses.--[The following shall apply:]
(1) It shall be a defense to a violation under this
section that the person named in the notice of the violation
was not driving the motor vehicle at the time of the
violation. The owner of the motor vehicle may be required to
submit evidence that the owner was not the driver at the time
of the alleged violation. The [city of the first class]
municipality may not require the owner of the motor vehicle
to disclose the identity of the driver of the motor vehicle
at the time of the violation.
(2) If an owner of a motor vehicle receives a notice of
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violation pursuant to this section of a time period during
which the motor vehicle was reported to a police department
as having been stolen, it shall be a defense to a violation
under this section that the motor vehicle has been reported
to a police department as stolen prior to the time the
violation occurred and had not been recovered prior to that
time.
(3) It shall be a defense to a violation under this
section that the person receiving the notice of violation was
not the owner of the motor vehicle at the time of the
offense.
(4) It shall be a defense to a violation under this
section that the automated speed enforcement system being
used to determine speed was not in compliance with section
3368 (relating to speed timing devices) with respect to
testing for accuracy, certification or calibration.
(h) Department approval.--
(1) No automated speed enforcement system may be used
without the approval of the department, which shall have the
authority to promulgate regulations for the certification and
use of the systems which regulations may include the use of
radio-microwave devices, commonly referred to as electronic
speed meters or radar, or light detection and ranging
devices, commonly referred to as LIDAR, in their operations.
(2) Notwithstanding any other provision of law, the
devices identified in paragraph (1) shall be tested for
accuracy at regular intervals as designated by regulation of
the department.
(i) Duty of [city.--The following provisions shall apply:]
municipality.--
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(1) A [city of the first class] municipality may not use
an automated speed enforcement system unless there is posted
an appropriate sign in a conspicuous place before the area in
which the automated speed enforcement system is to be used
notifying the public that an automated speed enforcement
system is in use immediately ahead.
(2) A city of the first class shall designate or appoint
the Philadelphia Parking Authority as the system
administrator to supervise and coordinate the administration
of notices of violation issued under this section.
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 speed
enforcement system program and may not be based on the
quantity of notices of violation issued or amount of fines
imposed or generated.
(2.1) A municipality, except for a city of the first
class as provided under paragraph (2), shall designate or
appoint a system administrator to supervise and coordinate
the administration of notices of violations issued under this
section. 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
speed enforcement system program and may not be based on the
quantity of notices of violations issued or amount of fines
imposed or generated.
(3) The system administrator shall prepare a notice of
violation to the owner of a motor vehicle identified in a
recorded image produced by an automated speed enforcement
system as evidence of a violation of section 3362. The notice
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of violation must be issued by a police officer employed by
the police department with primary jurisdiction over the area
where the violation occurred. The notice of violation shall
[have] include the following [attached to it]:
(i) a copy of the recorded image showing the motor
vehicle;
(ii) the registration number and state of issuance
of the motor vehicle registration;
(iii) the date, time and place of the alleged
violation;
(iv) notice that the violation charged is under
section 3362; and
(v) 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 owner of the motor vehicle.
(j) System administrator.--[The following shall apply:]
(1) The system administrator may hire and designate
personnel as necessary or contract for services through a
manufacturer or vendor to implement this section.
(2) The system administrator shall process notices of
violation and penalties issued under this section.
(3) Not later than September 1 annually, the system
administrator shall [submit an annual report to the
chairperson and the minority chairperson of the
Transportation Committee of the Senate and the chairperson
and minority chairperson of the Transportation Committee of
the House of Representatives.] make an annual report
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available to the public on the municipality's or system
administrator's publicly accessible Internet website. The
report shall be considered a public record under the Right-
to-Know Law and include for the prior year:
(i) The number of violations and fines issued and
data regarding the speeds of motor vehicles in the
enforcement area.
(ii) A compilation of penalties paid and outstanding
and violations contested.
(iii) The amount of money paid to a vendor or
manufacturer under this section.
(iv) The number of vehicular and pedestrian
accidents and related serious bodily injuries and deaths
along the designated highway.
(k) Notice to owner.--In the case of a violation involving a
motor vehicle subject to the laws of this Commonwealth, the
notice of violation must be mailed [within] not later than 30
days after the commission of the violation or [within] not later
than 30 days after the discovery of the identity of the owner of
the motor vehicle, whichever is later, [and not thereafter] to
the address of the owner as listed in the records of the
department. In the case of motor vehicles from jurisdictions
other than this Commonwealth, the notice of violation must be
mailed [within] not later than 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 motor vehicle. A notice of violation
under this section must be provided to the owner of the motor
vehicle [within] not later than 90 days [of] after the
commission of the offense.
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(l) Mailing of notice and records.--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.
(m) Payment of fine.--[The following shall apply:]
(1) An owner of a motor vehicle to whom a notice of
violation has been issued may admit responsibility for the
violation and pay the fine provided in the notice.
(2) Payment must be made personally, through an
authorized agent, electronically 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. The system
administrator shall remit the fine, less the system
administrator's operation and maintenance costs necessitated
by this section, to the department for deposit into a
restricted receipts account in the Motor License Fund. Fines
deposited in the fund under this paragraph shall be used by
the department for a Transportation Enhancement Grants
Program as established by section 3116 (relating to automated
red light enforcement systems in first class cities). The
department shall award transportation enhancement grants on a
competitive basis. The department may pay actual
administrative costs arising from the department's
administration of this section. The department may not
reserve, designate or set aside a specific level of funds or
percentage of funds to an applicant prior to the completion
of the application process, nor may the department designate
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a set percentage of funds to an applicant. [Grants shall be
awarded by the department based on the majority vote of a
selection committee consisting of four representatives of the
department appointed by the secretary and four members
appointed by the mayor of the city of the first class, with
the secretary or a designee of the secretary serving as
chairperson. Priority shall be given to applications seeking
grant funds for transportation enhancements in the
municipality where the automated speed camera system is
operated.] Grants shall only be awarded by the department to
municipalities where an automated speed enforcement system is
operated.
(3) Payment of the established fine and applicable
penalties shall operate as a final disposition of the case.
(n) Hearing.--[The following shall apply:]
(1) An owner of a motor vehicle to whom a notice of
violation has been issued may, [within] not later than 30
days [of] after the mailing date 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 sending a request on the
prescribed form.
(2) Upon receipt of a hearing request, the system
administrator shall in a timely manner schedule the matter
before a hearing officer. The hearing officer shall be
designated by the [city of the first class] municipality.
Written notice of the date, time and place of hearing must be
sent by first class mail to the owner of the motor vehicle. A
hearing to contest liability may be in person or be conducted
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through live-stream synchronous video conferencing or similar
virtual presence technology and shall be only at the
locations and times set by the system administrator.
(3) The hearing 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).
(o) Compensation to manufacturer or vendor.--If a [city of
the first class] municipality has established an automated speed
enforcement system, the compensation paid to the manufacturer or
vendor of the automated speed enforcement system may not be
based upon the number of traffic citations issued or a portion
or percentage of the fine generated by the citations. The
compensation paid to the manufacturer or vendor of the equipment
shall be based upon the value of the equipment and the services
provided or rendered in support of the automated speed
enforcement system.
(p) Revenue limitation.--A [city of the first class]
municipality may not collect an amount equal to or greater than
2% of its annual budget from the collection of revenue from the
issuance and payment of violations under this section.
Section 2. This act shall take effect in 60 days.
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