2674 Proposed Rules 601—606 of the Pennsylvania Rules of Civil Procedure before Magisterial District Judges

Title 246—MINOR COURT CIVIL RULES

PART I. GENERAL

[246 PA. CODE CH. 600]

Proposed Rules 601—606 of the Pennsylvania Rules of Civil Procedure before Magisterial District Judges

[44 Pa.B. 8012]
[Saturday, December 27, 2014]

 The Minor Court Rules Committee is planning to recommend that the Supreme Court of Pennsylvania adopt new Rules 601—606 of the Pennsylvania Rules of Civil Procedure before Magisterial District Judges. The Committee has not yet submitted this proposal for review by the Supreme Court of Pennsylvania.

 The following explanatory Report highlights the Committee's considerations in formulating this proposal. The Committee's Report should not be confused with the Committee's Official Notes to the rules. The Supreme Court does not adopt the Committee's Official Notes or the contents of explanatory reports.

 The text of the proposed new rules precedes the Report, and is entirely new.

 We request that interested persons submit written suggestions, comments, or objections concerning this proposal to the Committee through counsel,

Pamela S. Walker, Counsel
Supreme Court of Pennsylvania
Minor Court Rules Committee
Pennsylvania Judicial Center
PO Box 62635
Harrisburg, PA 17106-2635
Fax: [phone]
or email to: [e-mail]

no later than January 30, 2015.

By the Minor Court Rules Committee

BRADLEY K. MOSS, 
Chair

Annex A

TITLE 246. MINOR COURT CIVIL RULES

PART I. GENERAL

CHAPTER 600. AUTOMATED RED LIGHT ENFORCEMENT APPEALS

Rule

601.	Definitions.
602.	Time and Method of Appeal.
603.	Service; Setting the Date for Hearing.
604.	Hearings and Evidence.
605.	Failure of a Party to Appear at the Hearing.
606.	Judgment; Notice of Judgment and the Right to Appeal; Payment of Civil Fines; Enforcement of Judgment.

Explanatory Comment

 The rules in this chapter were adopted to provide for appeals from violations captured by automated red light enforcement systems. 75 Pa.C.S. § 3117, effective October 1, 2012, generally authorizes ''[a] municipality, upon passage of an ordinance . . . to enforce [75 Pa.C.S.] § 3112(a)(3) (relating to traffic-control signals) by recording violations using an automated red light enforcement system approved by [PennDot].'' See 75 Pa.C.S. § 3117(a). The statute requires that the municipality receive PennDot approval prior to the installation of the red light enforcement system. When a violation is captured by the system, a ''system administrator'' will prepare and send a violation notice to the registered vehicle owner identified by the system. See § 3117(i). A vehicle owner may request a hearing before a ''hearing officer'' to contest the alleged violation. See § 3117(n)(1). The statute provides that an appeal of the hearing officer's decision will be made to a magisterial district judge. ''If the owner requests in writing that the decision of the hearing officer be appealed to the magisterial district judge, the system administrator shall file the notice of violation and supporting documents with the magisterial district judge, who shall hear and decide the matter de novo.'' See § 3117(n)(4).

Rule 601. Definitions.

 As used in this chapter:

 (1) Appeal: An appeal from a decision of a hearing officer following a hearing to contest an alleged violation of 75 Pa.C.S. § 3112(a)(3) as recorded by an automated red light enforcement system.

 (2) Automated Red Light Enforcement System: A system authorized pursuant to 75 Pa.C.S. § 3117 to record violations of 75 Pa.C.S. § 3112(a)(3).

 (3) Hearing Officer: A person designated by a municipality to conduct hearings contesting liability for violations of 75 Pa.C.S. § 3112(a)(3) as recorded by an automated red light enforcement system.

 (4) Magisterial District Court: The magisterial district court in the magisterial district in which the notice of violation was issued.

 (5) Notice of Violation: The document issued by a police officer employed by the police department with primary jurisdiction over the area where the violation of 75 Pa.C.S. § 3112(a)(3) occurred, and containing the information set forth in 75 Pa.C.S. § 3117(i)(3).

 (6) Owner: The registered owner or co-owners of the vehicle identified in a notice of violation.

 (7) System Administrator: The municipality or its designee that supervises and coordinates the administration of notices of violation issued pursuant to 75 Pa.C.S. § 3117.

 Official Note: The above definitions are derived from the statute authorizing the use of automated red light enforcement systems by municipalities, 75 Pa.C.S. § 3117.

Rule 602. Time and Method of Appeal.

 (A) The owner shall file a notice of appeal along with a copy of the determination of the hearing officer with the magisterial district court within thirty (30) days after the date of the determination. No bond or other security shall be required for appeal.

 (B) The notice of appeal filed with the magisterial district court shall be on a form as prescribed by the State Court Administrator. The magisterial district court shall not accept a notice of appeal that is presented after the expiration of the time period specified above.

 Official Note: Thirty days is the standard period of time for taking an appeal. See 42 Pa.C.S. § 5571; Pa.R.A.P. 903.

 See Rules 1003, 1008A, which do not require the filing of a bond or other security in appeals from judgments entered in civil matters.

Rule 603. Service; Setting the Date for Hearing.

 (A) Upon receipt of the notice of appeal, the magisterial district court shall set a hearing date, which shall be not less than twelve (12) or more than sixty (60) days from the date the notice of appeal is filed.

 (B) The magisterial district court shall insert the hearing time and date, and the address of the magisterial district court in the notice of appeal form.

 (C) The magisterial district court shall serve the notice of appeal, with the hearing time and date thereon, on the system administrator by mailing a copy of the notice of appeal to the system administrator at the address noted on the notice of violation. The service copy of the notice of appeal shall include an instruction that the system administrator shall file the notice of violation and supporting documents with the magisterial district court no later than the date of the hearing.

 (D) The magisterial district court shall mail a copy of the notice of appeal form with the hearing time and date thereon to the owner.

 (E) Upon receipt of the notice of appeal, the system administrator shall file a copy of the notice of violation and supporting documents with the magisterial district judge no later than the date of the hearing.

 Official Note: Rule 603 is derived from 75 Pa.C.S. § 3117(n)(4), as well as Rules 305, 307—308.

 It is anticipated that the system administrator's address will be found on the determination of the hearing officer attached to the notice of appeal form.

Rule 604. Hearings and Evidence.

 (A) The proceeding on appeal shall be conducted de novo.

 (B) The hearing is subject to the standards of evidence set forth in Rule 321, except that photographs, videos, vehicle titles and police reports may also be entered as evidence by any party without affidavit or other evidence of its truth, accuracy or authenticity.

 Official Note: See 75 Pa.C.S. § 3117(n)(4); Rule 321. Photographs, videos, vehicle titles and police reports were added to subdivision (B), and deemed necessary because they are the proofs most likely to be used to support the permitted defenses to a notice of violation, specifically, (1) that the person named in the notice of violation was not the vehicle operator at the time of the violation, (2) that the vehicle was reported as stolen during the time of the violation, and (3) that the person receiving notice of the violation was not the owner or lessor of the vehicle at the time of the offense. See 75 Pa.C.S. § 3117(g).

Rule 605. Failure of a Party to Appear at the Hear- ing.

 When one or both parties fail to appear for the hearing:

 (1) If the owner does not appear at the hearing, but the system administrator does appear, the magisterial district judge shall enter judgment for the system administrator.

 (2) If the owner appears at the hearing, but the system administrator does not appear, the magisterial district judge shall enter judgment for the owner.

 (3) If neither party appears at the hearing, the magisterial district judge shall enter judgment for the owner.

Official Note: Rule 605 is derived from Rule 319.

Rule 606. Judgment; Notice of Judgment and the Right to Appeal; Payment of Civil Fines; Enforcement of Judgment.

 (A) Judgment shall be given at the conclusion of the hearing or within five (5) days thereafter and shall be entered on the notice of appeal form.

 (B) Upon the entry of judgment, the magisterial district court shall promptly give or mail the owner and the system administrator written notice of the judgment.

 (C) The written notice of judgment shall contain notice of the right of the parties to appeal, the time within which the appeal must be taken, and that the appeal is to the court of common pleas.

 (D) Any civil fines payable pursuant to 75 Pa.C.S. § 3117(m) shall be made to the system administrator, and not to the magisterial district court.

 Official Note: See Rules 322, 324 regarding entry of judgment.

 A magisterial district court does not collect civil fines. See Rule 323. Enforcement of judgments for civil fines may be sought by following the procedures established in Rules 401—482, pertaining to entry of and execution upon judgments.

REPORT

New Rules 601—606 of the Pennsylvania Rules of Civil Procedure before Magisterial District Judges

Appeals from Hearing Officer Determinations in Automated Red Light Enforcement Actions

I. Introduction

 The Minor Court Rules Committee (''Committee'') is proposing new rules to accommodate statutory changes to the Vehicle Code providing for the use of automated red light enforcement systems in certain municipalities. As described in greater detail below, the proposed rules provide a framework for the newly authorized appeals from a hearing officer determination of an automated red light enforcement violation.

II. Discussion

 In 2012, the General Assembly adopted the Act of July 2, 2012, P. L. 735, No. 84, which concerned motor vehicles. Among other things, the legislation authorized the use of automated red light enforcement systems in certain municipalities, subject to conditions and approvals by the Pennsylvania Department of Transportation. Section 4(a) of the Act provides that ''[a] municipality, upon passage of an ordinance, is authorized to enforce section 3112(a)(3) [of the Vehicle Code] (relating to traffic-control signals) by recording violations using an automated red light enforcement system approved by the [Pennsylvania Department of Transportation].'' 75 Pa.C.S. § 3117(a). Similar legislation providing for automated red light enforcement systems in Philadelphia was enacted in 2002. See Act of October 4, 2002. P. L. 845, No. 123, § 4, 75 Pa.C.S. § 3116.

 The legislation requires that the municipality receive approval from the Pennsylvania Department of Transportation prior to the installation of the red light enforcement system. 75 Pa.C.S. § 3117(b). When a red light violation is captured by the system, a ''system administrator'' will prepare and send a violation notice to the registered vehicle owner identified by the system. 75 Pa.C.S. § 3117(i). The vehicle owner may request a hearing before a ''hearing officer'' to contest the alleged violation. 75 Pa.C.S. § 3117(n)(1). The statute provides that an appeal of the hearing officer's decision will be made to a magisterial district judge. ''If the owner requests in writing that the decision of the hearing officer be appealed to the magisterial district judge, the system administrator shall file the notice of violation and supporting documents with the magisterial district judge, who shall hear and decide the matter de novo.'' 75 Pa.C.S. § 3117(n)(4). Notably, the legislation provides that ''[a] penalty imposed under this section shall not be deemed a criminal conviction.'' 75 Pa.C.S. § 3117(c)(5).

 After reviewing the provisions of the legislation, the Committee concluded that these new appeals from hearing officer determinations were not covered by existing rules governing civil actions, and proceeded to draft rules accommodating such actions.

III. Proposed Rule Changes

 The proposal begins with a table of contents and an explanatory comment regarding the new rules. Rule 601 provides definitions for terms used in the proposed new rules as derived from the statutory language. Rule 602 establishes the time and method of appeal, and requires that an appeal of a hearing officer determination must be filed with the magisterial district court within thirty days after the date of the determination. Rule 603 sets forth service requirements, as well as the timeframes for setting the hearing date. Rule 604 provides that the hearing is conducted de novo, meaning that it is held as if initially filed in the magisterial district court, and it is not a review of the action before the hearing officer. Rule 604 also establishes the standards of evidence, including exceptions for photographs, videos, vehicle titles and police reports to be entered without affidavit or other evidence of their truth, accuracy or authenticity. Rule 605 sets forth the consequences of one or both parties failing to appear at the hearing. Finally, Rule 606 provides for the entry of judgment, the right to appeal a judgment, and the payment of civil fines.

[Pa.B. Doc. No. 14-2674. Filed for public inspection December 26, 2014, 9:00 a.m.]