74 Pa.C.S. Ch. 81

in effect

74 Pa.C.S. § 8101 Scope of chapter.

This chapter relates to turnpike organization, extension and toll road conversion.

74 Pa.C.S. § 8102 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Commission." The Pennsylvania Turnpike Commission. "Cost of the department." The term includes the costs of all of the following: (1) Constructing, reconstructing, widening, expanding or extending the State highway and rural State highway system and connecting roads, tunnels and bridges. (2) Systems of public passenger transportation or portions of the systems, the placing of the systems in operation and the condemnation of property necessary for construction and operation of the systems. (3) Lands, property rights, rights-of-way, easements and franchises acquired, which are deemed necessary or convenient for the construction, reconstruction, widening, expanding or extending under paragraph (1) or (2). (4) Machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction. (5) Any of the following: (i) Traffic estimates, engineering and legal expenses, plans, specifications, surveys, estimates of cost and of revenues. (ii) Other expenses necessary or incident to determining the feasibility or practicability of the enterprise. This subparagraph includes administrative and legal expenses. (iii) Other expenses as may be necessary or incident to the financing authorized under this chapter, the construction, reconstruction, widening, expanding or extending of the State highway and the rural State highway system and connecting roads, tunnels and bridges. (6) Any obligation or expense contracted for by the department or with the United States or an agency of the United States, for traffic surveys, preparation of plans and specifications, supervision of construction and other engineering, administrative and legal services and expenses in connection with the construction, reconstruction, widening, expanding or extending of the State highway and rural State highway system or any of the connecting roads, tunnels and bridges or the costs of the systems of public passenger transportation or portions of the systems. (7) Payment of any notes or other obligations if the notes or other obligations were issued for the payment of a cost of the department. "Cost of the turnpikes." The term includes the cost of: (1) Constructing, reconstructing, widening, expanding or extending turnpikes, connecting roads, storm water management systems, buildings, interchanges, slip ramps, tunnels and bridges. (2) Lands, property rights, rights-of-way, easements and franchises acquired by purchase or other means deemed necessary or convenient for construction. (3) Machinery and equipment, financing charges and interest. (4) Traffic estimates, engineering and legal expenses, plans, specifications, surveys, cost and revenue estimates, other expenses necessary or incident to determining the feasibility or practicability of the enterprise, administrative and legal expense and other expenses as may be necessary or incident to the financing authorized in this chapter. (5) Condemnation or other means of acquisition of property necessary for the construction and operation of the turnpikes. (6) An obligation or expense contracted for by the commission with the department or with the United States or a Federal agency for any of the following: (i) Traffic surveys, preparation of plans and specifications, supervision of construction and other engineering and administrative and legal services and expenses in connection with the construction, reconstruction, widening, expansion or extension of the turnpike or any of the connecting roads, storm water management systems, interchanges, slip ramps, tunnels and bridges. (ii) Costs of reimbursing the Federal Government pursuant to the mandates of the Federal law for Federal funds expended for interstate or other highways which are to be made part of the turnpike system pursuant to this chapter. (7) Any portion of the scheduled annual commission contribution required to be paid by the commission under 75 Pa.C.S. Ch. 89 (relating to Pennsylvania Turnpike). "Department." The Department of Transportation of the Commonwealth. "Electronic toll collection." A system of collecting tolls or charges that is capable of charging an account holder or a registered vehicle owner for the prescribed toll based on the automatic identification and classification of vehicles using electronic systems. The term includes a system of open road tolls, video tolls or other similar structural or technological enhancements pertaining to tolls. "Electronic toll collection device." A piece of mechanical or electrical equipment used for electronic toll collection. "Flat video toll." A toll rate that does not vary based on a video image which is charged to an account when the commission is able to match a license plate image to an account in good standing. "Lessee." A person, corporation, firm, partnership, agency, association or organization that rents, leases or contracts for the use of a vehicle and has exclusive use of the vehicle for any period of time. "Lessor." A person, corporation, firm, partnership, agency, association or organization engaged in the business of renting or leasing vehicles to any lessee under a rental agreement, lease or other agreement under which the lessee has the exclusive use of the vehicle for any period of time. "Operator." An individual that uses or operates a vehicle with or without permission of the owner. "Owner." Except as provided under section 8117(e) (relating to electronic toll collection), an individual, copartnership, association or corporation having title or interest in a property right, easement or franchise authorized to be acquired under this chapter. "Public passenger transportation." Transportation within an area that includes a municipality or other built-up place that is appropriate in the judgment of the Department of Transportation to serve commuters or others in the locality taking into consideration the local patterns and trends of growth by bus or rail or other conveyance, either publicly or privately owned, serving the general public. The term does not include school buses, charter or sightseeing services. "Rural State highway system." All roads and highways taken over by the Commonwealth as State highways under the provisions of the act of June 22, 1931 (P.L.594, No.203), referred to as the Township State Highway Law, and all other roads and highways specifically designated by the Secretary of the Commonwealth as rural State highways. "Secretary." The Secretary of Transportation of the Commonwealth. "State highway." All roads and highways taken over by the Commonwealth as State highways under the provisions of any statute other than the act of June 22, 1931 (P.L.594, No.203), referred to as the Township State Highway Law. Unless clearly intended, the term shall not include any street in any city, borough or incorporated town, even though the street may have been taken over as a State highway. "System of public passenger transportation." A system of public passenger transportation, including rail transportation facilities used for public passenger transportation, which may include any of the following: (1) Railway, street railway, subway, elevated and monorail passenger or passenger and rail rolling stock, including self-propelled and gallery cars, locomotives, passenger buses and wires, poles and equipment for the electrification of any of the rails, tracks and roadbeds, guideways, elevated structures, buildings, stations, terminals, docks, shelters and parking areas for use in connection with the rail transportation systems, interconnecting lines and tunnels to provide passenger or passenger and rail service connections between transportation systems, transportation routes, corridors and rights-of-way therefor, but not for public highways. (2) Signal and communication systems necessary or desirable for the construction, operation or improvement of a public passenger transportation system. (3) Any improvement or overhaul of any vehicle equipment or furnishings of any of the items specified under paragraphs (1) and (2) or any part or fractional and undivided co-ownership or leasehold interest in any one or combination of any of the items specified under paragraphs (1) and (2) that may be designated as a system of public passenger transportation by the Secretary of Transportation. "Toll collection system." A vehicle sensor, placed in a location to work in conjunction with a toll collection facility, which automatically produces a videotape or photograph, microphotograph or other recorded image of a vehicle, at the time the vehicle travels through a tolling point. The term includes any other technology which identifies a vehicle by photographic, mechanical, electronic or other method. "Toll road conversion." The inclusion within the turnpike system and the imposition of tolls on the system of a highway that is presently toll free. "Turnpikes." Any of the following: (1) The turnpike, turnpike extensions and turnpike improvements. (2) Toll-free roads converted or to be converted to toll roads under this chapter. (3) Related storm water management systems, interchanges, slip ramps, tunnels and bridges, property rights, easements and franchises deemed necessary or convenient for the construction, reconstruction, widening, expansion, extension or the operation of the turnpike, turnpike extension, turnpike improvement and toll-free roads. "Vehicle." The term as it is defined under 75 Pa.C.S. § 102 (relating to definitions). "Video toll." A toll based on a vehicle's license plate image when a valid electronic toll collection device is not read as the vehicle travels through a tolling point. "Violation enforcement system." (Deleted by amendment). (Nov. 3, 2022, P.L.1734, No.112, eff. 60 days) 2022 Amendment. Act 112 amended the def. of "electronic toll collection," added the defs. of "electronic toll collection device," "flat video toll," "toll collection system" and "video toll" and deleted the def. of "violation enforcement system." Cross References. Section 8102 is referred to in section 303 of this title.

74 Pa.C.S. § 8104 Status of turnpike revenue bonds, notes or other obligations.

(a) General rule.--The turnpike revenue bonds, notes or other obligations issued under the provisions of this chapter shall not be deemed to be a debt of the Commonwealth or a pledge of the faith and credit of the Commonwealth, but bonds, notes or other obligations shall be payable solely from the revenues of the commission, including tolls, or from funds as may be available to the commission for that purpose. (b) Statement required.--All bonds, notes or other obligations shall contain a statement on their face that the Commonwealth is not obligated to pay the same or the interest thereon except from revenues of the commission, including tolls, or from funds as may be available to the commission for that purpose and that the faith and credit of the Commonwealth is not pledged to the payment of the principal or interest of the bonds, notes or other obligations. (c) Pledge of Commonwealth prohibited.--The issuance of turnpike revenue bonds, notes or other obligations under the provisions of this chapter shall not directly or indirectly or contingently obligate the Commonwealth to levy or to pledge any form of taxation or to make any appropriation for their payment.

74 Pa.C.S. § 8105 Commission.

(a) (Reserved). (b) Vacancies and terms.-- (1) Notwithstanding any other law, any vacancy in the membership of the commission shall be filled by appointment of the Governor by and with the advice and consent of two-thirds of the members elected to the Senate. (2) The appointed member shall serve for a term of four years. Upon the expiration of this term, the appointed member may continue to hold office for 90 days or until his successor shall be duly appointed and qualified, whichever is less. A member may not serve more than two terms. (c) (Reserved). (d) Secretary.--The provisions of subsection (a) shall not apply to the appointment of the secretary, who shall continue to be appointed and to serve as a member of the commission ex officio in accordance with law. (e) Chairman.--A majority of the members of the commission shall elect a member of the commission to serve as chairman. Upon the appointment and qualification of any new member to serve on the commission, the office of chairman and the positions of all other officers created by law shall be deemed vacant, and a new chairman and other officers shall be elected by a majority of the members of the commission. (f) Actions by the commission.--Notwithstanding any other law, court decision, precedent or practice to the contrary, any and all actions by or on behalf of the commission shall be taken solely upon the approval of a majority of the members to the commission. The term "actions by or on behalf of the commission," as used in this subsection, means any action whatsoever of the commission, including, but not limited to, the hiring, appointment, removal, transfer, promotion or demotion of any officers and employees; the retention, use or remuneration of any advisors, counsel, auditors, architects, engineers or consultants; the initiation of any legal action; the making of any contracts, leases, agreements, bonds, notes or covenants; the approval of requisitions, purchase orders, investments and reinvestments; and the adoption, amendment, revision or rescission of any rules and regulations, orders or other directives. The chairman, vice chairman or any other officer or employee of the commission may take no action by or on behalf of the commission except as expressly authorized by a majority of the members of the commission. (g) Compensation.--The annual salary of the Chairman of the Pennsylvania Turnpike Commission shall be $28,500, and the annual salary of the remaining members of the Pennsylvania Turnpike Commission shall be $26,000. These salaries shall be paid in equal installments every other week. (Nov. 25, 2013, P.L.974, No.89, eff. imd.) 2013 Amendment. Act 89 amended subsec. (b)(2). See the preamble and section 43(3) of Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations and applicability.

74 Pa.C.S. § 8106 Exercise of commission powers.

The exercise by the commission of the powers conferred by this chapter in the construction, operation and maintenance of the turnpikes and in effecting toll road conversions shall be deemed and held to be an essential governmental function of the Commonwealth.

74 Pa.C.S. § 8107 Commission powers and duties.

(a) Powers and duties of commission.--The commission may: (1) Maintain a principal office at a place designated by the commission. (2) Contract and be contracted with in its own name. (3) Sue and be sued in its own name, plead and be impleaded. Any civil action against the commission shall be brought only in the courts in which actions may be brought against the Commonwealth. (4) Have an official seal. (5) Make necessary rules and regulations for its own governance and in control of traffic. (6) Acquire, hold, accept, own, use, hire, lease, exchange, operate and dispose of personal property, real property and interests in real property and make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter and employ engineering, traffic, architectural and construction experts and inspectors, attorneys and other employees as may, in its judgment, be necessary and fix their compensation. (7) Provide grade separations at its own expense with respect to all public roads, State highways and interstate highways intersected by the turnpikes and to change and adjust the lines and grades thereof so as to accommodate the same to the design for grade separation. (i) The damages incurred in changing and adjusting the lines and grades of public roads, State highways and interstate highways shall be ascertained and paid by the commission in accordance with 26 Pa.C.S. (relating to eminent domain). (ii) If the commission shall find it necessary to provide a grade separation or change the site of any portion of any interstate highway, State highway or public road, or vacate the same, the commission shall cause it to be reconstructed and restored at the commission's expense on the most favorable location and in as satisfactory a manner as the original road or vacate it as the case may be. (iii) The method of acquiring the right-of-way and determining damages incurred in changing the location of or vacating the road, State highway or interstate highway shall be ascertained and paid for in accordance with 26 Pa.C.S. (8) Petition the court of common pleas of the county in which any public road or part thereof is located and affected by the location of the turnpikes for the vacation, relocation or supply of the same or any part thereof with the same force and effect as is now given by existing laws to the inhabitants of any township or the county, and the proceedings upon petition, whether for the appointment of viewers or otherwise, shall be the same as provided by existing law for similar proceedings upon the petitions. (9) Negotiate and enter into interest rate swaps and other interest rate hedges to assist the commission in managing interest cost and rate risk in connection with its debt. (10) Provide for costs of the department. (11) Have all of the powers and perform all the duties prescribed by the act of May 21, 1937 (P.L.774, No.211), referred to as the Pennsylvania Turnpike Commission Act. (b) Maintenance to be paid out of tolls.-- (1) The turnpike extensions and improvements and toll-free roads converted to toll roads when completed and open to traffic shall be maintained and repaired by and under the control of the commission. (2) All charges and costs for the maintenance and repairs actually expended by the commission shall be paid out of tolls. (3) The turnpike, the turnpike extensions and improvements and the toll-free roads converted to toll roads shall also be policed and operated by a force of police, toll takers and other operating employees as the commission may in its discretion employ.

74 Pa.C.S. § 8108 Expenses and bonding of commission members.

(a) Payment of expenses.--All compensation, salaries and expenses incurred in carrying out the provisions of this chapter shall be paid solely from funds provided under the authority of this chapter, and no liability or obligation shall be incurred under this chapter beyond the extent to which money shall have been provided under the authority of this chapter. (b) No additional bond required.--The issuance of any turnpike revenue bonds, notes or other obligations under the provisions of this chapter shall not cause any member of the commission to be required to execute a bond that a member of the commission is not otherwise required to execute.

74 Pa.C.S. § 8109 Acquisition of property rights by commission.

(a) Condemnation.--The commission may condemn, pursuant to 26 Pa.C.S. (relating to eminent domain), any lands, interests in lands, property rights, rights-of-way, franchises, easements and other property deemed necessary or convenient for the construction and efficient operation of the turnpikes and the toll road conversions or necessary in the restoration or relocation of public or private property damaged or destroyed. (b) Purchase.-- (1) The commission may acquire by purchase, whenever it shall deem the purchase expedient, or otherwise accept if dedicated to it, any lands, interests in lands, property rights, rights-of-way, franchises, easements and other property deemed necessary or convenient for the construction and efficient operation of the turnpikes and toll road conversions or necessary in the restoration of public or private property damaged or destroyed, whether the property has been previously condemned or otherwise, upon terms and at a price as may be considered by the commission to be reasonable and can be agreed upon between the commission and the owner thereof and to take title thereto in the name of the commission. (2) The net proceeds of the purchase price payable to a municipality or the department for any real property or interest therein obtained by the commission pursuant to this chapter, less the cost of retiring any bonded indebtedness on the property or interest, shall be used exclusively, in the case of a municipality, for road-related and bridge-related expenses and, in the case of the department, for highway and bridge construction, reconstruction and maintenance in the same engineering and maintenance district in which the property is located.

74 Pa.C.S. § 8110 Procedural requirements of acquisition.

(a) Title.--Title to any property condemned by the commission shall be taken in the name of the commission. (b) Entry.-- (1) In addition to any others powers set forth in this chapter, the commission and its authorized agents and employees may enter upon any lands, waters and premises in this Commonwealth for the purpose of making surveys, soundings, drillings and examinations, as it may deem necessary or convenient for the purpose of this chapter. (2) The entry shall not be deemed a trespass, nor shall an entry for the purposes be deemed an entry under any condemnation proceedings which may be then pending. (3) The commission shall make reimbursement for any actual damages resulting to the lands, waters and premises as a result of the activities. (c) Restoration of property.--Any public or private property damaged or destroyed in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation made for the property out of funds provided under the authority of this chapter. (d) Powers of public bodies.--Notwithstanding any other provision of law to the contrary, a political subdivision or a public agency or commission of the Commonwealth may lease, lend, dedicate, grant, convey or otherwise transfer to the commission, upon its request, upon terms and conditions as the proper authorities of the political subdivision or public agency or commission of the Commonwealth deems reasonable and fair and without the necessity for any advertisement, order of court or other action or formality, other than the regular and formal action of the authorities concerned, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the commission, including public roads and other real property already devoted to public use.

74 Pa.C.S. § 8111 Entry and possession of property condemned.

Whenever the commission has condemned any lands, rights, rights-of-way, easements and franchises, or interests therein, as provided in this chapter, the commission may proceed to obtain possession in the manner provided by 26 Pa.C.S. (relating to eminent domain).

74 Pa.C.S. § 8112 Issuance of turnpike revenue bonds or other obligations.

(a) Authorization.-- (1) A bond must be authorized by resolution of the commission. The resolution may specify all of the following: (i) Series. (ii) Date of maturity not exceeding 40 years from date of issue. (iii) Interest. (iv) Denomination. (v) Form, either coupon or fully registered without coupons. (vi) Registration, exchangeability and interchangeability privileges. (vii) Medium of payment and place of payment. (viii) Terms of redemption not exceeding 105% of the principal amount of the bond. (ix) Priorities in the revenues or receipts of the commission. (2) A bond must be signed by or shall bear the facsimile signature of such officers as the commission determines. A bond may be issued and delivered notwithstanding that one or more of the signing officers or the treasurer has ceased to be an officer when the bond is actually delivered. A bond must be authenticated by an authenticating agent, a fiscal agent or a trustee, if required by the authorizing resolution. (3) A bond may be sold at public or private sale for a price determined by the commission. (4) Pending the preparation of a definitive bond, interim receipts or temporary bonds without coupons may be issued to the purchaser and may contain terms and conditions as the commission determines. (b) Provisions.--A resolution authorizing a bond may contain provisions which shall be part of the contract with the bondholder as to the following: (1) Pledging the full faith and credit of the commission, but not of the Commonwealth or any political subdivision for the bond or restricting the obligation of the commission to all or any of the revenue of the commission from all or any projects or properties. (2) The payment of the costs of the department, the costs of the turnpikes and the toll road conversions, including the reconstruction of the converted roads as provided for in this chapter and the repayment to the Federal Treasury of any funds so required to be repaid pursuant to any special legislation passed by the Congress of the United States authorizing the conversion of toll-free roads to toll roads, the financing for insurance reserves and the duties of the commission with reference to these matters. (3) Terms and provisions of the bond. (4) Limitations on the purposes to which the proceeds of the bond or other financing may be applied. (5) Rate of tolls and other charges for use of the facilities of or for the services rendered by the commission. (6) The setting aside, regulation and disposition of reserves and sinking funds. (7) Limitations on the issuance of additional bonds. (8) Terms and provisions of any deed of trust or indenture securing the bond or under which any deed of trust or indenture may be issued. (9) Other additional agreements with the holder of the bond. (c) Deeds of trust.--The commission may enter into any deed of trust, indenture or other agreement with any bank or trust company or other person in the United States having power to enter into such an arrangement, including any Federal agency, as security for a bond and may assign and pledge all or any of the revenues or receipts of the commission under such deed, indenture or agreement. The deed of trust, indenture or other agreement may contain provisions as may be customary in such instruments or as the commission may authorize, including provisions as to the following: (1) For the payment of the costs of the department, the costs of the turnpikes and the toll road conversions, including the reconstruction of the converted roads as provided for in this chapter and the repayment to the Federal Treasury of any funds so required to be repaid pursuant to any special legislation passed by the Congress of the United States authorizing the conversion of toll-free roads to toll roads, financing for insurance reserves and the duties of the commission with reference to these matters. (2) Application of funds and the safeguarding of funds on hand or on deposit. (3) Rights and remedies of trustees and bondholders, including restrictions upon the individual right of action of a bondholder. (4) Terms and provisions of the bond or the resolution authorizing the issuance of the bond. (d) Negotiability.--A bond shall have all the qualities of negotiable instruments under 13 Pa.C.S. Div. 3 (relating to negotiable instruments).

74 Pa.C.S. § 8113 Obligation proceeds restricted and lien created.

All money received from any bonds, notes or other obligations issued under this chapter shall be applied solely to the payment of the costs of the department, the costs of the turnpikes, the turnpike extensions and improvements and the toll road conversions, including the reconstruction of the converted roads as provided for in this chapter and the repayment to the Federal Treasury of any funds so required to be repaid pursuant to any special legislation passed by the Congress of the United States authorizing the conversion of toll-free roads to toll roads or to the appurtenant fund. There is created and granted a lien upon the money, until so applied, in favor of holders of the bonds, notes or other obligations or the trustee provided for in this chapter in respect of the bonds, notes or other obligations.

74 Pa.C.S. § 8114 Trust indenture authorized.

(a) Security for bonds.--In the discretion of the commission, the bonds, notes or other obligations may be secured by a trust indenture by and between the commission and a corporate trustee, which may be any trust company or bank having the powers of a trust company, within this Commonwealth. The trust indenture may pledge or assign tolls and revenue to be received but shall not convey or mortgage the Pennsylvania Turnpike System, including the turnpikes and toll road conversions provided for by this chapter. (b) Rights of bondholders.--Either the resolution providing for the issuance of the bonds, notes or other obligations or the trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders or holders of notes or other obligations as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the commission in relation to the acquisition of properties and the construction, maintenance, operation and repair and insurance of the turnpikes and the custody, safeguarding and application of all money. It shall be lawful for any bank or trust company incorporated under the laws of this Commonwealth to act as a depository of the proceeds of bonds, notes or other obligations or revenues and to furnish the indemnity bonds or to pledge the securities as may be required by the commission. The trust indenture may set forth the rights and remedies of the bondholders or holders of notes or other obligations and of the trustee and may restrict the individual right of action of bondholders or holders of notes or other obligations as is customary in trust indentures securing bonds, debentures of corporations, notes or other obligations. In addition to the foregoing, the trust indenture may contain other provisions as the commission may deem reasonable and proper for the security of bondholders or holders of notes or other obligations. All expenses incurred in carrying out the trust indenture may be treated as part of the cost of maintenance, operation and repair of the turnpikes and toll road conversions provided for by this chapter.

74 Pa.C.S. § 8115 Commission and obligations tax exempt.

The accomplishment by the commission of the authorized purposes stated in this chapter being for the benefit of the people of this Commonwealth and for the improvement of their commerce and prosperity, in which accomplishment the commission will be performing essential governmental functions, the commission shall not be required to pay any taxes or assessments on any property acquired or used by it for the purposes provided in this chapter, and the bonds, notes or other obligations issued by the commission, their transfer and the income therefrom, including any profits made on the sale thereof, shall at all times be free from taxation within this Commonwealth.

74 Pa.C.S. § 8116 Collection and disposition of tolls and other revenue.

(a) Establishment and changes in toll amounts.--Subject to the terms of any trust indenture entered into by the commission or any resolution authorizing the issuance of any bonds, notes or other obligations of the commission, the commission is authorized to fix and to revise tolls for the use of the Pennsylvania Turnpike System and the different parts or sections of the system, including the turnpike, the turnpike extensions and improvements and the toll road conversions authorized by this chapter. The commission is further authorized to charge and collect tolls; to contract with any person, partnership, association or corporation desiring the use of any part thereof, including the right-of-way adjoining the paved portion, for placing thereon telephone, telegraph, electric light or power lines, gas stations, garages, stores, hotels, restaurants and advertising signs or for any other purpose, except for service plazas in the right-of-way along Interstate 80 and for tracks for railroad or railway use; and to fix the terms, conditions, rents and rates of charges for use. Tolls shall be fixed and adjusted as to provide funds at least sufficient with other revenues of the Pennsylvania Turnpike System, if any, to pay all of the following: (1) The cost of the turnpikes. This paragraph includes the cost of constructing, reconstructing, widening, expanding, extending, maintaining, repairing and operating the Pennsylvania Turnpike System and the different parts and sections of the system. (2) Any of the following: (i) The commission's bonds, notes or other obligations and the interest on them. (ii) Sinking fund requirements of the commission. (iii) Other requirements provided for by any resolution authorizing the issuance of the bonds, notes or other obligations by the commission, or by any trust indenture to which the commission is a party, as they become due. (3) Amounts due to the department under 75 Pa.C.S. Ch. 89 (relating to Pennsylvania Turnpike) and pursuant to the lease agreement under 75 Pa.C.S. § 8915.3 (relating to lease of Interstate 80; related agreements). (4) The cost of repayment to the Federal Government of funds required to be repaid pursuant to Federal legislation authorizing the conversion of toll-free roads to toll roads. (5) Any other amounts payable to the Commonwealth or to the department. (b) Restrictions on toll revenue.--Tolls shall not be subject to supervision or regulation by any other State commission, board, bureau or agency. Subject to the terms of any presently existing trust indenture entered into by the commission and any presently existing resolution authorizing the issuance of any bonds, notes or other obligations of the commission, the tolls and all other revenue derived from the Pennsylvania Turnpike System shall be set aside and pledged as may be provided in any resolutions, trust indentures or any other agreements that the commission may hereafter adopt or hereafter enter into with respect to the issuance of bonds, notes or other obligations of the commission. Cross References. Section 8116 is referred to in section 1380 of Title 75 (Vehicles).

74 Pa.C.S. § 8117 Electronic toll collection.

(a) Liability of owner.-- (1) If an operator of a vehicle fails to pay the prescribed toll at any location where tolls are collected by means of electronic toll collection, the owner of the vehicle shall be liable to the commission for failure of the operator of the vehicle to comply with this section if the violation is evidenced by information obtained from a toll collection system. (2) The registration plate number of the vehicle as recorded by a toll collection system shall establish an inference that the owner of the vehicle was then operating the vehicle. The inference shall be overcome if the owner provides a written statement indicating the following: (i) that the owner was not operating the vehicle at the time of travel; and (ii) (Deleted by amendment). (iii) (Deleted by amendment). (iv) the name and residence address of the operator of the vehicle at the time of travel. (3) Failure to send the required information within 30 days of the original invoice date shall result in the owner being liable for the total amount due. (4) If the inference is overcome, the operator of the vehicle at the time of travel may be held liable under this section for failure to pay the prescribed toll in the same manner as if the operator were the owner of the vehicle. (b) Imposition of liability.--Liability under this section shall be imposed upon an owner for failure to pay the prescribed toll charges assessed under this section or the regulations of the commission occurring within the territorial limits of this Commonwealth. Based on evidence obtained by a toll collection system, the following shall apply: (1) The commission or an authorized agent or employee must prepare and mail an invoice assessing the toll charges incurred as follows: (i) The invoice must be sent by first class mail to each person alleged to be liable as an owner. (ii) The invoice must be mailed at the address shown on the vehicle registration or at the address of the operator, as applicable. The invoice must be mailed no later than 60 days after: (A) the date of travel; or (B) the date the inference is overcome under subsection (a)(2). (iii) Personal service is not required. (iv) The invoice must contain all of the following: (A) Information advising the person charged of the manner and time in which the toll charges in the invoice may be contested. (B) A warning advising the person charged that failure to contest the invoice in the manner and time provided shall be deemed an admission of liability for the total amount due. (1.1) A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the mailing of the invoice. (1.2) If mail, other than unclaimed mail, is returned undelivered, the commission may obtain address information from sources, such as the United States Postal Service, debt collection services, reviews of telephone directories or related skip-tracing practices, to locate an alternative address for the vehicle owner or the address of the operator, as applicable. (2) If an owner of a vehicle or an owner that is a lessor of a vehicle receives an invoice under this section for any time period during which the vehicle was reported to a police department as having been stolen, it shall be a defense to the allegation of liability that the vehicle had been reported to the police as having been stolen prior to the time the travel occurred and that the vehicle had not been recovered by the time of the travel. For purposes of asserting the defense under this paragraph, it shall be sufficient that a certified copy of the police report on the stolen vehicle be sent by first class mail to the commission within 30 days after receiving the original invoice. Failure to send the information within the time limit under this paragraph shall render the owner or lessor liable for the tolls and fees assessed in the invoice as prescribed by this section. (3) An owner that is a lessor of a vehicle as to which an invoice was issued under paragraph (1) shall not be liable for tolls assessed in the invoice if the owner sends to the commission a copy of the rental, lease or other contract document covering the vehicle on the date of travel, with the name and address of the lessee clearly legible to the commission, within 30 days after receiving the original invoice. Failure to send the information within the time limit under this paragraph shall render the lessor liable for the tolls and fees assessed in the invoice as prescribed by this section. If the lessor complies with the provisions of this section, the lessee of the vehicle on the date of travel shall be deemed to be the owner of the vehicle for purposes of this section and shall be subject to liability for the tolls and fees assessed in the invoice under this section. (4) A certified report or a facsimile report of an authorized agent or employee of the commission reporting a violation of this section or regulations of the commission based upon the recorded information obtained from a toll collection system shall be prima facie evidence of the facts contained in the report and shall be admissible as an official record kept in the ordinary course of business in any proceeding charging a violation of this section or the toll collection regulations of the commission. (5) Notwithstanding any other provision of law, videotapes, photographs, microphotographs, other recorded images, written records, reports or facsimiles prepared pursuant to this section shall be for the exclusive use of the commission, its authorized agents, its employees and law enforcement officials for the purpose of discharging duties under this section and the regulations of the commission. 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, the regulations of the commission or indemnification for liability imposed pursuant to this section. The restrictions set forth in this paragraph: (i) 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; (ii) shall not be deemed to preclude the exchange of the information between any entities with jurisdiction over or which operate a toll collection system in this Commonwealth or any other jurisdiction; and (iii) shall not be deemed to prohibit the use of information exclusively for the purpose of billing electronic toll collection accounts, deducting toll charges from accounts, enforcing toll collection laws and related regulations or enforcing the provisions of accounts. (6) An imposition of liability under this section must be based upon a preponderance of evidence. (7) An imposition of liability pursuant to this section shall not be deemed a conviction of an owner and shall not be made part of the motor vehicle operating record of the person upon whom the liability is imposed, nor shall it be considered in the provision of motor vehicle insurance coverage. (8) An owner that admits, is found liable or fails to pay the invoice resulting in a violation of this section shall be civilly liable to the commission for all of the following: (i) Either: (A) the amount of the toll evaded or attempted to be evaded if the amount can be determined; or (B) the maximum toll from the farthest point of entry on the Pennsylvania Turnpike to the actual point of exit if the amount of the toll evaded or attempted to be evaded cannot be determined. (ii) A reasonable administrative fee not to exceed $35 per notification. (9) Nothing in this section shall be construed to limit the liability of the operator of a vehicle for a violation of this section or of the regulations of the commission. (c) Placement of electronic toll collection device.--An electronic toll collection device which is affixed to the front windshield of a vehicle in accordance with the regulations of the commission shall not be deemed to constitute a violation of 75 Pa.C.S. § 4524 (relating to windshield obstructions and wipers). (d) Privacy of electronic toll collection information.-- (1) Except as set forth under paragraph (2), notwithstanding any other provision of law, all of the following apply to information kept by the commission, its authorized agents or its employees which is related to an account for electronic toll collection and any information collected by a toll collection system: (i) The information shall be for the exclusive use of the commission, its authorized agents, its employees and law enforcement officials for the purpose of discharging their duties pursuant to this section and the regulations of the commission. This subparagraph includes names, addresses, account numbers, account balances, personal financial information, vehicle movement records and other information compiled by a toll collection system. (ii) The information shall not be deemed a public record under the Right-to-Know Law, nor shall it be discoverable by court order or otherwise or be offered in evidence in any action or proceeding which is not directly related to the discharge of duties under this section, the regulations of the commission or a violation of the terms in an account. (2) Paragraph (1) shall not be deemed to do any of the following: (i) 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. (ii) Preclude the exchange of the information between any entities with jurisdiction over or which operate a toll collection system in this Commonwealth or any other jurisdiction. (iii) Prohibit the use of the information exclusively for the purpose of billing electronic toll collection accounts, deducting toll charges from an account, enforcing toll collection laws and related regulations or enforcing the provisions of an account. (d.1) Notice for posting video toll or flat video toll to customer account.-- (1) The commission shall indicate on an account statement if a video toll has been posted to the customer's account, including the date and the dollar amount of the video toll. (2) The commission shall post notice on its publicly accessible Internet website indicating an account may be charged a flat video toll if the commission is unable to match a license plate image. (3) The commission shall notify the account upon the posting of the first flat video toll to the account in a calendar year in accordance with the preferences indicated in the account. The notification shall include: (i) Information on proper placement of the electronic toll collection device. (ii) Information regarding replacement of the electronic toll collection device. (iii) Notice that failure to respond may result in additional flat video tolls and administrative fees posted to the account. (iv) Other information as determined by the commission. (4) The commission shall provide for an appeal process. (e) Definition.--As used in this section, the term "owner" means any person, corporation, firm, partnership, agency, association, organization or lessor that, at the time a vehicle is operated in violation of this section or regulations of the commission: (1) is the beneficial or equitable owner of the vehicle; (2) has title to the vehicle; or (3) is the registrant or coregistrant of the vehicle registered with the department or a comparable agency of another jurisdiction or uses the vehicle in its vehicle renting or leasing business. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person. (Nov. 3, 2022, P.L.1734, No.112, eff. 60 days) 2022 Amendment. Act 112 amended subsecs. (a), (b) and (d) and added subsec. (d.1). Cross References. Section 8117 is referred to in sections 8102, 9110 of this title; sections 1332, 1380 of Title 75 (Vehicles).

74 Pa.C.S. § 8118 Refunding bonds.

The commission is authorized to provide, by resolution, for the issuance of turnpike revenue refunding bonds for the purpose of refunding issued and outstanding turnpike revenue bonds, notes or other obligations. Applicable provisions of this chapter govern all of the following: (1) Issuance of the turnpike revenue refunding bonds. (2) Maturities and other details of the refunding bonds. (3) Rights of the holders of the bonds. (4) Duties of the Commonwealth and of the commission in respect to the bonds.

74 Pa.C.S. § 8119 Rights of obligation holders and trustees.

(a) Scope.--This section applies to all of the following: (1) A holder of: (i) a bond, note or other obligation issued under this chapter; or (ii) a coupon attached to the bond, note or other obligation. (2) The trustee under an applicable trust indenture. (b) Enforcement.--Subject to subsection (c), a person referred to in subsection (a) may, by an action at law or in equity, do all of the following: (1) Protect and enforce rights granted under this chapter or under the resolution or trust indenture. (2) Enforce and compel performance of all duties required by this chapter or by the resolution or trust indenture to be performed by the commission or an officer of the commission. This paragraph includes fixing, charging and collecting of tolls for the use of the turnpikes. (c) Restriction.--Rights under this chapter may be restricted by resolution passed before the issuance of the bond, note or other obligation or by the trust indenture.

74 Pa.C.S. § 8120 Authority granted to secretary.

(a) Agreement with Federal Government.-- (1) The secretary is authorized to enter into an agreement with the United States Department of Transportation, the Federal Highway Administration and any other Federal agency to obtain Federal funds for projects for resurfacing, restoring and rehabilitating toll roads in this Commonwealth. The commission is authorized to use Federal funds which may be available for toll roads only upon approval of the secretary and only under the authority granted under this section. (2) (Reserved). (b) Approval by department.--A copy of each contract and agreement relating to the construction of the turnpikes and connecting tunnels, bridges, slip interchanges and slip ramps shall be provided to the department for review and comment prior to execution of this contract or agreement.

74 Pa.C.S. § 8121 Annual hearing and reports.

(a) Duty to testify.--Upon request, at least one commission member shall testify at a public hearing before the Appropriations Committee of the Senate and the Appropriations Committee of the House of Representatives each year to present information on turnpike operations and coordination with other State agencies. (b) Duty to report.-- (1) No later than October 1, 2022, and each October 1 thereafter, the commission shall submit a report to the General Assembly summarizing toll revenues that are collected and uncollected, and projected to be collected and uncollected, including the reasons that the toll revenues are uncollected, during the prior fiscal year. (2) The report shall be submitted to the following: (i) The chairperson and minority chairperson of the Transportation Committee of the Senate. (ii) The chairperson and minority chairperson of the Transportation Committee of the House of Representatives. (3) The report shall include the following information: (i) The dollar amount of toll revenues collected and projected to be collected during the prior fiscal year. (ii) The dollar amount and percentage of toll revenues collected and projected to be collected during the prior fiscal year by collection method. (iii) The dollar amount and percentage of tolls uncollected and projected to be uncollected during the prior fiscal year. (iv) A breakdown of uncollected tolls detailing the reason for failure to collect, including an unreadable or missing license plate, an undeliverable address or an unpaid invoice. (c) Feasibility study.-- (1) The commission shall conduct a feasibility study to assess alternative electronic toll collection payment options. The study shall include: (i) A review of third-party organizations that process accounts and transactions for toll collection through electronic funds transfer. (ii) A review of electronic push notification alerts with the goal of posting a notification within 24 hours of the transaction posting to a customer's account or as soon as practicable if a valid account is not recognized at the time of the transaction. (iii) Review of the commission's existing customer payment application. (iv) Recommendations from the commission. (2) The study shall be completed within one year of the effective date of this subsection and copies shall be submitted to the following: (i) The chairperson and minority chairperson of the Transportation Committee of the Senate. (ii) The chairperson and minority chairperson of the Transportation Committee of the House of Representatives. (Nov. 25, 2013, P.L.974, No.89, eff. 60 days; Nov. 3, 2022, P.L.1734, No.112, eff. 60 days) 2013 Amendment. See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.

74 Pa.C.S. § 8123 Construction of chapter.

This chapter shall be regarded as supplemental and additional to powers conferred by other statutes and shall not be regarded as in derogation of any powers now existing and shall be liberally construed to effect its purposes.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=74Fetched: 10/16/2026