Title
June 15, 2006
To The President and Members of
The City Council of Philadelphia:
I am hereby returning to you unsigned, Bill Number 060320. This legislation amends Title 12 of The Philadelphia Traffic Code to include violations of the automated red light camera enforcement system as a basis for vehicle impoundment, and increases the fees for failure to respond to red light camera violations. I have been advised this Bill exceeds Council's authority under Act 123, the State enabling legislation that granted the City power to establish a red light camera system as a means of Traffic Code enforcement. In so far as this Bill exceeds Council's authority, it is of no effect.
In 2002, the State legislature enacted Act 123 which authorized the City to establish a system to enforce the prohibition on driving through red lights. 75 Pa. C.S. §3116. Without such an authorization, the City would not have had the power to establish such a system. Act 123 controls most aspects of the issuance of tickets for violations of the red light enforcement system. Specifically, its establishes the amount of fine(s) for tickets issued; it controls the time of fine imposition; the effect of the ticket on the driver's driving record; the manner of fine payment; and the distribution of fine revenues collected under the system. In controlling almost every aspect of administering the red camera enforcement system, Act 123 preempts local legislation regarding the same.
Sincerely,
John F. Street, Esquire
Mayor - City of Philadelphia
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