Traffic Defense · 75 Pa.C.S. §§ 3326, 3362, 1535(e), 3369

Work-Zone Speeding Tickets and Camera Notices in Pennsylvania

A police-issued speeding ticket for going 11 mph or more over the limit in an active Pennsylvania work zone carries a 15-day license suspension under 75 Pa.C.S. § 1535(e), on top of the usual speeding points. An automated work-zone camera notice under § 3369 is different. It is a warning for a first offense and a $75 or $150 fine after that, and it is not a criminal conviction and adds no points.

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What the offense actually is.

Section 3326 sets drivers' duties in construction and maintenance areas. Speeding in a work zone is usually charged under § 3362, with the work-zone consequences coming from § 1535(e).

Automated speed enforcement under § 3369 mails a notice to the vehicle owner when a camera records a vehicle 11 mph or more over the posted limit in an active automated-enforcement work area.

What a conviction costs.

Under § 1535(e), a conviction report showing the violation happened in an active work zone creates a presumption that it did — so whether the zone was active is often the key fact.

Under § 3369, the camera penalty is not a criminal conviction, is not made part of your § 1535 driving record, and may not be used for insurance merit rating or surcharge points. The fine is not authorized when the work area is not active.

For the full point schedule and suspension thresholds, see the PA license points & suspension guide. If a magisterial district judge has already found you guilty, you have 30 days to file a summary appeal for a new trial at the Court of Common Pleas.

Work-Zone Speeding at a glance

75 Pa.C.S. §§ 3326, 3362, 1535(e), 3369

Points
Police ticket: speeding points under § 1535(a). Camera notice: no points (§ 3369)
Fine
Camera notice: written warning first, $75 second, $150 third and later (§ 3369)
License suspension
15 days for a § 3362 conviction 11+ mph over in an active work zone (§ 1535(e)(2))
CDL impact
Police ticket 15+ mph over is a serious violation (49 CFR 383.51 Table 2). Camera notices are not convictions
Grading
Police ticket: summary offense. Camera notice: owner liability penalty, not a criminal conviction

How these citations get fought

Defenses that actually move the outcome.

  • Zone was not active

    The § 1535(e) suspension and § 3369 penalties depend on an active work zone.

  • Speed measurement

    Timing devices and their calibration records can be challenged in a police-ticket case.

  • Camera notice timing

    A second camera offense does not count unless it happened at least 15 days after the warning was mailed (§ 3369).

  • Owner defenses

    Section 3369 provides owner defenses, such as a stolen vehicle.

How the case moves.

  1. Within 10 days: plead guilty or not guilty (Pa.R.Crim.P. 407). Paying the fine and costs is a guilty plea (Rule 409).
  2. Not-guilty plea: the magisterial district judge sets a summary trial and notifies you and the officer (Rule 408).
  3. Before trial: counsel can review the evidence and talk with the officer about the citation.
  4. After a conviction: you have 30 days to file a notice of appeal with the clerk of courts for a new trial in the Court of Common Pleas (Rule 460).
  5. PennDOT: points are assigned as of the violation date and must be assigned within six months of the conviction (§ 1535(a), (c)).

Likely outcomes.

Every case is different and no result can be promised. Common outcomes include a dismissal when the Commonwealth cannot prove the charge or the officer does not appear, an amendment to a different Vehicle Code section agreed with the officer, a conviction after trial, or a new trial on appeal. Sean P. Quinlan, Esq. reviews your citation and record before advising which path fits.

Other Pennsylvania violations

Don't pay that ticket yet.

Send the citation to Sean P. Quinlan, Esq. before you plead. Flat fee starting at $550 per citation. Or call (717) 724-7503.

Got a ticket?

Send it to us.

Sean P. Quinlan, Esq. reviews Central PA traffic citations. Flat fee starting at $550 per citation.

CDL holder? *

Confidential. Sending this form does not create an attorney-client relationship.

FAQ

Frequently asked questions.

Common questions about work-zone speeding citations in Pennsylvania — points, suspensions, and what a summary hearing looks like.

  • No. Under 75 Pa.C.S. § 3369, the penalty is not made part of your operating record under § 1535 and is not a criminal conviction.

  • A first offense is a written warning. A second is $75 and a third or later is $150 (§ 3369).

  • A police-issued § 3362 conviction for 11 mph or more over in an active work zone carries a 15-day suspension under § 1535(e)(2).

  • Section 3369 says the penalty may not be the subject of merit rating for insurance purposes or authorize surcharge points.

  • Yes. A police ticket for 15 mph or more over is a federal serious traffic violation for CDL holders (49 CFR 383.51 Table 2).

  • Sometimes. In many Central PA magisterial district courts, the officer and defense counsel can discuss amending a citation to a different Vehicle Code section before the hearing. Whether that is offered depends on the officer, the facts and your record, and it is never guaranteed.

  • Paying is pleading guilty. Points attach to your PennDOT record, your insurance can rise for years, and some convictions carry a suspension or a CDL disqualification on their own. Many citations can be reduced to a non-point violation or beaten at the summary trial.

  • At 6 points PennDOT can require a written exam or a departmental hearing under § 1538, and repeat 6-point accumulations bring escalating suspensions. At 11 points a suspension is automatic under § 1539. Under § 1537, three points come off for every 12 consecutive months without a suspension or a point-carrying violation.

  • Thirty days from the magisterial district judge's decision. A summary appeal goes to the county Court of Common Pleas for a trial de novo, meaning the case is heard fresh rather than reviewed for error.

Sources & statutory citations

  1. [1]75 Pa.C.S. § 3326 — Duty of driver in construction and maintenance areas or on highway safety corridors.
  2. [2]75 Pa.C.S. § 3362 — Maximum speed limits.
  3. [3]75 Pa.C.S. § 1535 — Schedule of convictions and points; §1535(e) — automatic 15-day suspension for active work-zone speeding.
  4. [4]75 Pa.C.S. § 3369 — Automated speed enforcement in active work zones. Violation at 11+ mph over; first offense is a written warning, $75 for a second and $150 for third and subsequent offenses; the penalty is not a criminal conviction, is not made part of the § 1535 operating record, and is not subject to insurance merit rating or surcharge points (§ 3369(e)).
  5. [5]Pa.R.Crim.P. 407 — Pleas in response to citation — within 10 days after issuance, the defendant must notify the issuing authority of a guilty or not-guilty plea.
  6. [6]Pa.R.Crim.P. 460 — Summary appeal — notice of appeal filed with the clerk of courts within 30 days after the guilty plea, conviction or other final order.

Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.

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