S2277

An Act concerning traffic control signal monitoring systems and amending P.L.2007, c.348 and R.S.39:4-115.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 3 of P.L.2007, c.348 (C.39:4-8.14) is amended to read as follows:

3. a. The Commissioner of Transportation shall establish a five-year pilot program to determine the effectiveness of the installation and utilization of traffic control signal monitoring systems in this State. A municipality desiring to participate in the program shall submit an application to the Commissioner of Transportation. The application shall include:

(1) The intersection or intersections in the municipality at which it is desired to install and utilize a traffic control signal monitoring system;

(2) Data which indicate that the intersection or intersections in question have a high number of violations of the traffic control signals, and any additional safety data the municipality deems appropriate;

(3) A certification by the municipal engineer that [(a)] the intersection or intersections in question have a minimum duration of the amber light at the traffic control signal of [three]:

(a) four seconds if at least 85 percent of the vehicular traffic approaching the signal is traveling at a speed of [25] 30 miles per hour or less; [and (b) for each five mile increase in the speed of vehicular traffic referred to in subparagraph (a) of this paragraph above 30 miles per hour this minimum duration of the amber light shall be increased by one-half second]

(b) four and one half seconds if at least 85 percent of the vehicular traffic approaching the signal is traveling at a speed of more than 30 miles per hour but less than or equal to 35 miles per hour;

(c) five seconds if at least 85 percent of the vehicular traffic approaching the signal is traveling at a speed of more than 35 miles per hour but less than or equal to 40 miles per hour;

(d) five and one half seconds if at least 85 percent of the vehicular traffic approaching the signal is traveling at a speed of more than 40 miles per hour but less than or equal to 45 miles per hour;

(e) six seconds if at least 85 percent of the vehicular traffic approaching the signal is traveling at a speed of more than 45 miles per hour but less than or equal to 50 miles per hour;

(f) six and one half seconds if at least 85 percent of the vehicular traffic approaching the signal is traveling at a speed of more than 50 miles per hour but less than or equal to 55 miles per hour; and

(g) seven seconds if at least 85 percent of the vehicular traffic approaching the signal is traveling at a speed of more than 55 miles per hour;

(4) Such other information as the Commissioner of Transportation may require.

The commissioner may approve as many municipalities making application as he deems appropriate, and shall indicate which of the intersections in those applications are approved for the installation and utilization of traffic control signal monitoring systems.

b. Notwithstanding the provisions of P.L.1992, c.91 (C.39:4-103.1), the governing body of a municipality, by ordinance, may determine to install and utilize a traffic control signal monitoring system to facilitate the lawful observance of and compliance with traffic control signals governing the flow of traffic at intersections under its jurisdiction approved by the Commissioner of Transportation pursuant to subsection a. of this section.

c. A traffic control signal monitoring system installed and utilized pursuant to this section shall be of a type approved by the governing body of the municipality.

d. In any municipality where the governing body has authorized the installation and use of a traffic control signal monitoring system pursuant to subsection b. of this section, a sign notifying drivers that such a monitoring system is being utilized shall be placed on each street converging into the affected intersection. The sign shall be of a design and placed in accordance with specifications approved by the municipal engineer. The specifications so approved shall conform with the uniform system set forth in the "Manual on Uniform Traffic Control Devices for Streets and Highways."

e. A traffic control signal monitoring system shall be inspected and certified at least once every six months by the municipal engineer from the date of its installation for the duration of the five-year pilot program prescribed by P.L.2007, c.348 (C.39:4-8.12 et seq.).

f. In any municipality in which the governing body has authorized the installation and use of a traffic control signal monitoring system pursuant to subsection b. of this section, a vendor contracting with that municipality concerning the installation and use of such system shall establish a public awareness campaign to notify the public of the intersection at which the system will be installed and of the date on which the system will be activated. The public awareness campaign shall, at a minimum, utilize electronic and print media and shall make available
electronically on an Internet website the information required under this subsection.

(cf: P.L.2009, c.52, s.2)

2. Section 4 of P.L.2007, c.348 (C.39:4-8.15) is amended to read as follows:

4. a. In any municipality where the governing body has authorized the installation and use of a traffic control signal monitoring system, a law enforcement official of such municipality shall review the recorded images produced by the traffic control signal monitoring system. In conducting such review, the law enforcement official shall determine whether there is sufficient evidence to conclude that a traffic control signal violation has occurred and shall issue, within 90 days from the date on which the violation occurred, a summons where it is deemed appropriate, provided, however, that the law enforcement official shall not issue a summons for a traffic control signal violation if the violation occurred within the one-half second immediately after the traffic control signal displayed a red light. A traffic control signal violation summons issued pursuant to a traffic control signal monitoring system established in accordance with this act shall be served by a law enforcement official in accordance with the Rules of Court. Except as otherwise provided in this subsection, the recorded images produced by the traffic control signal monitoring system shall be available for the exclusive use of any law enforcement official for the purposes of discharging the official's duties pursuant to P.L.2007, c.348 (C.39:4-8.12 et seq.). Any recorded image or information produced in connection with the traffic control signal monitoring system shall not be deemed a public record under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to public records. The recorded images shall not be discoverable as a public record by any person, entity, or governmental agency, except upon a subpoena issued by a grand jury or a court order in a criminal matter, nor shall they be offered in evidence in any civil or administrative proceeding not directly related to a traffic control signal violation.

Any recorded image or information produced in connection with the traffic control signal monitoring system pertaining to a specific violation shall be purged and not retained later than 60 days after the collection of any fine or penalty. If a law enforcement official does not issue a summons for a traffic control signal violation within 90 days, all recorded images and information collected pertaining to that alleged violation shall be purged within three days. Any municipality operating a traffic control signal monitoring system shall certify compliance with this subsection in the report required to be filed with the Commissioner of Transportation pursuant to section 6 of P.L.2007, c.348 (C.39:4-8.17).

b. Except as provided in subsection c. of this section, the owner and operator shall be jointly liable for a traffic control signal violation summons issued pursuant to a traffic control signal monitoring system established in accordance with this act, unless the owner can show that the vehicle was used without his consent, express or implied. An owner who pays any fine, penalty, civil judgment, costs or administrative fees in connection with a traffic control signal violation issued pursuant to a traffic control signal monitoring system shall have the right to recover that sum from the operator in a court of competent jurisdiction.

c. The owner of a motor vehicle who is a lessor shall not be liable for a traffic control signal violation summons issued pursuant to this act when the motor vehicle is under the control or in the possession of the lessee, if upon notice of a traffic control signal violation, the owner of the motor vehicle which was leased at the time of the offense notifies the clerk of the court where the case is pending, by an affidavit of the name and address of the lessee. The affidavit shall be in a form prescribed by the Administrative Director of the Courts.

After providing the name and address of the lessee, the owner shall not be required to attend a hearing of the offense, unless otherwise notified by the court.

d. In no case shall motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) be assessed against any person for a violation occurring under the provisions of this act.

e. (Deleted by amendment, P.L.2009, c.52)

(cf: P.L.2009, c.52, s.3)

3. R.S.39:4-115 is amended to read as follows:

39:4-115. The driver of a vehicle or the motorman of a streetcar:

a. intending to turn to the right or left at an intersection where traffic is controlled by traffic control signals or by a traffic or police officer, shall proceed to make either turn with proper care to avoid accidents and, except as provided in b. below, only upon the "go" signal unless otherwise directed by a traffic or police officer, an official sign or special signal; or

b. intending to turn right at an intersection where traffic is controlled by a traffic control signal shall, unless an official sign of the State, municipality, or county authority having jurisdiction over the intersection prohibits the same, proceed to make the turn upon a "stop" or "caution" signal with proper care to avoid accidents after coming to a full stop, observing traffic in all directions, yielding to other vehicular traffic traveling in a direction in which the turn will be made, and stopping and remaining stopped for pedestrians crossing the roadway within a marked crosswalk, or at an unmarked crosswalk, into which the driver is turning. The penalty for a violation of this subsection shall be $20 if the violation is detected by a traffic control signal monitoring system authorized pursuant to P.L.2007, c.348 (C.39:4-8.12 et seq.).

Both the approach for and the turn shall be made as close as practicable to the right-hand curb or edge of the roadway, unless such intersection is otherwise posted.

(cf: P.L.2009, c.319, s.3)

4. This act shall take effect on the first day of the fourth month next following enactment.

STATEMENT

This bill increases the required duration of the amber light at intersections with a traffic control signal monitoring system (“red light camera”) and implements a grace period for violations occurring in the one-half second immediately after a traffic control signal turns red.

Under current law, the amber light must have a minimum duration of three seconds if at least 85 percent of the approaching vehicular traffic is traveling at a speed of 25 miles per hour or less. The required duration of the amber light increases by one-half second for every five mile increase in the speed of vehicular traffic approaching the intersection. Under the bill’s provisions, the amber light at an intersection with a red light camera must have a minimum duration of:

(a) four seconds if at least 85 percent of the vehicular traffic approaching the signal is traveling at a speed of 30 miles per hour or less;

(c) five seconds if at least 85 percent of the vehicular traffic approaching the signal is traveling at a speed of more than 35 miles per hour but less than or equal to 40 miles per hour;

(e) six seconds if at least 85 percent of the vehicular traffic approaching the signal is traveling at a speed of more than 45 miles per hour but less than or equal to 50 miles per hour;

(g) seven seconds if at least 85 percent of the vehicular traffic approaching the signal is traveling at a speed of more than 55 miles per hour but less than or equal to 60 miles per hour.

The bill also sets the penalty for failing to come to a full stop, observe traffic in all directions, yield to other vehicular traffic traveling in a direction in which the turn will be made, or stop and remaining stopped for pedestrians crossing the roadway within a marked crosswalk, or at an unmarked crosswalk, into which the driver is turning at $20 if the violation was detected using a red light camera. The fine for violations detected using other means remains unchanged.