A4872

An Act concerning repeat toll violations and amending and supplementing P.L.1997, c.59.

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

1. This act shall be known and may be cited as the “End the Toll Trap Act.”

2. The Legislature finds and declares that:

a. Between July 2020 and July 2025, motorists incurred more than seven million toll violations in the State of New Jersey;

b. During this same period, the median violator received only two violation notices, and the average violator received less than four violation notices, demonstrating that most impacted motorists are not chronic offenders but ordinary motorists;

c. Administrative fees associated with toll violations commonly exceed $50 per violation, causing disproportionate financial burdens on motorists who are not chronic offenders;

d. Many violations occur through no fault of the driver, including instances in which an electronic transponder malfunctions or fails to register properly;

e. Serial toll violators should continue to be penalized to the fullest extent permitted by law;

f. It is the public policy of this State to ensure that the cost burden of toll enforcement falls primarily on willful or repeat violators, and not on motorists who inadvertently incur violations despite making good-faith efforts to comply; and

g. Therefore, the purpose of this act is to structure penalties and administrative assessments in a manner that places responsibility on intentional toll violators while reducing excessive or unfair burdens on inadvertent toll violators.

3. Section 8 of P.L.1997, c.59 (C.27:23-34.3) is amended to read as follows:

8. a. If a violation of the toll collection monitoring system regulations is committed, as evidenced by a toll collection monitoring system, the authority or the agent of the authority may send an advisory and payment request within 60 days of the date of the violation to the owner of the vehicle by regular mail at the address of record for that owner with the New Jersey Motor Vehicle Commission or with any other motor vehicle licensing authority of another jurisdiction, providing the owner with the opportunity to resolve the matter prior to the issuance of a summons and complaint that charges a violation of the toll collection monitoring system regulations. The advisory and payment request shall contain sufficient information to inform the owner of the nature, date, time, and location of the alleged violation. The authority or its agent may require, as part of the advisory and payment request, that the owner pay to the agent the proper toll and, if the owner has committed three or more toll violations within the last 60 days of a 90 day period, a reasonable administrative fee established by the authority and based upon the actual cost of processing and collecting [the violation] all toll violations in the prior calendar year divided by the number of motorists who committed three or more toll violations within the last 60 days of a 90 day period in the prior calendar year. If the owner fails to pay the required toll and fee, if applicable, within 30 days of the date the advisory and payment request was sent, the owner shall be subject to liability on the 31st day following the date the advisory and payment request was sent for the violation of the toll collection monitoring system regulations by the vehicle operator pursuant to the issuance of a complaint and summons.

b. An owner of a vehicle who is a lessor of the vehicle used in violation of the toll collection monitoring system regulations of the authority shall not be liable for the violation of the regulations if the lessor submits to the authority, in a timely manner, a copy of the rental agreement, lease, or other contract document covering that vehicle on the date of the violation, with the name and address of the lessee clearly legible to the authority and to the court having jurisdiction over the violation. If the lessor fails to provide the information in a timely manner, the lessor shall be held liable for the violation of the regulations. If the lessor provides the required information to the authority, the lessee of the vehicle on the date of the violation shall be deemed to be the owner of the vehicle for the purposes of sections 6 through 10 of P.L.1997, c.59 (C.27:23-34.1 through C.27:23-34.5) and the toll collection monitoring system regulations and shall be subject to liability for the violation of the regulations.

c. Except as otherwise provided in this subsection, a certified report of an employee or agent of the authority reporting a violation of the toll collection monitoring system regulations and any information obtained from a toll collection monitoring system shall be available for the exclusive use of the authority and any law enforcement official for the purposes of discharging their duties pursuant to sections 6 through 10 of P.L.1997, c.59 (C.27:23-34.1 through C.27:23-34.5) and the toll collection monitoring system regulations. Any such report or information 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 certified reports and information, including, but not limited to, any recorded image of any motor vehicle, the license plate of any motor vehicle, or the operator or any passenger in any motor vehicle, 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 violation of the toll collection monitoring system regulations, or in any municipal court prosecution for a violation of any of the provisions of Title 39 of the Revised Statutes. However, in the event that, notwithstanding the provisions of subsection c. of section 7 of [this act] P.L.1997, c.59 (C.27:23-34.2), a recorded image of the face of the operator or any passenger in a motor vehicle is produced by the toll collection monitoring system, that image shall not be used by the authority for any purpose nor shall the image or any record or copy thereof be transmitted or communicated to any person, governmental, non-governmental, or judicial or administrative entity.

d. A complaint and summons charging a violation of the toll collection monitoring system regulations shall be on a form prescribed by the Administrative Director of the Courts pursuant to the Rules Governing the Courts of the State of New Jersey. The authority may authorize, by regulation, an employee or agent to be a complaining witness to make, sign, and initiate complaints and to issue summonses in the name of the authority on behalf of the State of New Jersey, pursuant to the Rules Governing the Courts of the State of New Jersey. The complaints and summonses may be made on information based upon evidence obtained by a toll collection monitoring system, the toll collection monitoring system record and the records of the New Jersey Motor Vehicle Commission or of any other state, province, or motor vehicle licensing authority.

Service may be made by means provided by the Rules Governing the Courts of the State of New Jersey.

Except as provided in subsection c. of this section, the recorded images produced by a toll collection monitoring system shall be considered an official record kept in the ordinary course of business and shall be admissible in a proceeding for a violation of any toll collection monitoring system regulations.

e. The municipal court of the municipality wherein a toll collection monitoring system record was made shall have jurisdiction to hear violations of the toll collection monitoring system regulations. Violations shall be enforced and penalties collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). A proceeding and a judgment arising therefrom shall be pursued and entered in accordance with the provisions of N.J.S.2B:12-1 et seq. and the Rules Governing the Courts of the State of New Jersey.

In addition to the civil penalty that may be assessed by a court having jurisdiction for a violation of the toll collection monitoring system regulations, a court shall require the defendant to pay the proper toll and shall require the defendant to pay a reasonable administrative fee, as determined by the authority. Following collection and distribution of the fees set forth in section 11 of P.L.1953, c.22 (C.22A:3-4), any tolls and administrative fees imposed and collected by the court for a violation of the toll collection monitoring system regulations shall be promptly remitted to the authority by the court. The civil penalty shall be distributed pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

(cf: P.L.2005, c.62, s.1)

4. (New section) a. Beginning one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the New Jersey Turnpike Authority shall submit an annual report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report shall include, at a minimum:

(1) the number of violations of the toll collection monitoring system regulations that occurred in the past year;

(2) the frequency of toll violations per individual;

(3) total revenue collected in the past year from repeat violators pursuant to subsection a. of section 7 of P.L.1999, c.59 (C.27:23-34.2) and subsection a. of section 8 of P.L.1997, c.59 (C.27:23-34.3);

(4) a year-to-year comparison of the number of toll violations and frequency of toll violations per individual for the past five years;

(5) an explanation of the administrative costs of processing a toll and a toll violation;

(6) the administrative fee assessed pursuant to subsection a. of section 8 of P.L.1997, c.59 (C.27:23-34.3); and

(7) the number of motorists who were not assessed a notice of violation or administrative fee under section 3 of P.L.2023, c.7 (C.27:23-34.8).

b. The information included in the report required by subsection a. of this section shall be categorized by class of vehicle, including, but not limited to, commercial motor vehicles and trailers.

5. Section 13 of P.L.1997, c.59 (C.27:25A-21.3) is amended to read as follows:

13. a. If a violation of the toll collection monitoring system regulations is committed, as evidenced by a toll collection monitoring system, the authority or the agent of the authority may send an advisory and payment request within 60 days of the date of the violation to the owner of the vehicle by regular mail at the address of record for that owner with the New Jersey Motor Vehicle Commission or with any other motor vehicle licensing authority of another jurisdiction, providing the owner with the opportunity to resolve the matter prior to the issuance of a summons and complaint that charges a violation of the toll collection monitoring system regulations. The advisory and payment request shall contain sufficient information to inform the owner of the nature, date, time, and location of the alleged violation. The authority or its agent may require as part of the advisory and payment request that the owner pay to the agent the proper toll and, if the owner has three or more toll violations within the last 60 days of a 90 day period, a reasonable administrative fee established by the authority and based upon the actual cost of processing and collecting [the violation] all toll violations in the prior calendar year divided by the number of motorists who committed three or more toll violations within the last 60 days of a 90 day period in the prior calendar year. If the owner fails to pay the required toll and fee, if applicable, within 30 days of the date the advisory and payment request was sent, the owner shall be subject to liability on the 31st day following the date the advisory and payment request was sent for the violation of the toll collection monitoring system regulations by the vehicle operator pursuant to the issuance of a complaint and summons.

b. An owner of a vehicle who is a lessor of the vehicle used in violation of the toll collection monitoring system regulations of the authority shall not be liable for the violation of the regulations if the lessor submits to the authority, in a timely manner, a copy of the rental agreement, lease, or other contract document covering that vehicle on the date of the violation, with the name and address of the lessee clearly legible to the authority and to the court having jurisdiction over the violation. If the lessor fails to provide the information in a timely manner, the lessor shall be held liable for the violation of the regulations. If the lessor provides the required information to the authority, the lessee of the vehicle on the date of the violation shall be deemed to be the owner of the vehicle for the purposes of sections 11 through 15 of P.L.1997, c.59 (C.27:25A-21.1 through C.27:25A-21.5) and the toll collection monitoring system regulations and shall be subject to liability for the violation of the regulations.

c. Except as otherwise provided in this subsection, a certified report of an employee or agent of the authority reporting a violation of the toll collection monitoring system regulations and any information obtained from a toll collection monitoring system shall be available for the exclusive use of the authority and any law enforcement official for the purposes of discharging their duties pursuant to sections 11 through 15 of P.L.1997, c.59 (C.27:25A-21.1 through C.27:25A-21.5) and the toll collection monitoring system regulations. Any such report or information 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 certified reports and information, including, but not limited to, any recorded image of any motor vehicle, the license plate of any motor vehicle, or the operator or passenger of any motor vehicle, 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 violation of the toll collection monitoring system regulations, or in any municipal court prosecution for a violation of any of the provisions of Title 39 of the Revised Statutes. However, in the event that, notwithstanding the provisions of subsection c. of section 12 of [this act] P.L.1997, c.59 (C.27:25A-21.2), a recorded image of the face of the operator or any passenger in a motor vehicle is produced by the toll collection monitoring system, that image shall not be used by the authority for any purpose nor shall the image or any record or copy thereof be transmitted or communicated to any person, governmental, non-governmental, or judicial or administrative entity.

d. A complaint and summons charging a violation of the toll collection monitoring system regulations shall be on a form prescribed by the Administrative Director of the Courts pursuant to the Rules Governing the Courts of the State of New Jersey. The authority may authorize, by regulation, an employee or agent to be a complaining witness to make, sign, and initiate complaints and to issue summonses in the name of the authority on behalf of the State of New Jersey, pursuant to the Rules Governing the Courts of the State of New Jersey. The complaints and summonses may be made on information based upon evidence obtained by a toll collection monitoring system, the toll collection monitoring system record, and the records of the New Jersey Motor Vehicle Commission or of any other state, province, or motor vehicle licensing authority.

Service may be made by means provided by the Rules Governing the Courts of the State of New Jersey.

In addition to the civil penalty that may be assessed by a court having jurisdiction for a violation of the toll collection monitoring system regulations, a court shall require the defendant to pay the proper toll and shall require the defendant to pay a reasonable administrative fee as established by the authority. Following collection and distribution of the fees set forth in section 11 of P.L.1953, c.22 (C.22A:3-4), any tolls and administrative fees imposed and collected by the court for a violation of the toll collection monitoring system regulations shall be promptly remitted to the authority by the court. The civil penalty shall be distributed pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

(cf: P.L.2005, c.62, s.2)

6. (New section) a. Beginning one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the South Jersey Transportation Authority shall submit an annual report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report shall include, at a minimum:

(1) the number of violations of the toll collection monitoring system regulations that occurred in the past year;

(2) the frequency of toll violations per individual;

(3) total revenue collected in the past year from repeat violators pursuant to subsection a. of section 12 of P.L.1999, c.59 (C.27:25A-21.2) and subsection a. of section 13 of P.L.1997, c.59 (C.27:25A-21.3);

(4) a year-to-year comparison of the number of toll violations and frequency of toll violations per individual for the past five years;

(5) an explanation of the administrative costs of processing a toll and a toll violation;

(6) the administrative fee assessed pursuant to subsection a. of section 13 of P.L.1997, c.59 (C.27:25A-21.3); and

(7) the number of motorists who were not assessed a notice of violation or administrative fee under section 4 of P.L.2023, c.7 (C.27:25A-21.8).

b. The information included in the report required by subsection a. of this section shall be categorized by class of vehicle, including, but not limited to, commercial motor vehicles and trailers.

7. a. There is established a task force to be known as the “New York and New Jersey Toll and Fee Reduction Task Force” to examine and evaluate the efficacy of current payment processing procedures and systems, and to provide recommendations to increase efficacy and reduce tolls and administrative fees.

b. (1) The task force shall be comprised of 12 members, six of whom shall be appointed by the State of New York and six of whom shall be appointed by the State of New Jersey. Of the members appointed by the State of New Jersey:

(a) two shall be appointed by the Governor;

(b) one shall be appointed by the President of the Senate;

(d) one shall be appointed by the Speaker of the General Assembly; and

(e) one shall be appointed by the General Assembly Minority Leader.

(2) Individuals appointed to the task force shall possess expertise in one or more of the following fields: transportation, tolling operation and enforcement, traffic engineering, procurement processes, information technology systems, public finance, and data analysis.

(3) The task force shall be co-chaired by one member appointed by each State, elected by the members appointed by each respective State.

(4) The task force shall meet no more than six months after the appointment of all members pursuant to paragraph (1) of this subsection, at which meeting the co-chairs shall be elected, and shall meet once each month thereafter. Three members appointed by each State shall be sufficient to establish a quorum. A simple majority of those members voting on a question shall be sufficient for the conducting of business, except that the final report required by subsection e. of this section shall be approved for release by no fewer than seven votes in the affirmative.

(5) Members of the task force shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties in the work of the task force by the State of their appointment.

c. The task force shall:

(1) identify inefficiencies in the tolling process and methods for reduction in costs;

(2) consider any amnesty programs implemented in New York or New Jersey, and if any programs shall be abolished, altered, or expanded;

(3) identify the impact of congestion pricing on motorists; and

(4) research and recommend methods for shifting the cost burden of toll violations away from occasional or inadvertent violators and onto intentional, repeat violators.

d. (1) The task force may establish advisory committees as it deems appropriate on matters relating to the task force's functions, powers, and duties. Such committees shall be chaired by a task force member, but may be composed of task force members as well as other individuals selected by the task force to provide expertise of interest specific to the charge of such committees.

(2) The task force may request that studies, surveys, or analyses relating to the task force's powers and duties be performed by any State department, commission, agency, or public authority, or by any department, commission, agency, or public authority within the State of New York, to the extent permitted by New York state law. All State departments, commissions, agencies, or public authorities shall provide information and advice in a timely manner and otherwise assist the task force with its work; provided, however, any information obtained pursuant to this paragraph shall be kept confidential and shall only be used by members of the task force in the course of their tasks and duties as a task force member.

e. The task force shall, no later than two years after the date of its first meeting, provide a final report to the Governor, the legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and the governor and legislature of the State of New York, of its findings, conclusions, and recommendations, including but not limited to any legislative proposals deemed necessary by the task force to implement the recommendations.

8. Sections 1 through 6 of this act shall take effect 120 days after the date of enactment. The New Jersey Turnpike Authority and the South Jersey Transportation Authority shall take such anticipatory action as may be necessary for the timely implementation of this act. Section 7 of this act shall take effect upon the passage of substantially similar legislation by the State of New York unless the State of New York has enacted such legislation prior to the date of enactment of this act, in which case section 7 of this act shall take effect immediately. Section 7 of this act shall expire upon the submission by the “New York and New Jersey Toll and Fee Reduction Task Force” of its final report as described in section 7 of this act.

STATEMENT

This bill provides that the New Jersey Turnpike Authority (NJTA) and South Jersey Transportation Authority (SJTA) may only assess an administrative fee to a toll violator if the violator has committed three or more toll violations within the last 60 days of a 90 day period. Additionally, the NJTA and SJTA are to base administrative fees on the actual cost of processing and collecting all toll violations in the prior calendar year divided by the number of motorists who committed three or more toll violations within the last 60 days of a 90 day period in the prior calendar year. The bill also requires the NJTA and SJTA to each submit an annual report to the Governor and Legislature concerning certain toll violation data, as outlined in the bill.

Additionally, the bill establishes a “New York and New Jersey Toll and Fee Reduction Task Force” to examine and evaluate the efficacy of current payment processing procedures and systems, and to provide recommendations to increase efficacy and reduce both tolls and administrative fees.

It is the sponsor’s intent to shift the cost burden of toll enforcement onto willful and repeat toll violators, rather than motorists who inadvertently incur violations despite making good-faith efforts to comply.