A5549

An Act concerning the administrative fee for certain toll violations, amending P.L.1997, c.59 and P.L.2023, c.7, and supplementing Title 27 of the Revised Statutes.

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

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

13. a. [If] Except as otherwise provided in section 4 of P.L.2023, c.7 (C.27:25A-21.8), 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] , shall send an advisory and payment request within [60] 21 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 toll amount due, and the administrative fee, if any, charged pursuant to this subsection; and instructions on how the owner may resolve the matter prior to the issuance of a summons and complaint that charges a violation of the toll collection monitoring system regulations. The authority, or [its] an agent of the authority, may require as part of the advisory and payment request that the owner pay to the agent the proper toll and a reasonable administrative fee established by the authority [and based upon the actual cost of processing and collecting the violation] . However, the administrative fee shall not exceed $15 for a toll under $10 and shall be based on a proportional sliding-scale structure, as determined by the authority, for a toll of $10 or more.

If the owner fails to pay the required toll and fee 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.

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 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)] N.J.S.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)

2. Section 4 of P.L.2023, c.7 (C.27:25A-21.8) is amended to read as follows:

4. a. Notwithstanding any law, rule, or regulation to the contrary, the South Jersey Transportation Authority shall not issue a notice of violation or charge any administrative fees to the owner of a vehicle that travels through a lane at a toll plaza or facility dedicated for the electronic toll collection system [unless] if the authority has [first] determined that:

(1) the vehicle is [not] associated with an existing electronic toll collection system account that is connected to a valid method of payment and is associated with an accurate, updated license plate number, as provided in subsection b. of this section; or

(2) the owner’s alleged failure to pay the toll was caused by a system error, a billing error, equipment failure, a transponder malfunction, or other factors outside of the owner’s control.

If the vehicle is associated with an existing electronic toll collection system account in accordance with paragraph (1) of this subsection, the authority shall relay the license plate information to the lead agency of the electronic toll collection system for toll payment from the appropriate electronic toll collection system account holder, provided that the account holder shall have the right to dispute any such toll charge.

b. An electronic toll collection system account holder shall provide accurate and updated information for the electronic toll collection system account, including updating the license plate numbers associated with the account. If an account holder fails to update the license plate numbers associated with the account, the electronic toll collection system may issue a notice of violation to the account holder for any violation committed and may charge an administrative fee for the violation. The authority shall conduct outreach to encourage account holders to comply with the provisions of this section by maintaining accurate and updated information for electronic toll collection system accounts.

(cf: P.L.2023, c.7, s.4)

3. (New section) a. Notwithstanding any law, rule, or regulation to the contrary, the South Jersey Transportation Authority shall not enter into or renew a contract for administration of the electronic toll collection system unless that contract includes a process to provide an electronic toll collection system account holder the option to:

(1) provide prior, express consent to receive text message notifications of a toll violation from the electronic toll collection system; and

(2) opt out of receiving text message notifications provided pursuant to paragraph (1) of this section.

b. Nothing in this section shall be construed to apply to any contract entered into prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).

4. a. Beginning one year following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the South Jersey Transportation Authority shall prepare and publish an annual report on the authority’s Internet website concerning toll violations processed in the prior calendar year.

b. At a minimum, the report required pursuant to subsection a. of this section shall contain information on:

(1) the total number of violations of toll collection monitoring system regulations committed, as evidenced by a toll collection monitoring system;

(2) the total amount of administrative fees collected by the authority;

(3) the average administrative fee collected by the authority; and

(4) the actual cost incurred by the authority in collecting and processing the outstanding toll charge and administrative fees, including, but not limited to, any transaction fees paid to the authority’s contracted vendor and the percentage share of the administrative fees collected paid to the authority’s contracted vendor, if applicable.

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

8. a. [If] Except as otherwise provided in section 3 of P.L.2023, c.7 (C.27:23-34.8), 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] , shall send an advisory and payment request within [60] 21 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 toll amount due, and the administrative fee, if any, charged pursuant to this subsection; and instructions on how the owner may resolve the matter prior to the issuance of a summons and complaint that charges a violation of the toll collection monitoring system regulations. The authority, or [its] an agent of the authority, may require as part of the advisory and payment request that the owner pay to the agent the proper toll and a reasonable administrative fee established by the authority [and based upon the actual cost of processing and collecting the violation] . However, the administrative fee shall not exceed $15 for a toll under $10 and shall be based on a proportional sliding-scale structure, as determined by the authority, for a toll of $10 or more.

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.

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)] N.J.S.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)

6. Section 3 of P.L.2023, c.7 (C.27:23-34.8) is amended to read as follows:

3. a. Notwithstanding any law, rule, or regulation to the contrary, the New Jersey Turnpike Authority shall not issue a notice of violation or charge any administrative fees to the owner of a vehicle that travels through a lane at a toll plaza or facility dedicated for the electronic toll collection system [unless] if the authority has [first] determined that:

(2) the owner’s alleged failure to pay the toll was caused by a system error, a billing error, equipment failure, a transponder malfunction, or other factors outside of the owner’s control.

(cf: P.L.2023, c.7, s.3)

7. (New section) a. Notwithstanding any law, rule, or regulation to the contrary, the New Jersey Turnpike Authority shall not enter into or renew a contract for administration of the electronic toll collection system unless that contract includes a process to provide an electronic toll collection system account holder the option to:

(1) provide prior, express consent to receive text message notifications of a toll violation from the electronic toll collection system; and

(2) opt out of receiving text message notifications provided pursuant to paragraph (1) of this section.

b. Nothing in this section shall be construed to apply to any contract entered into prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).

8. (New section) a. Beginning one year following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the New Jersey Turnpike Authority shall prepare and publish an annual report on the authority’s Internet website concerning toll violations processed in the prior calendar year.

b. At a minimum, the report required pursuant to subsection a. of this section shall contain information on:

(1) the total number of violations of toll collection monitoring system regulations committed, as evidenced by a toll collection monitoring system;

(2) the total amount of administrative fees collected by the authority;

(3) the average administrative fee collected by the authority; and

9. This act shall take effect on the first day of the third month next following the date of enactment. However, the New Jersey Turnpike Authority and the South Jersey Transportation Authority may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill concerns the administrative fees charged for certain toll violations.

Under current law, the New Jersey Turnpike Authority and the South Jersey Transportation Authority (collectively, the “authorities”) are authorized to send an owner of a vehicle (owner) an advisory and payment request within 60 days of the date of a violation of the toll collection monitoring system regulations (violation) evidenced by a toll collection monitoring system. The advisory and payment request is required to contain sufficient information to inform the owner of the nature, date, time and location of the alleged violation. However, current law prohibits the authorities from issuing the advisory and payment request or charging the owner a reasonable administrative fee for a violation if the authorities determine the owner has an existing electronic toll collection system account.

The bill requires the authorities to send an owner an advisory and payment request within 21 days of the date of a violation. Under the bill, the advisory and payment request is to contain the toll amount due and the administrative fee charged and instructions on how the owner may resolve the matter prior to the issuance of a summons and complaint that charges a violation, in addition to the information required by statute.

The bill also restricts the administrative fee established by the authorities, pursuant to current law, to $15 for a toll under $10 and requires the administrative fee to be based on a proportional sliding-scale structure, as determined by the authorities, for a toll of $10 or more. The bill further amends current law to prohibit the authorities from issuing a notice of violation or charging administrative fees to the owner if the authorities determine: (1) the vehicle used to commit the alleged violation is associated with an existing electronic toll collection system account that is connected to a valid method of payment and is associated with an accurate, updated license plate number; or (2) the owner’s alleged failure to pay the toll was caused by a system error, a billing error, equipment failure, a transponder malfunction, or other factors outside of the owner’s control.

In addition, the bill prohibits the authorities from entering into or renewing a contract for administration of the electronic toll collection system unless that contract includes a process to provide an electronic toll collection system account holder the option to: (1) provide prior, express consent to receive text message notifications of a toll violation from the electronic toll collection system; and (2) opt out of receiving the text message notifications. The bill clarifies that this prohibition is not to be construed to apply to any contract entered into prior to the effective date of the bill.

Finally, the bill requires the authorities, beginning one year following the effective date of the bill, to prepare and publish an annual report on the authorities’ Internet websites concerning toll violations processed in the prior calendar year, as outlined in the bill.