S2559 2R

An Act concerning certain parking violations and supplementing P.L.1979, c.150 (C.27:25-1 et al.).

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

1. As used in P.L. , c. (C. ¹[through C. ]¹) (pending before the Legislature as this bill):

“Access Link” means the paratransit service implemented by the corporation for purposes of complying with the “Americans with Disabilities Act of 1990,” Pub.L.101-336 (42 U.S.C. s.12101 et seq.).

“Bus obstruction monitoring system” means a camera enforcement system that includes onboard cameras that are designed to capture a recorded image of a motor vehicle during the commission of a covered violation.

“Bus obstruction monitoring system operator” means a representative of the corporation, including contractors, that operates a bus obstruction monitoring system.

“Bus stop zone” means any area designated by official signage or pavement markings as a bus stop for corporation motor vehicles.

¹“Commission” means the New Jersey Motor Vehicle Commission.¹

“Corporation” means the New Jersey Transit Corporation.

“Covered violation” means stopping, standing, or parking in ²[: (1) a dedicated bus lane, unless authorized by the local jurisdiction in which the dedicated bus lane is located; (2)]² a bus stop zone, unless no transit bus is present and the motor vehicle is actively engaged in the loading or unloading of passengers ²[with hazard lights activated; or (3) a designated bicycle lane, unless permitted under law or in the event of an emergency]². A “covered violation” shall not include a motor vehicle moving violation.

²[“Dedicated bus lane” means a lane designated for use by a bus owned, operated, leased, or contracted for by the corporation to provide motorbus regular route service.

“Designated bicycle lane” means a clearly marked traffic lane for bicycles adjacent to a roadway that serves a motorbus regular route.]²

“Motor vehicle moving violation” means any violation of the motor vehicle laws of this State or any other jurisdiction for which motor vehicle points are assessed by the chief administrator pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5) or any violation of the motor vehicle laws of any other jurisdiction for which motor vehicle points would be assessed if that violation had occurred in this State.

“Operator” means a person who is in actual physical control of a motor vehicle.

“Owner” means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of six months or more.

“Recorded image” means a digital ²video, photograph, or extracted still² image ²that is² recorded by a bus obstruction monitoring system ²and of sufficient quality and clarity to show whether a motor vehicle’s hazard warning lights were activated at the time the digital video, photograph, or extracted still image was recorded².

2. a. The New Jersey Transit Corporation ²[shall issue citations for a covered violation resulting from recorded images. ¹[A designated] An officer with the New Jersey Transit Police Department, or an¹ employee of the corporation ¹[, or a contracted law enforcement agency] that has been designated, trained, and certified by the New Jersey Transit Police Department to review citations for covered violations¹, shall review the recorded images to determine whether a covered violation has occurred. The corporation shall] may² install and operate bus obstruction monitoring systems on buses owned or operated by the corporation ²,² or operated under contract with the corporation ²,² to capture recorded images of motor vehicles during the commission of a covered violation and to issue ²warnings and² citations for covered violations. The number of buses equipped with bus obstruction monitoring systems, as well as the selection of routes and deployment locations, shall be ²[determined by] at the discretion of² the corporation based on ²[a cost-benefit analysis, anticipated impact on motorbus regular route service efficiency, safety and rider accessibility, predicted violation frequency, and overall operational feasibility] public interest and the corporation’s operational and safety needs².

b. A bus obstruction monitoring system may only be used if:

(1) operated by a bus obstruction monitoring system operator; and

(2) a sign is affixed to the bus alerting drivers that the bus is equipped with a bus obstruction monitoring system.

²c. An officer with the New Jersey Transit Police Department, or an employee, consultant, or contractor of the corporation who has been designated, trained, and certified by the corporation to review recorded images of covered violations, shall review recorded images captured by a bus obstruction monitoring system to determine whether a covered violation has occurred. If the reviewing officer, employee, consultant, or contractor determines that a covered violation has occurred, the corporation may issue a citation to the owner or operator of the motor vehicle.²

3. a. A bus obstruction monitoring system shall only retain recorded images of motor vehicles that contain evidence of a covered violation.

b. Recorded images from a bus obstruction monitoring system:

(1) may be retained for up to six months or 60 days after final disposition of the citation, whichever is later, if the recorded images contain evidence of a covered violation;

(2) shall be destroyed within ²[15] 30² days after the recorded images were first captured if the recorded images do not contain evidence of a covered violation;

(3) shall be stored on secure servers or encrypted digital storage systems that meet or exceed the State’s information security standards as established by the New Jersey Office of Homeland Security and Preparedness, or any successor entity; ²[and]²

(4) shall not be deemed a government record under P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law concerning access to government records, and shall not be discoverable as a government 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 the ²[record] recorded² images be offered as evidence in any civil or administrative proceeding not directly related to a covered violation ²; and

(5) shall not be accessible by other systems and networks outside of the bus obstruction monitoring system and network used by the corporation, including, but not limited to, automatic license plate reader systems and any networks associated with automatic license plate reader systems. However, nothing in this paragraph shall preclude the corporation from accessing recorded images for use on the corporation’s own secure systems and networks².

c. A bus obstruction monitoring system ²[may] shall² not use biometric identification techniques, including facial recognition technology.

4. a. (1) A bus obstruction monitoring system operator shall complete training ²[by the manufacturer of the bus obstruction monitoring system] , established or approved by the New Jersey Transit Corporation,² in the procedures for setting up, testing, and operating the bus obstruction monitoring system.

(2) ²[Upon completion of the training, the manufacturer shall issue a signed certificate to the bus obstruction monitoring system operator. The certificate shall be retained by the operator as well as the corporation, or its designated contractor, and shall be admissible as evidence in any administrative or judicial proceeding related to a covered violation] The corporation shall maintain records demonstrating a bus obstruction monitoring system operator’s completion of the training required pursuant to paragraph (1) of this subsection for the duration of a bus obstruction monitoring system operator’s service in operating a bus obstruction monitoring system for the corporation and for one year thereafter².

b. A bus obstruction monitoring system operator shall perform manufacturer-specified functionality tests of each system prior to the start of daily service and at regular intervals throughout the day, as required by the manufacturer. Each test shall confirm proper operation of the camera, time and date stamp, location tracking, and image capture functions.

c. For each day of operation, the bus obstruction monitoring system operator shall complete and sign a test verification log. The log shall:

(1) indicate the date and time of each test;

(2) confirm that the bus obstruction monitoring system passed all required self-tests prior to capturing any recorded images;

(3) be retained by the corporation ²[or its designated contractor and made available upon request for administrative review or legal proceedings] for one year after the log’s creation or until the final disposition of any related citation for a covered violation, whichever is later²; and

(4) be admissible as evidence in any court ²or administrative² proceeding related to a covered violation.

5. a. A citation issued by a bus obstruction monitoring system for a covered violation may be contested on the ²following² grounds ²[that] , including, but not limited to²:

(1) the motor vehicle was a transit vehicle owned, operated, leased, or contracted for by the corporation or by a local or county transportation agency;

(2) the motor vehicle was a school bus ²and the owner or operator provides documentation of the claim²;

(3) the motor vehicle was an authorized emergency vehicle operating on official business or in the exercise of the driver’s profession, including in response to an emergency call or while pursuing an actual or suspected violator of the law ², and the owner or operator provides documentation of the claim²;

(4) the motor vehicle was owned or operated by a federal, state, county, or local government agency and was engaged in official duties at the time of the alleged covered violation ²and the owner or operator provides documentation of the claim²;

(5) the motor vehicle was parked, stopped, or standing due to a medical emergency or mechanical breakdown and the owner ²or operator² provides ²[proof documenting] documentation of² the claim;

(6) the motor vehicle was providing transportation related to the provision of funeral services and the owner ²or operator² provides ²[proof documenting] documentation of² the claim;

(7) the motor vehicle was reported stolen at the time of the covered violation ²[, as documented by a police report] and the owner or operator provides documentation of the claim²; ²[or]²

(8) a citation was previously issued by a local ¹law enforcement agency or¹ parking authority for the same covered violation, the fine associated with the covered violation has been paid, and the owner or operator submits ²[proof] documenation² of payment to the corporation ²;

(9) the appropriate jurisdiction authorized the owner or operator of the motor vehicle to stop, stand, or park in the bus stop zone at the time of the alleged covered violation;

(10) a test verification log was not completed and signed on the day the recorded image was taken, or there were discrepancies in the related test verification log;

(11) the recorded image does not accurately depict the make or model of the motor vehicle or the license plate number or issuing state associated with the owner or operator of the motor vehicle involved in the alleged covered violation;

(12) the employee, consultant, contractor, or officer reviewing the recorded images for covered violations for the corporation or the bus obstruction monitoring system operator who completed and signed the test verification log on the day a recorded image was taken has not been designated, trained, and certified as required pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill); or

(13) the corporation did not mail the citation for a covered violation to the owner or operator of the motor vehicle within 30 calendar days of the date of the covered violation, as evidenced by the postmark on the citation that was mailed to the owner or operator².

b. An owner or operator shall have 30 calendar days from the date of mailing of the citation to contest the alleged covered violation ¹to the corporation pursuant to subsection a. of this section¹. ²[A citation may be contested through the corporation’s Internet website, by mail, or by requesting a hearing in accordance with procedures established by ¹rules and regulations adopted by¹ the corporation ¹in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).] To contest a citation, an owner or operator shall send written notice to the corporation, in a form and manner prescribed by the corporation, that the owner or operator is seeking to contest the citation, which notice shall also state the owner’s or operator’s reason for contesting the citation and include sufficient documentation that the owner’s or operator’s reason for contesting the citation meets at least one of the criteria outlined in subsection a. of this section.² After reviewing a contested citation, the corporation shall ²[send a copy] notify the owner or operator in writing² of its final decision ²[to the registered owner contesting the citation with] on whether the citation is dismissed or upheld. If the citation is upheld, the corporation shall provide² instructions for the ²[registered]² owner’s ²or operator’s² options to either pay the fine or appeal the corporation’s decision.

c. ²[A registered] An² owner ²or operator² contesting a citation pursuant to subsection a. of this section may appeal a final decision issued by the corporation pursuant to subsection b. of this section to the New Jersey Superior Court¹ ². On appeal, if the New Jersey Superior Court finds in favor of the owner or operator, the court may award, at its discretion, court costs and attorneys’ fees.

d. Owners and operators shall be jointly liable for a citation issued by a bus obstruction monitoring system for a covered violation unless the owner can demonstrate to the corporation that the motor vehicle was used without the owner’s express or implied consent. An owner who pays any fines, costs, or administrative fees in connection with a citation may recover that sum from the operator in a court of competent jurisdiction².

6. a. Citations issued by the corporation for covered violations captured by bus obstruction monitoring systems shall be sent by mail to the owner ²or operator² of the motor vehicle within ²[15] 30² calendar days of the date of the covered violation.

b. If an owner or operator is found to be in violation of P.L. , c. (C. ) (pending before the Legislature as this bill) by means of a bus obstruction monitoring system, ²the corporation may either issue a written warning or impose² a fine of $45 ²[shall be imposed]² for the ²[first]² offense. Subsequent violations within any 12-month period from the date of the first offense shall increase by $45, with a maximum fine of up to $135 ²per offense². If no further violations occur within ¹[the] a¹ 12-month period, the fine structure shall reset ²and the fines shall restart at $45². For the purposes of calculating subsequent fines, the number of covered violations shall be associated with a motor vehicle’s registration number and shall not be associated with the identity of the operator.

c. If a motor vehicle leasing or rental business receives a citation for a covered violation and submits to the corporation, within 30 days of the date on which the citation was mailed, a copy of the rental or lease agreement identifying the name and address of the lessee or renter who had custody and control of the motor vehicle at the time of the covered violation, and proof that the rental period included the date and time of the covered violation, then upon receipt of such documentation, the corporation shall reissue the citation to the identified lessee or renter, and no fine shall be imposed on the leasing or rental business.

d. ¹If an owner or operator has failed to pay three or more fines issued pursuant to subsection b. of this section, the corporation may notify the New Jersey Motor Vehicle Commission in ²[a form and manner prescribed by the commission] writing². Upon receiving such notice, the commission may suspend the ²[driver’s license, or the]² registration of the motor vehicle ²[, of an owner or operator who has not paid or otherwise satisfied three or more fines] associated with the commission of the covered violations for which citations were² issued pursuant to subsection b. of this section ²and three or more fines were not paid or otherwise satisfied². However, after issuing such notice, if the fines are subsequently paid or if the case is dismissed or otherwise disposed of, the corporation shall promptly notify the commission of the subsequent payment, dismissal, or disposal.

e.¹ The corporation ²[may retain] shall use² any fines collected pursuant to this section to cover the administrative costs of administering the bus obstruction monitoring system program ²[. Any] and any² excess revenue from fines collected pursuant to this section shall be used to fund Access Link services.

¹[e.] f.¹ The corporation shall not enter into any agreement for bus obstruction monitoring systems or bus obstruction monitoring system operator services that bases contractor compensation on the amount of revenue generated in monetary fines collected pursuant to this section.

¹[f. Prior to issuing any citations or fines for covered violations pursuant to this section, the corporation shall issue only warning notices for a period of 60 days beginning on the date of implementation of active enforcement pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).] g.¹ The ¹corporation shall implement the bus obstruction monitoring system program as follows:

(1) ²[For] for² a period of 180 days beginning on the date of implementation of the bus obstruction monitoring system program, the¹ corporation shall ¹[issue] conduct¹ a public ¹[announcement] education and awareness campaign¹ regarding the corporation’s implementation of the bus obstruction monitoring system ¹[and] program. The campaign shall include, but not be limited to, ²[bus exterior advertising,]² web-based and social media outreach ²[, and press events]². The corporation¹ shall ¹also¹ provide the public with information about the bus obstruction monitoring system program on the corporation’s Internet website ¹[contemporaneous with the warning notice period] commencing at the start of the implementation of the program; and

(2) ²[Prior] prior² to issuing any citations or fines for covered violations pursuant to this section, the corporation shall issue only warning notices for a period of 90 days, which period shall begin ²[90 days after] on² the date of implementation of the bus obstruction ²monitoring² system program¹. ²Additionally, the corporation shall only issue warning notices for a period of 45 days following the implementation of any new bus route that uses buses equipped with bus obstruction monitoring systems².

7. The New Jersey Transit Corporation shall submit an annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature regarding the corporation’s implementation of bus obstruction monitoring systems. At a minimum, the report shall include ²[the]²:

a. ²the² total number of citations issued under the program for that year, broken down by bus route and violation type;

b. ²the² amount of revenue generated from fine collections under the program for that year and the allocation of the revenue, broken down by bus route and violation type ¹[,] ;¹ ²[and]²

c. ²the² impact on bus service efficiency ²,² including, but not limited to, average travel speed, schedule adherence, reduction in delays and safety improvements at designated enforcement locations, illegal parking, and traffic congestion ²;

d. the number of citations dismissed by the corporation or successfully contested on appeal, broken down by the reason for which the citation was dismissed or successfully contested, with particular attention to technical issues associated with the bus obstruction monitoring system equipment and associated networks; and

e. a written description of all system, technical, administrative process, and legal issues associated with the program for that year².

8. The New Jersey Transit Corporation may adopt and promulgate, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary for the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill). Such rules and regulations may include, but shall not be limited to, procedures for:

(1) administering the issuance of ²warnings and² citations and contesting citations;

(2) establishing and maintaining the bus obstruction monitoring systems and associated data security protocols;

(3) training of bus obstruction monitoring system operators; ²[and] ;²

(4) ²training and certification of the officers, employees, consultants, or contractors who have been designated to review covered violations for the corporation; and

(5) ² verifying claims for dismissal of citations.

²9. a. For the purposes of this section:

“Bus obstruction monitoring system” means a camera enforcement system that includes onboard cameras that are designed to capture a recorded image of a motor vehicle while stopping, standing, or parking in a designated bicycle lane unless otherwise permitted under law or in the event of an emergency.

“Corporation” means the New Jersey Transit Corporation.

“Designated bicycle lane” means a clearly marked traffic lane for bicycles adjacent to a roadway that serves a motorbus regular route in a county of the first class having a population density of more than 10,000 people per square mile according to the most recent federal decennial census.

“Recorded image” means a digital video, photograph, or extracted still image that is recorded by a bus obstruction monitoring system and of sufficient quality and clarity to show whether a motor vehicle’s hazard warning lights were activated at the time the digital video, photograph, or extracted still image was recorded.

b. Beginning on the date of implementation of the bus obstruction monitoring system program pursuant to sections 1 through 8 of P.L. , c. (C. ) (pending before the Legislature as this bill), the corporation shall establish a two-year bus obstruction monitoring system pilot program that shall be identical to, and comply with all provisions of, sections 2 through 8 of P.L. , c. (C. ) (pending before the Legislature as this bill). However, instead of capturing recorded images of covered violations, as defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the bus obstruction monitoring systems operated under the pilot program shall only capture recorded images of motor vehicles stopping, standing, or parking in a designated bicycle lane, as defined in this section, unless otherwise permitted under law or in the event of an emergency.²

²[9.] 10.² This act shall take effect 90 days after enactment.