S3218

An Act concerning automated speed enforcement in school zones and supplementing and amending P.L.1992, c.91.

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

1. (New section) This act shall be known and may be cited as the “School Zone Automated Speed Enforcement and Safety Act.”

2. (New section) The Legislature finds and declares that:

a. Excessive speeding in designated school zones places children, crossing guards, pedestrians, and motorists at significant risk of injury or death.

b. Automated speed enforcement systems, when implemented with strict transparency, privacy, and equity protections and in accordance with due process protections, have been shown to reduce speeding and improve safety in school zones.

c. Public confidence in automated speed enforcement systems requires uniform Statewide standards for signage, calibration, data privacy, vendor oversight, program reporting, fine structures, and deployment criteria.

d. The purpose of this act is to establish a narrowly-tailored framework focused on promoting child safety through automated speed enforcement systems that ensure fairness, accountability, and strict limitations on data and revenue use.

3. Section 1 of P.L.1992, c.91 (C.39:4-103.1) is amended to read as follows:

1. a. [Notwithstanding] Except as provided by sections 4 through 9 of P.L. , c. (C. ) (pending before the Legislature as this bill) and notwithstanding any law, rule, or regulation to the contrary, a law enforcement officer or agency shall not use [photo radar] an automated speed enforcement system to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes.

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

“[photo radar] Automated speed enforcement system” means a device [used primarily for highway speed limit enforcement substantially consisting of a radar unit linked to] with one or more motor vehicle sensors working in conjunction with a camera [, which] and speed measurement technology that automatically records a motor vehicle’s speed and produces [a photograph] a digital image of a motor vehicle traveling at a speed in excess of the [legal] posted speed limit.

“Commissioner” means the Commissioner of Transportation.

“Department” means the Department of Transportation.

“Governing authority” means the municipality or county that administers the automated speed enforcement system.

“Motor vehicle” means the same as that term is defined in R.S.39:1-1.

“School zone” means the same as that term is defined in R.S.39:1-1.

“School Zone Safety Improvement Fund” means the special non-lapsing fund established pursuant to subsection a. of section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill).

“Summons” means a citation alleging a violation.

“Vendor” means any private entity contracted by a governing authority to install, operate, maintain, or process data from an automated speed enforcement system.

“Violation” means a violation of the provisions of chapter 4 of Title 39 of the Revised Statutes captured by an automated speed enforcement system.

(cf: P.L.1992, c.91, s.1)

4. (New section) a. Each municipality and county in the State may install and activate automated speed enforcement systems to detect a violation in a school zone within the municipality’s or county’s jurisdiction. A resolution or ordinance approving the installation of an automated speed enforcement system at each school zone where the municipality or county seeks to install the automated speed enforcement system shall be adopted at a public meeting.

b. An automated speed enforcement system shall not be installed and activated unless the governing authority conducts a traffic engineering and speed study documenting that the school zone where the automated speed enforcement system is to be installed has a high volume of pedestrian traffic and a documented safety need, including, but not limited to:

(1) a high number of speeding violations, as determined by the governing authority; or

(2) a high number of accidents involving motor vehicles, pedestrians, or bicyclists, as determined by the governing authority.

c. An automated speed enforcement system installed pursuant to this section shall, when properly calibrated, be capable of:

(1) recording the speed of a motor vehicle within plus or minus one mile per hour of the motor vehicle’s actual speed;

(2) capturing at least two digital images of the motor vehicle exceeding the speed limit, at least one of which shall include the license plate attached to the front or rear of the motor vehicle; and

(3) imprinting upon a digital image of a motor vehicle identified as exceeding the speed limit:

(a) the month, day, and year of the alleged violation;

(b) the time of the alleged violation in hours, minutes, and seconds;

(d) the posted or lawfully designated speed limit for the school zone being monitored;

(e) the monitored speed of the motor vehicle identified in the digital images as committing the alleged violation; and

(f) the calibration certification generated pursuant to subsection a. of section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill) for the automated speed enforcement system.

5. (New section) a. A governing authority shall install, or cause to be installed, signage indicating that an automated speed enforcement system is being utilized, which signage shall indicate the boundaries of the school zone, and a flashing beacon or other signal indicating when the automated speed enforcement system is active.

b. The dimensions and location of the signage required pursuant to subsection a. of this section shall:

(1) comply with all applicable federal and State laws;

(2) meet all design and placement guidelines for such signs as established pursuant to the provisions of the “Manual on Uniform Traffic Control Devices for Streets and Highways” issued by the Federal Highway Administration in the United States Department of Transportation; and

(3) be approved by the municipal or county engineer.

6. (New section) a. Following the review of a recorded digital image of a violation, a law enforcement agency may issue a summons where a motor vehicle is observed traveling at least 10 miles per hour over the posted speed limit in the school zone where the automated speed enforcement system is installed.

b. A summons shall not be issued for any violation occurring within 60 days following the installation of an automated speed enforcement system. During the 60-day period, a warning notice shall be issued in lieu of a summons.

c. After the 60-day period, a summons shall only be issued for violations occurring Monday through Friday between the hours of 7:00 a.m. to 4:00 p.m.

d. The registered owner of a motor vehicle may contest a summons in accordance with the applicable Rules of Court.

e. (1) The registered owner or authorized operator of a motor vehicle found liable for a violation shall be subject to a maximum fine of $75 per violation. However, the governing authority shall arrange for payment plans, fine reductions, or community service alternatives to the $75 fine for a registered owner or authorized operator who has demonstrated financial hardship, as determined by the court having jurisdiction over the matter. However, a fine shall not be reduced below $25 unless the registered owner or authorized operator is required to perform court-ordered community service.

(2) In no event shall any 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 a registered owner or authorized operator found liable for a violation.

7. (New section) a. Each automated speed enforcement system installed and activated pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall undergo daily self-diagnostic calibration checks and annual independent calibration certifications, which shall be completed by the law enforcement agency of the governing authority or the vendor, provided that the vendor submits a copy of the self-diagnostic calibration check and annual calibration certifications to the law enforcement agency of the governing authority to be shared with the governing authority.

b. A summons shall be void upon a finding that the automated speed enforcement system that captured the alleged violation failed the daily self-diagnostic calibration check required pursuant to subsection a. of this section on the day of the alleged violation.

8. (New section) A vendor shall be compensated on a flat-fee or time-based model. A vendor shall not be compensated based on the number of summonses issued or the amount of revenue generated in monetary fines collected pursuant to subsection e. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).

9. (New section) a. An automated speed enforcement system shall only collect and retain information relating to:

(1) the license plate number of the motor vehicle operated during an alleged violation;

(2) the monitored speed of the motor vehicle identified in the images as committing the alleged violation; and

(3) the date, time, and location of the alleged violation.

b. An automated speed enforcement system shall not capture or retain images, biometric data, or facial recognition data of an operator or occupants of a motor vehicle operated during an alleged violation.

c. (1) Any image or data produced in connection with an automated speed enforcement system pertaining to a specific violation that resulted in the issuance of a summons shall be purged within 90 days of the final adjudication, including payment of any fines or penalties assessed or completion of any court-ordered non-monetary penalties, such as community service.

(2) Any digital image or data produced in connection with an automated speed enforcement system pertaining to an alleged violation that did not result in the issuance of a summons shall be purged within 30 days of the determination not to issue a summons.

d. Except where authorized by this section, data shall not be shared, sold, transferred, or used by the governing authority or vendor.

10. (New section) a. Beginning on August 1 following the installation and activation of the automated speed enforcement system, and continuing on August 1 of each year thereafter, each governing authority shall publish on its Internet website and submit to the department an annual report on information collected from each automated speed enforcement system operated by the governing authority, which report shall include, but not be limited to:

(1) motor vehicle accident and injury data before and after the installation and activation of an automated speed enforcement system in the respective school zone;

(2) the total number of summonses issued in the past year;

(3) the total revenue generated in monetary fines collected pursuant to subsection e. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill);

(4) the total expenditures related to the installation, activation, and maintenance of the automated speed enforcement system;

(5) the system error rates and calibration logs generated for the automated speed enforcement system pursuant to subsection a. of section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(6) maps indicating where the automated speed enforcement system is installed, together with the governing authority’s safety justification for installing the automated speed enforcement system in that location, as required pursuant to subsection b. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. Within 90 days of the August 1 deadline established pursuant to subsection a. of this section, the department shall submit to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature an annual report summarizing the reports received pursuant to subsection a. of this section, the equity impacts of the automated speed enforcement systems, including the number of summonses and fines and penalties assessed in low-income areas, defined as those areas in which 25 percent or more of students enrolled in the school on October 1 of the preceding school year were federally eligible to receive free or reduced-price meals under the National School Lunch Program or the federal School Breakfast Program, compared to those areas in which less than 25 percent of students are federally eligible to receive free or reduced-price meals, and the effectiveness of the automated speed enforcement system at reducing speeding in the school zones where the automated speed enforcement systems have been installed and activated.

11. (New section) a. There is established in the department a special non-lapsing fund to be known as the “School Zone Safety Improvement Fund.”

b. All revenue generated in monetary fines collected pursuant to subsection e. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be deposited into the School Zone Safety Improvement Fund, which funds shall be used exclusively for:

(1) pedestrian safety initiatives and improvements, including sidewalk and crosswalk upgrades, near schools;

(2) efforts aimed at reducing traffic near schools;

(3) the installation and maintenance of signage and beacons in school zones; and

(4) crossing guard training programs and salaries.

c. No later than one year following the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the department shall disburse to each governing authority all monies collected in the fund during the prior fiscal year in proportion to the number of violations in the prior fiscal year.

12. (New section) This act shall take effect 180 days after enactment, except that the Department of Transportation may take anticipatory administrative action as may be necessary to effectuate the act. This act shall expire five years after the effective date unless reauthorized by the Legislature.

STATEMENT

This bill, designated as the “School Zone Automated Speed Enforcement and Safety Act,” authorizes each municipality and county to install and activate automated speed enforcement systems (systems) in school zones within the jurisdiction of the municipality or county (governing authority) administering the automated speed enforcement system.

Under the bill, a system is not to be activated unless the governing authority conducts a traffic engineering and speed study that documents that the school zone has a high volume of pedestrian traffic and a documented safety need, as outlined in the bill. The bill establishes certain capability requirements for a system that is properly calibrated, as outlined in the bill.

The bill requires a governing authority to install signage indicating a system is being utilized and identifying the boundaries of the school zone and a flashing beacon or other signal indicating when the system is active. The dimensions and location of the signage are to meet certain requirements, as outlined in the bill.

In addition, the bill authorizes a law enforcement agency, following review of a recorded digital image of a violation, to issue a summons where a motor vehicle is observed traveling at least 10 miles per hour over the posted speed limit in the school zone where the system is installed. However, a summons is only to be issued for violations occurring Monday through Friday between the hours of 7:00 a.m. and 4:00 p.m. The bill permits the registered owner (owner) or authorized operator of a motor vehicle to contest a summons in accordance with the applicable Rules of Court.

Under the bill, an owner or authorized operator found liable for a violation captured by a system (violation) is to be subject to a maximum fine of $75. However, the governing authority is to arrange for payment plans, fine reductions, or community service alternatives to the fine for an owner or authorized operator who has demonstrated financial hardship, as determined by the court, provided that the fine is not reduced to less than $25 unless the owner or authorized operator is required to perform court-ordered community service. No motor vehicle points or automobile insurance eligibility points are to be assessed for an owner or authorized operator found liable for a violation.

Additionally, the bill requires each system to undergo daily self-diagnostic calibration checks and annual independent calibration certifications, as outlined in the bill. A summons is to be void upon a finding that the system failed the daily self-diagnostic calibration check on the day of the alleged violation.

The bill specifies that a vendor is to be compensated on a flat-fee or time-based model and is prohibited from receiving compensation based on the number of summonses issued or the amount of revenue generated in monetary fines.

The bill establishes certain restrictions on the information collected and retained by the system, as outlined in the bill. The bill further requires a governing authority to publish an annual report on information collected by the system, as outlined in the bill, and requires the Department of Transportation (department) to annually report certain information to the Governor and to the Legislature, as outlined in the bill.

Finally, the bill establishes a special non-lapsing fund, to be known as the “School Zone Safety Improvement Fund,” and directs all revenue generated from monetary fines for violations to be deposited into the fund to be used for certain pedestrian safety initiatives, as outlined in the bill. Beginning one year following the date of enactment of the bill, the department is required to disburse to each governing authority all monies collected in the fund during the prior fiscal year in proportion to the number of violations in the prior fiscal year.