SENATE, No. 2643

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED DECEMBER 8, 2014

 


 

Sponsored by:

Senator  M. TERESA RUIZ

District 29 (Essex)

Senator  RONALD L. RICE

District 28 (Essex)

 

 

 

 

SYNOPSIS

     Establishes red light camera program in DOT; requires one-half of red light camera ticket revenue be used to improve highway traffic safety.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act establishing a permanent traffic control signal monitoring system program, supplementing Title 39 of the Revised Statutes, and repealing P.L.2007, c.348 and section 4 of P.L.2009, c.52.

 

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

 

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

     “Department” means the Department of Transportation. 

     "Recorded image" means a digital image recorded by a traffic control signal monitoring system.

     "Summons" means a citation alleging a violation of a traffic control signal.

     "Traffic control signal" means a device, whether manually, electrically, mechanically, or otherwise controlled, by which traffic is alternatively directed to stop and to proceed, and which has been approved by the Department of Transportation in accordance with nationally recognized engineering standards set forth in the Institute of Transportation Engineering Handbook or with the "Manual on Uniform Traffic Control Devices for Streets and Highways."

     "Traffic control signal monitoring system" means an integrated system or device utilizing a camera, or a multiple camera system, and vehicle sensors which work in conjunction with a traffic control signal and is capable of producing:

     a.    high resolution color digital recorded images that show: (1) the traffic control signal while it is displaying a red light; (2) a motor vehicle unlawfully entering and continuing through the intersection while the traffic control signal is displaying a red light; and (3) a portion of the rear of the motor vehicle unlawfully in the intersection sufficient to clearly reveal the vehicle's license plate and the make and model of the vehicle; and

     b.    a video recording of the violation that shows the violation occurring.

     A digital camera may be used as part of a traffic control signal monitoring system provided the violation images are captured by a digital camera, or a multiple camera system, which produces a set of at least two images for each violation.  At least one of the digital color images shall contain the following:  (1) the scene of the location where the violation occurred; (2) the violating motor vehicle; (3) the license plate numbers, letters, and issuing jurisdiction; (4) the day, month, and year of the violation; (5) the time of the violation in hours, minutes, and seconds; (6) the amount of time that had passed between the time the light turned red and the violation occurred; and (7) the frame sequence code.  This information shall be imprinted along the bottom or top edge of the image frame so as not to obstruct the violation image.


     2.    a.  The department shall establish a traffic control signal monitoring system program.  The department shall establish criteria for which intersections are eligible to have traffic control signal monitoring systems installed and used.  The criteria shall be based on the volume of pedestrian and vehicular traffic at the intersection, the number of summons issued for violations at the intersection, and the number of accidents occurring at the intersection.

     b.    A municipality may apply to participate in the program by submitting an application to the department.  The application shall include:

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

     (2)   Data which indicate that the intersection or intersections in question have an above average number of violations of the traffic control signal or signals and any additional data the municipality deems appropriate;

     (3)   A certification by the municipal engineer that the duration of the amber light at the intersection or intersections in question was established in accordance with, and is not less than, nationally recognized engineering standards set forth in the Institute of Transportation Engineers Traffic Engineering Handbook or the Manual on Uniform Traffic Control Devices; and

     (4)   Any other information the department may require.

     c.    The department shall approve all applications for the installation and utilization of traffic control signal monitoring systems at intersections in municipalities that meet the criteria established by the department pursuant to subsection a. of this section.

 

     3.    a. The governing body of a municipality, by ordinance or resolution, 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 department pursuant to section 2 of P.L.    , c.     (C.        ) (pending before the Legislature as this bill).

     b.    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.

     c.    In any municipality where the governing body has authorized the installation and use of a traffic control signal monitoring system pursuant to subsection a. of this section, a sign notifying drivers that 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.  If the traffic control signal monitoring system is to be used to issue summonses for improper right hand turns, pursuant to R.S.39:4-115, the sign shall so indicate. The specifications shall conform with the guidelines set forth in the "Manual on Uniform Traffic Control Devices for Streets and Highways."

     d.    The duration of the amber light at an intersection at which a traffic control signal monitoring system is being utilized shall be inspected by the department at least once every 24 months and the department shall certify whether the duration of the amber light is in compliance with the nationally recognized engineering standards set forth in the Institute of Transportation Engineers Traffic Engineering Handbook or the Manual on Uniform Traffic Control Devices at least once every 24 months.

     e.    In any municipality in which the governing body has authorized the installation and use of a traffic control signal monitoring system pursuant to subsection a. of this section, a vendor contracting with that municipality concerning the installation and use of the 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 media and shall make available electronically on an Internet website the information required under this subsection.

 

     4.    a. In a municipality where the governing body has authorized the installation and use of a traffic control signal monitoring system, a law enforcement official of that municipality shall review the recorded images produced by the traffic control signal monitoring system.  In conducting that 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 30 days from the date on which the registered owner of the vehicle is identified, but in no case longer than 90 days after the violation occurred, a summons where it is deemed appropriate. 

     b.    In a municipality where the governing body has authorized the installation and use of a traffic control signal monitoring system, a law enforcement official:

     (1) may issue a summons for a violation of R.S.39:4-32, R.S.39:4-81, R.S.39:4-115, or R.S.39:4-116; 

     (2)  shall not issue a summons for a violation that occurred at a traffic control signal where the duration of the amber light does not meet or exceed nationally recognized engineering standards for the duration of amber lights as set forth in the Institute of Transportation Engineers Traffic Engineering Handbook or the Manual on Uniform Traffic Control Devices; provided, however, that the burden shall be upon the alleged violator to overcome the presumption that the duration of the amber light meets or exceeds the nationally recognized standard; and further provided that this paragraph shall not be used to summarily disqualify any summons whereby a violator failed to provide timely evidence that the duration of the amber light did not meet or exceed the nationally recognized standard; and 

     (3)   shall not issue a summons for a violation of R.S.39:4-81 if any part of the vehicle was in the intersection during the duration of the amber light regardless of whether the light turned red while the vehicle was in the intersection

     c.    A traffic control signal violation summons issued pursuant to a traffic control signal monitoring system established pursuant to P.L.    , c.     (C.        ) (pending before the Legislature as this bill) shall be served by a law enforcement official in accordance with the Rules of Court.

     d.    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.    , c.     (C.        ) (pending before the Legislature as this bill).  A 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.

     e.    A recorded image or information produced in connection with the traffic control signal monitoring system pertaining to a specific violation shall be purged within 60 days of the collection of any fine or penalty, and shall not be retained in any form thereafter.  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 30 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.    , c.     (C.        ) (pending before the Legislature as this bill).

     f.     Except as provided in subsection f. of this section, the owner and operator of a motor vehicle shall be jointly liable for a traffic control signal violation summons issued pursuant to a traffic control signal monitoring system established in accordance with P.L.    , c.     (C.        ) (pending before the Legislature as this bill), unless the owner can show that the vehicle was used without the owner’s express or implied consent.  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.

     g.    The owner of a motor vehicle who is a lessor shall not be liable for a traffic control signal violation summons issued pursuant to P.L.    , c.     (C.        ) (pending before the Legislature as this bill) 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.

     h.    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 P.L.    , c.     (C.        ) (pending before the Legislature as this bill).

     i.     A designated agent, law enforcement official, or municipal employee shall not be liable for any loss that occurs while acting within the scope of their employment or contractual engagement to implement or enforce a violation of an ordinance adopted pursuant to section 3 of P.L.    , c.     (C.        ) (pending before the Legislature as this bill).

     j.     Notwithstanding any law, rule, or regulation to the contrary, any challenge to the enactment of an ordinance or resolution pursuant to section 3 of P.L.    , c.     (C.        ) (pending before the Legislature as this bill) shall be brought within 30 days of the adoption of the ordinance or resolution. 

 

     5.    a. Notwithstanding the provisions of R.S.39:5-41, if a violation of R.S.39:4-32, R.S.39:4-81, R.S.39:4-115, or R.S.39:4-116, was captured by a traffic control signal monitoring system installed pursuant to P.L.    , c.     (C.        ) (pending before the Legislature as this bill), the full amount of a fine assessed by a municipal court shall be paid to the financial officer of the municipality in which the offense occurred, unless the governing body of the county has elected to pay one-half of the cost of the installation, maintenance, and administration of the traffic control signal monitoring system, in which case, one-half of the fine amount shall be distributed to the financial officer of the county where the offense occurred. 

     b.    Not less than one-half of any fine received by a municipality or county for a violation of a traffic control signal monitoring system shall be deposited into a fund established by the municipality or county that shall be used exclusively by the municipality or county to reduce traffic accidents and deaths, injuries, and property damage resulting from traffic accidents in the municipality or county. 

     c.    A municipality that has installed a traffic control signal monitoring system shall notify the Administrative Office of the Courts when the governing body of a county has agreed to participate in a traffic control signal monitoring system program within its jurisdiction.  This notice shall be applicable to any violation of R.S.39:4-32, R.S.39:4-81, R.S.39:4-115, or R.S.39:4-116, evidence of which shall have been captured by a traffic control signal monitoring system within the municipality's jurisdiction.

 

     6.    A municipality whose application has been approved for the program established pursuant to P.L.    , c.     (C.        ) (pending before the Legislature as this bill) shall submit a report every 12 months after a traffic control signal monitoring system has been installed to the Commissioner of Transportation detailing increases or decreases in violations and accidents at any intersection where traffic control signal monitoring systems have been installed.  The Commissioner of Transportation shall prepare and submit an annual report to the Governor, the President of the Senate, the Speaker of the General Assembly, and the Senate Transportation Committee and the Assembly Transportation and Independent Authorities Committee or their successor committees describing the program developed pursuant to P.L.    , c.     (C.        ) (pending before the Legislature as this bill), including accident and violation information reported by the affected municipalities.  The first report shall be submitted no later than one year after the effective date of P.L.    , c.     (C.        ) (pending before the Legislature as this bill). 

 

     7.    The Commissioner of Transportation, the Chief Administrator of the Motor Vehicle Commission, and the Superintendent of the State Police shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations to effectuate the purposes of this act.  The Supreme Court of New Jersey may adopt Rules of Court appropriate or necessary to effectuate the purposes of this act.

 

     8.    The following sections are repealed:

     P.L.2007, c.348 (C.39:4-8.12 et seq.);

     Section 4 of P.L.2009, c.52 (C.39:4-8.20).

 

     9.    This act shall take effect on December 16, 2014, but if enacted after that date, this act shall take effect immediately.


STATEMENT

 

     This bill repeals the five-year traffic control signal monitoring system (red light camera) pilot program on December 16, 2014, the date the pilot program expires, and establishes a permanent red light camera program in the Department of Transportation (department). 

     Under the bill, the department is to establish criteria for which intersections are eligible to have red light camera systems installed and used.  The criteria are to be based upon the volume of pedestrian and vehicular traffic at the intersection, the number of summons issued for violations at the intersection, and the number of accidents occurring at the intersection.  Municipalities interested in participating in the program are to submit an application to the department indicating the particular intersections at which a red light camera is desired and data which indicate that the intersections meet the criteria established by the commissioner.  The commissioner is directed to approve all applications that meet the established criteria. 

     Under the provisions of the bill, municipal governing bodies are permitted to install red light cameras at approved intersections under their jurisdiction.  The cameras are required to be capable of producing: (1) high resolution color digital recorded images that show the traffic control signal while it is displaying a red light, a motor vehicle unlawfully entering and continuing through the intersection while the traffic control signal is displaying a red light, a portion of the rear of the motor vehicle unlawfully in the intersection sufficient to clearly reveal the vehicle's license plate and the make and model of the vehicle; and (2) a video recording of the violation that shows the violation occurring.  Red light cameras are to be inspected at least once every 24 months.

     The bill requires that a sign notifying drivers that a red light camera is being utilized be placed on each street converging into each affected intersection.  The sign is to be of a design and placed in accordance with specifications approved by the municipal engineer and if the monitoring system is to be used to issue summonses for improper right hand turns, the sign is to indicate that as well.  The sign is to conform with the system set forth in the "Manual on Uniform Traffic Control Devices for Streets and Highways."  In addition, the bill requires a municipality which has authorized the installation of a red light camera to establish a public awareness campaign to notify the public of the intersections at which the system will be installed and of the date on which the system will be activated.

     A law enforcement officer in the municipality where a red light camera has been installed and is being used is to review the images produced by the red light camera.  In conducting that review, the law enforcement official is to determine whether there is sufficient evidence to conclude that a traffic control signal violation has occurred and shall issue, within 30 days from the date on which the registered owner of the vehicle is identified, but in no case longer than 90 days after the violation occurred, a summons where it is deemed appropriate.  The law enforcement official: may issue a summons for a violation for failing to yield to a pedestrian pursuant to R.S.39:4-32, failure to observe a traffic signal pursuant to R.S.39:4-81, an improper turn at an intersection with a traffic signal pursuant to R.S.39:4-115, or an improper turn at an intersection with an arrow pursuant to R.S.39:4-116.  The law enforcement official is not permitted to issue a summons for a violation that occurred at a traffic control signal where the duration of the amber light does not meet or exceed nationally recognized engineering standards for the duration of amber lights as set forth in the Institute of Transportation Engineers Traffic Engineering Handbook or the Manual on Uniform Traffic Control Devices or if any part of the vehicle was in the intersection during the duration of the amber light regardless of whether the light turned red while the vehicle was in the intersection.

     Images captured by a red light camera are to be purged and can not be 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 are to be purged within 30 days. 

     The owner and operator of a vehicle issued a citation for a violation of a red light camera are jointly liable for the summons, 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 red light camera violation may recover that sum from the operator in a court of competent jurisdiction. 

     The bill provides that not less than one-half of any fine received by a municipality or county for a violation of a traffic control signal monitoring system is to be deposited into a fund established by the municipality or county to be used exclusively by the municipality or county to reduce traffic accidents and deaths, injuries, and property damage resulting from traffic accidents in the municipality or county.  Motor vehicle points or automobile insurance eligibility points are not to be applied for a violation of a red light camera. 

     Municipalities approved for the program are required to submit annual reports to the department detailing increases or decreases in violations and accidents at intersections where red light cameras have been installed.  The department is to prepare and submit an annual report to the Governor, the President of the Senate, the Speaker of the General Assembly, and the Senate Transportation Committee and the Assembly Transportation and Independent Authorities Committee or their successor committees describing the program, including accident and violation information reported by the affected municipalities.