SENATE, No. 646

STATE OF NEW JERSEY

220th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION

 


 

Sponsored by:

Senator  DECLAN J. O'SCANLON, JR.

District 13 (Monmouth)

 

 

 

 

SYNOPSIS

     Requires NJTA and SJTA to check E-ZPass database before issuing E-ZPass violation.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning certain electronic toll collection system processes 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.    Section 6 of P.L.1997, c.59 (C.27:23-34.1) is amended to read as follows:

     6.    As used in sections 6 through 10 of P.L.1997, c.59 (C.27:23-34.1 through C.27:23-34.5) [and], section 3 of P.L.2021, c.251 (C.27:23-34.7), and section 3 of P.L.    ,c.    (C.        ) (pending before the Legislature as this bill):

     "Authority" means the New Jersey Turnpike Authority established by section 3 of P.L.1948, c.454 (C.27:23-3).

     "Electronic toll collection system" means the electronic system employed or utilized by the authority to register and collect the toll required to be paid for a vehicle entering a toll plaza owned or operated by, or on behalf of, the authority.

     "Lessee" means any person, corporation, firm, partnership, agency, association or organization that rents, leases or contracts for the use of a vehicle and has exclusive use of the vehicle for any period of time.

     "Lessor" means any person, corporation, firm, partnership, agency, association or organization engaged in the business of renting or leasing vehicles to any lessee under a rental agreement, lease or other contract that provides the lessee with the exclusive use of the vehicle for any period of time.

     "Operator" means the term "operator" as defined in R.S.39:1-1.

     "Owner" means the term "owner" as defined in R.S.39:1-1.

     "Toll collection monitoring system" means a vehicle sensor, placed in a location to work in conjunction with a toll collection facility, that produces one or more photographs, one or more microphotographs, a videotape or other recorded images, or a written record, of a vehicle at the time the vehicle is used or operated in a violation of the toll collection monitoring system regulations.  The term shall also include any other process that identifies a vehicle by photographic, electronic or other method.

     "Toll collection monitoring system regulations" means the regulations authorized and adopted pursuant to section 7 of P.L.1997, c.59 (C.27:23-34.2) that prohibit a vehicle from making use of any project except upon the payment of such tolls as may from time to time be prescribed by the authority and that further makes it a violation subject to a civil penalty for any person to refuse to pay, to evade, or to attempt to evade the payment of such

tolls, if the violation is recorded by a toll collection monitoring system as defined in this section.

     "Vehicle" means the term "vehicle" as defined in R.S.39:1-1.

(cf: P.L.2021, c.251, s.1)

 

     2.    Section 11 of P.L.1997, c.59 (C.27:25A-21.1) is amended to read as follows:

     11.  As used in sections 11 through 15 of P.L.1997, c.59 (C.27:25A-21.1 through C.27:25A-21.5) [and], section 4 of P.L.2021, c.251 (C.27:25A-21.7), and section 4 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill):

     "Authority" means the South Jersey Transportation Authority established by section 4 of P.L.1991, c.252 (C.27:25A-4).

     "Electronic toll collection system" means the electronic system employed or utilized by the authority to register and collect the toll required to be paid for a vehicle entering a toll plaza owned or operated by, or on behalf of, the authority.

     "Lessee" means any person, corporation, firm, partnership, agency, association or organization that rents, leases or contracts for the use of a vehicle and has exclusive use of the vehicle for any period of time.

     "Lessor" means any person, corporation, firm, partnership, agency, association or organization engaged in the business of renting or leasing vehicles to any lessee under a rental agreement, lease or other contract that provides the lessee with the exclusive use of the vehicle for any period of time.

     "Operator" means the term "operator" as defined in R.S.39:1-1.

     "Owner" means the term "owner" as defined in R.S.39:1-1.

     "Toll collection monitoring system" means a vehicle sensor, placed in a location to work in conjunction with a toll collection facility, that produces one or more photographs, one or more microphotographs, a videotape or other recorded images, or a written record, of a vehicle at the time the vehicle is used or operated in a violation of the toll collection monitoring system regulations.  The term shall also include any other process that identifies a vehicle by photographic, electronic or other method.

     "Toll collection monitoring system regulations" means the regulations authorized and adopted pursuant to section 12 of P.L.1997, c.59 (C.27:25A-21.2) that prohibit a vehicle from making use of any project except upon the payment of such tolls as may from time to time be prescribed by the authority and that further makes it a violation subject to a civil penalty for any person to refuse to pay, to evade, or to attempt to evade the payment of such tolls, if the violation is recorded by a toll collection monitoring system as defined in this section.

     "Vehicle" means the term "vehicle" as defined in R.S.39:1-1.

(cf: P.L.2021, c.251, s.2)

      3.   (New section)  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 the authority has first determined that the vehicle is not associated with an existing electronic toll collection system account.  If the vehicle is associated with an existing electronic toll collection system account, 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.

      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 establish a program to encourage account holders to comply with the provisions of this section by maintaining accurate and updated information for electronic toll collection system accounts.

 

      4.   (New section)  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 the authority has first determined that the vehicle is not associated with an existing electronic toll collection system account.  If the vehicle is associated with an existing electronic toll collection system account, 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.

      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 establish a program to encourage account holders to comply with the provisions of this section by maintaining accurate and updated information for electronic toll collection system accounts.

 

     5.    This act shall take effect immediately, but the provisions of sections 3 and 4 of P.L.    , c.    (C.      ) (pending before the Legislature as this bill) shall not be construed as affecting the terms of any contract or agreement in effect as of the effective date of this act.

 

 

STATEMENT

 

     This bill prohibits the New Jersey Turnpike Authority and South Jersey Transportation Authority from sending a notice of violation or charging any administrative fees to the owner of a vehicle for an E-ZPass violation unless the authority has first determined that the vehicle is not associated with an existing electronic toll collection system account.  If the vehicle is used under an existing account, the authority is to relay the license plate information to the lead agency of the electronic toll collection system for toll payment from the account holder.  The account holder may dispute any charges imposed under the provisions of this bill.

     The bill also requires E-ZPass account holders to maintain accurate and updated information on their account.  If an account holder fails to update the license plates associated with the account, the account holder may be issued a notice of violation and charged an administrative fee for violations.  Each authority is required to establish a program to encourage account holders to keep their information current.