ASSEMBLY, No. 1061

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Assemblyman  REED GUSCIORA

District 15 (Mercer)

Assemblywoman  BONNIE WATSON COLEMAN

District 15 (Mercer)

Assemblyman  PAUL D. MORIARTY

District 4 (Camden and Gloucester)

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

 

Co-Sponsored by:

Assemblyman Diegnan, Assemblywoman Oliver, Assemblyman Holzapfel, Assemblywoman Quigley, Assemblyman Chivukula, Assemblywoman Lampitt and Assemblyman Albano

 

 

 

 

SYNOPSIS

     Authorizes use of automated motor vehicle identification systems to enforce motor vehicle laws on certain local streets.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Law and Public Safety Committee with technical review.

  


An Act concerning the use of automated motor vehicle identification systems to enforce certain motor vehicle laws and amending and supplementing P.L.1992, c.91(C.39:4-103.1).

 

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

 

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

     1.    a.  [Notwithstanding any law, rule or regulation to the contrary] Except as otherwise provided in section 2 of P.L.    , c.    (C.    ) (pending before the Legislature as this bill), a law enforcement officer or agency shall not use [photo radar] an automated motor vehicle identification system to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes. 

     b.    As used in this act, ["photo radar"] “automated motor vehicle identification system” means a [device used primarily for highway speed limit enforcement substantially consisting of a radar unit linked to a camera, which automatically produces a photograph of a vehicle traveling at a speed in excess of the legal limit] system whereby:

     (1)   a machine is used to automatically detect a violation of a provision of chapter 4 of Title 39 of the Revised Statutes and simultaneously record a photograph or image of the motor vehicle and the license plate of the motor vehicle; and

     (2)   a penalty assessment notice or summons and complaint is issued to the registered owner of the motor vehicle.

(cf:  P.L.1992, c.91, s.1)

 

     2.    (New section)  a.  The governing body of any municipality, at its discretion and by ordinance, may authorize its law enforcement agency to use an automated motor vehicle identification system to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes on the municipal streets under its jurisdiction where it can document that fatal accidents or a high number of traffic infractions have occurred.

     b.    The governing body of any county, at its discretion and by ordinance or resolution, as appropriate, may authorize its law enforcement agency to use an automated motor vehicle identification system to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes on the county streets under its jurisdiction where it can document that fatal accidents or a high number of traffic infractions have occurred.

     c.     The governing body of any county, at its discretion and by
ordinance or resolution, as appropriate, may authorize the municipal law enforcement agencies within the territorial jurisdiction of the county to use an automated motor vehicle identification system to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes on the county roads within their particular jurisdictions where it can document that fatal accidents or a high number of traffic infractions have occurred; provided, however, that no such municipal law enforcement agency shall exercise any such authority on any county street unless the governing body of that municipality:

     (1)   has afforded its law enforcement agency the authority to use an automated motor vehicle identification system to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes on the municipal streets under its jurisdiction pursuant to subsection a. of this section and

     (2)   has, by resolution, notified the governing body of the county that its municipal law enforcement agency is thereby authorized to use an automated motor vehicle identification system to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes on the county roads within their particular jurisdictions

     d.    The governing body of any municipality or county which, pursuant to this section, authorizes the use of an automated motor vehicle identification system to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes on the streets under its jurisdiction shall erect signs so notifying motor vehicle operators.  The signs shall:

     (1)   Conform to the current standards prescribed by the Manual of Uniform Traffic Control Devices for Streets and Highways;

     (2)   Be placed in a manner prescribed by the Commissioner of Transportation; and

     (3)   Initially be erected no less than seven calendar days prior to the date on which an automated motor vehicle identification system is first used to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes on the streets under that municipality or county's jurisdiction.

     e.     No person shall be convicted of a violation of R.S.39:4-98 as detected by an automated motor vehicle identification system if the person has exceeded the speed limit by eight miles per hour or less.

 

     3.    (New section)  a.  A person who is convicted of a violation of a provision of chapter 4 of Title 39 of the Revised Statutes based on detection by an  automated motor vehicle identification system as authorized in section 2 of P.L.     , c.     (C.     ) (pending before the Legislature as this bill) shall be fined not less than $54 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

     b.    Notwithstanding the provisions of R.S.39:5-41, all monies collected under subsection a. of this section shall be used by the municipality or county, as appropriate, to promote traffic safety, prosecute violators of this State’s traffic laws, and defray associated court costs.

 

     4.    (New section)  There shall be a permissive inference that a registered owner of a motor vehicle involved in a violation of a provision of chapter 4 of Title 39 of the Revised Statutes as detected by an automated motor vehicle identification system is the person who committed the violation.  The inference may be rebutted if the registered owner provides identifying information, including name and address, of the violator.

 

     5.    (New section)  A charge for a violation of a provision of chapter 4 of Title 39 of the Revised Statutes based on detection by an automated motor vehicle identification system as authorized in section 2 of P.L.     , c.     (C.     ) (pending before the Legislature as this bill) shall not be administratively dismissed without good cause.

 

     6.    This act shall take effect of the first day of the fourth month following enactment.