ASSEMBLY, No. 1106

STATE OF NEW JERSEY

216th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

 


 

Sponsored by:

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblywoman  AMY H. HANDLIN

District 13 (Monmouth)

Assemblyman  JAY WEBBER

District 26 (Essex, Morris and Passaic)

 

 

 

 

SYNOPSIS

     Prohibits distribution of images and information produced by red light cameras.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

 


An Act concerning images and information produced by traffic control signal monitoring systems and amending P.L.2007, c.348.

 

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

 

     1.    Section 4 of P.L.2007, c.348 (C.39:4-8.15) is amended to read as follows:

     4.    a.  In any municipality where the governing body has authorized the installation and use of a traffic control signal monitoring system, a law enforcement official of such municipality shall review the recorded images produced by the traffic control signal monitoring system.  In conducting such 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 90 days from the date on which the violation occurred, a summons where it is deemed appropriate.  A traffic control signal violation summons issued pursuant to a traffic control signal monitoring system established in accordance with this act shall be served by a law enforcement official in accordance with the Rules of Court. 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.2007, c.348 (C.39:4-8.12 et seq.).  Any 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.

     Any recorded image or information produced in connection with the traffic control signal monitoring system pertaining to a specific violation shall be purged and not 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 shall be purged within three days.

     A municipality shall not distribute, whether for profit or otherwise, to any person or entity other than a vendor with whom the municipality contracts for the installation and use of a traffic control signal monitoring system pursuant to subsection f. of section 3 of P.L.2007, c.348 (C.39:4-8.14), any recorded image or information produced by a traffic control signal monitoring system.  A vendor who contracts with a municipality for the installation and use of a traffic control signal monitoring system pursuant to subsection f. of section 3 of P.L.2007, c.348 (C.39:4-8.14) shall not distribute, whether for profit or otherwise, to any person or entity other than the municipality with which the vendor is contracted, any recorded image or information produced by a traffic control signal monitoring system.

     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.2007, c.348 (C.39:4-8.17).

     b.    Except as provided in subsection c. of this section, the owner and operator shall be jointly liable for a traffic control signal violation summons issued pursuant to a traffic control signal monitoring system established in accordance with this act, 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 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.

     c.    The owner of a motor vehicle who is a lessor shall not be liable for a traffic control signal violation summons issued pursuant to this act 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.

     d.    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 this act. 

     e.    (Deleted by amendment, P.L.2009, c.52)

(cf: P.L.2009, c.52, s.3)

 

     2.    This act shall take effect immediately.


STATEMENT

 

     This bill prohibits municipalities participating in the traffic control signal monitoring system (red light camera) pilot program from distributing, whether for profit or otherwise, to any person or entity other than a vendor with whom the municipality contracts for the installation and use of a red light camera, any image or information produced by the program.  The bill also prohibits vendors who contract with a municipality for the installation and use of a red light camera program from distributing images or information produced by the program.  The distribution of images between the municipality and any vendor contracted with the municipality for the installation and use of red light cameras is not prohibited by the bill.