ASSEMBLY, No. 1132

STATE OF NEW JERSEY

216th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

 


 

Sponsored by:

Assemblyman  DECLAN J. O'SCANLON, JR.

District 13 (Monmouth)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblyman  ANTHONY M. BUCCO

District 25 (Morris and Somerset)

Assemblywoman  HOLLY SCHEPISI

District 39 (Bergen and Passaic)

Assemblyman  CARMELO G. GARCIA

District 33 (Hudson)

 

Co-Sponsored by:

Assemblymen DiMaio, Peterson, Assemblywomen B.DeCroce, McHose, Assemblyman S.Kean, Assemblywoman N.Munoz and Assemblyman Space

 

 

 

 

SYNOPSIS

     Repeals traffic control signal monitoring system pilot program; prohibits future use of red light cameras in State.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning traffic control signal monitoring systems, amending R.S.39:5-3, 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.    R.S.39:5-3 is amended to read as follows:

     39:5-3.  a. When a person has violated a provision of this subtitle, the judge may, within 30 days after the commission of the offense, issue process directed to a constable, police officer, or the chief administrator for the appearance or arrest of the person so charged [and for a violation of R.S.39:4-81, issue process within 90 days after the commission of the offense].  In the case of a violation enumerated in subsection b. of this section, this period shall commence upon the filing of a complaint.

     b.    A complaint may be made to a judge for a violation of R.S.39:3-12, R.S.39:3-34, R.S.39:3-37, R.S.39:4-129 or R.S.39:10-24 at any time within one year after the commission of the offense; for a violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), section 5 of P.L.1990, c.103 (C.39:3-10.13), section 16 of P.L.1990, c.103 (C.39:3-10.24), section 3 of P.L.1952, c.157 (C.12:7-46), section 9 of P.L.1986, c.39 (C.12:7-57), R.S.39:3-40, or section 1 of P.L.1942, c.192 (C.39:4-128.1), at any time within 90 days after the commission of the offense.

     c.    All proceedings shall be brought before a judge having jurisdiction in the municipality in which it is alleged that the violation occurred, but when a violation occurs on a street through which the boundary line of two or more municipalities runs or crosses, then the proceeding may be brought before the judge having jurisdiction in any one of the municipalities divided by said boundary line, and in the event there shall be no judge or should no judge having such jurisdiction be available for the acceptance of bail and disposition of the case, or should the judges having such jurisdiction be disqualified because of personal interest in the proceedings, or for any other legal cause, said proceeding shall be brought before a judge having jurisdiction in the nearest municipality to the one in which it is alleged such a violation occurred.

(cf: P.L.2009, c.52, s.1)

 

     2.    (New section) a. A municipality shall not utilize any traffic control signal monitoring system to detect violations of a traffic control signal.

     b.    For the purposes of this section:

     “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 Commissioner of Transportation in accordance 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 works in conjunction with a traffic control signal and is capable of producing high resolution color digital recorded images and a video recording of the violation that shows the violation occurring.

 

     3.    The following sections are repealed:

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

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

 

     4.    This act shall take effect immediately; provided, however, that the provisions of this act shall not impair any contract in effect on the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

 

 

STATEMENT

 

     This bill repeals the traffic control signal monitoring system pilot program enacted in 2007 and prohibits municipalities from using similar systems to detect violations of traffic control signals in the future.  The bill also removes provisions from current law providing for a 90-day time frame for law enforcement to issue and serve process for a violation of a traffic control device, including for violations of traffic control signal monitoring systems.

     The bill would not apply to a municipality which has entered into a contract with a vendor concerning a traffic control signal monitoring system until the expiration of such contract.