A851

An Act concerning the enforcement of speed limits and supplementing Title 39 of the Revised Statutes.

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

1. a. The Legislature finds that:

(1) excessive speeding in areas of road construction or repair increases the likelihood of accidents that endanger the safety and well-being of motor vehicle occupants, pedestrians, and workers; and

(2) the installation and use of automated speed enforcement systems with speed control devices in areas of road construction or repair to complement the efforts of law enforcement could serve as effective tools to encourage drivers to strictly obey speed limits in road construction, maintenance, or repair zones, facilitating the flow of traffic and protecting the safety and well-being of motor vehicle occupants, pedestrians, and workers.

b. The Legislature, therefore, declares that it is altogether fitting and proper, and within the public interest, to require the Commissioner of Transportation and the New Jersey Turnpike Authority to establish a five-year automated speed enforcement work zone pilot program, to be fully implemented not later than 18 months following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), to determine the effectiveness of automated speed enforcement systems with speed control devices in work zones in this State.

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

“Active work zone” means a work zone where engineering, investigation, construction, maintenance, utility, or incident management work is actively being performed.

“Automated speed enforcement” means the enforcement of the speed limit on a portion of highway through the use of technology, including, but not limited to, photo radar.

“Automated speed enforcement system” means the system, as authorized pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), including any equipment, devices, and technology, that is utilized to enforce the speed limit on any portion of highway.

“Automated speed enforcement work zone” means any work zone where an automated speed enforcement system is implemented, provided that the work zone is on a highway or limited access highway under the jurisdiction of the New Jersey Department of Transportation or the New Jersey Turnpike Authority.

“Highway” means any highway, as defined in R.S.39:1-1, under the jurisdiction of the State or the New Jersey Turnpike Authority.

“Limited access highway” means the a limited access highway as defined in R.S.39:1-1, under the jurisdiction of the State or the New Jersey Turnpike Authority.

“Photo radar” 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.

“Work zone” means any area upon or around any highway where engineering, investigation, construction, maintenance, utility, or incident management work is being performed and is visibly marked by channeling devices, barriers, pavement markings, work or emergency service vehicles displaying the appropriate flashing warning lights pursuant to section 1 of P.L.2009, c.5 (C.39:4-92.2), or signs. A “work zone” shall extend from the first channeling device, barrier, pavement marking, warning light, or sign to the last channeling device, barrier, pavement marking, warning light, or sign, whether or not work is actually being done at that time; and may be marked by a sign signaling the end of the work zone that displays the following message: “END OF ROAD WORK.”

3. a. There is hereby established a five-year pilot program to provide for automated speed enforcement systems in active work zones.

b. Only the New Jersey Department of Transportation and the New Jersey Turnpike Authority are authorized to utilize automated speed enforcement systems. An automated speed enforcement system shall not be used unless:

(1) at least two appropriate warning signs are conspicuously placed before the active work zone notifying the public that an automated speed enforcement system is in use;

(2) a notice identifying the location of the automated speed enforcement system is posted on the Internet website of the New Jersey Department of Transportation or New Jersey Turnpike Authority, as appropriate, throughout the period that the automated speed enforcement system is in use; and

(3) the automated speed enforcement system conforms to the federal Manual on Uniform Traffic Control Devices for Streets and Highways.

c. The New Jersey Department of Transportation and the New Jersey Turnpike Authority shall each:

(1) establish a five-year pilot program for automated speed enforcement systems to be implemented on highways and limited access highways under their jurisdiction not later than 18 months following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill);

(2) promulgate regulations for the certification and use of automated speed enforcement systems in active work zones; and

(3) serve, through a contracted private service provider, as the system administrator of the pilot program.

d. Compensation under a contract authorized by this section shall be based only upon the value of equipment and services provided or rendered in support of the automated speed enforcement pilot program and may not be based in any part upon the quantity of notices of violation issued or amount of fines imposed or generated.

e. The system administrator shall prepare and issue notices of violation in accordance with section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).

f. Except as authorized by P.L. , c. (C. ) (pending before the Legislature as this bill), and in accordance with section 1 of P.L.1992, c.91 (C.39:4-103.1), a law enforcement officer or agency shall not use photo radar to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes.

g. It shall be a violation of P.L. , c. (C. ) (pending before the Legislature as this bill) for an individual to drive in excess of 11 miles per hour over the posted speed limit in an active automated speed enforcement work zone.

h. (1) The penalty for a violation under P.L. , c. (C. ) (pending before the Legislature as this bill) shall be a fine of $100. There shall not be a fine for actions that would otherwise constitute a violation of P.L. , c. (C. ) (pending before the Legislature as this bill) if the action is committed at a time when the automated speed enforcement work zone is not an active work zone. A penalty imposed under this section shall not be deemed a criminal conviction or be made part of the operating record for motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14).

(2) Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to prohibit a law enforcement officer or agency from issuing a motor vehicle citation for a violation of R.S.39:4-98 in an automated speed enforcement work zone provided that a law enforcement officer witnesses the violation. If an individual receives a citation for a violation of R.S.39:4-98 in an automated speed enforcement work zone, the individual shall not be liable for any penalty imposed under P.L. , c. (C. ) (pending before the Legislature as this bill) arising out of the violation.

4. a. A restricted account is established in the New Jersey Department of the Treasury for fines remitted to the New Jersey Department of Transportation and the New Jersey Turnpike Authority based on the location of the violation.

b. The contractor serving as the system administrator shall send an invoice to the New Jersey Department of Transportation and the New Jersey Turnpike Authority based on the services contracted for pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill). The New Jersey Department of Transportation and the New Jersey Turnpike Authority shall establish restricted accounts to remit fines to pay for the administration of the pilot program and the contractors’ invoice costs. Remaining fines shall be allocated by the New Jersey Department of Transportation and the New Jersey Turnpike Authority as follows:

(1) 75 percent of the fines over the duration of the five-year pilot program from violations occurring in active automated speed enforcement work zones pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be deposited into the restricted account established by this section on a quarterly basis, and the State Treasurer shall, within 90 days of the date of deposit, transfer to the Division of State Police in the Department of Law and Public Safety an amount equivalent to the previous quarterly deposit to be used by the Division of State Police as follows:

(a) 55 percent of the funds shall be dedicated and used for the purpose of recruiting, training, or equipping Division of State Police Construction Unit members;

(b) 45 percent of the funds shall be dedicated and used to pay for an increased New Jersey State Trooper presence in work zones on this State’s road system managed by the New Jersey Department of Transportation and the New Jersey Turnpike Authority that do not utilize concrete barriers. The assignment shall be based on need as determined by the Superintendent of the Division of State Police. Funds under this subparagraph shall be in addition to any contractual agreements between the New Jersey Department of Transportation and the New Jersey Turnpike Authority and the Division of State Police for enforcement in work zones on the roadways managed by the New Jersey Department of Transportation and the New Jersey Turnpike Authority.

(2) 25 percent of the fines over the duration of the pilot program from violations occurring in active automated speed enforcement work zones pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be transferred to the New Jersey Department of Transportation or the New Jersey Turnpike Authority, whichever road system utilized the automated speed enforcement system, for the purposes of work zone safety and educating the motoring public on work zone safety, at the discretion of the New Jersey Department of Transportation and the New Jersey Turnpike Authority.

5. a. An action to enforce a violation of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be initiated by an administrative notice of violation to the registered owner of a vehicle identified by an automated speed enforcement system as violating P.L. , c. (C. ) (pending before the Legislature as this bill). A notice of violation based upon inspection of recorded images produced by an automated speed enforcement system and sworn or affirmed by a law enforcement officer, an authorized employee of the New Jersey Department of Transportation or the New Jersey Turnpike Authority, or a contractor that, pursuant to a contract with the department or the authority, provides the devices used for the automated speed enforcement system to the department or the authority shall be prima facie evidence of the facts contained therein.

b. The notice of violation shall include written verification that the automated speed enforcement system, and any device thereof, was operating correctly at the time of the alleged violation and shall include the date of the most recent inspection of the automated speed enforcement system and any device thereof.

c. An automated speed enforcement system operator shall complete training offered by the manufacturer of the automated speed enforcement system, including training on any devices critical to the operation of the system, or the manufacturer’s representative in the procedures for setting up, testing, and operating an automated speed enforcement system. Upon completion of the training, the manufacturer or manufacturer’s representative shall issue a signed certificate to the automated speed enforcement system device operator, which shall be admitted as evidence in any court proceeding for a violation involving an automated speed enforcement system device. An automated speed enforcement system device operator shall fill out and sign a daily log for an automated speed enforcement system, which: (1) states the date, time, and location of the device setup; (2) states that the automated speed enforcement system device operator successfully performed, and the automated speed enforcement system device, passed, the self-tests specified by the manufacturer of the automated speed enforcement system device; (3) shall be kept on file; and (4) shall be admitted in any proceeding for a violation involving automated speed enforcement system device. An automated speed enforcement system device shall undergo an annual calibration check performed by a calibration laboratory. The calibration laboratory shall issue a signed certificate of calibration after the annual calibration check, which shall be kept on file and shall be admitted as evidence in any proceeding for a violation involving an automated speed enforcement system device.

d. The following shall be attached to the notice of violation:

(1) a copy of the recorded image showing the vehicle with its license plate visible;

(2) the registration number and state of issuance of the vehicle registration;

(3) the date, time, and place of the alleged violation;

(4) notice that the violation charged is pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill); and

(5) instructions for return of the notice of violation, the individual’s rights to contest the violation, and instructions on payment of any penalty.

e. (1) In the case of a violation involving a motor vehicle registered under the laws of this State, the notice of violation shall be mailed within 30 days after the discovery of the identity of the registered owner to the address of the registered owner as listed in the records of this State.

(2) In the case of a violation involving a motor vehicle registered in a jurisdiction other than this State, the notice of violation shall be mailed within 30 days after the discovery of the identity of the registered owner as listed in the records of the jurisdiction having charge of the registration of the vehicle.

(3) A notice of violation shall be invalid unless provided to an owner within 90 days of the offense.

f. The notice shall include the following text:

THIS NOTICE SHALL BE RETURNED PERSONALLY, BY MAIL, OR BY AN AGENT DULY AUTHORIZED IN WRITING, WITHIN 30 DAYS OF ISSUANCE. A HEARING MAY BE OBTAINED UPON THE WRITTEN REQUEST OF THE REGISTERED OWNER OF THE VEHICLE.

g. Notice of violation shall be sent by first class mail. A manual or automatic record of mailing prepared by the system administrator in the ordinary course of business shall be prima facie evidence of mailing and shall be admissible in any judicial or administrative proceeding as to the facts contained therein.

6. a. (1) An owner may, within 30 days of the mailing of the notice of violation pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), request a hearing to contest liability by appearing before the system administrator either personally or by an authorized agent or by mailing a request in writing on the prescribed form. Appearances in person shall only be at the locations and times set by the system administrator.

(2) Upon receipt of a hearing request, the system administrator shall in a timely manner notify the New Jersey Motor Vehicle Commission of the hearing request. The New Jersey Motor Vehicle Commission shall in a timely manner schedule a hearing before a hearing officer designated by New Jersey Motor Vehicle Commission. Written notice of the date, time, and place of hearing shall be presented or sent by first class mail to the owner.

(3) The system administrator shall provide an appropriate printed form by which owners may challenge a notice of violation and convenient hours and times in each of the New Jersey Motor Vehicle Commission regional centers for a hearing before a New Jersey Motor Vehicle Commission hearing officer. At the hearing a decision shall be made by the hearing officer. If a motorist that has been issued a notice of violation chooses to reject the decision set forth by the hearing officer, the motorist may file an appeal with the Office of Administrative Law for an appeal to an Administrative Law Judge.

(4) The hearing shall be informal and the rules of evidence shall not apply. The decision of the hearing officer shall be final, subject to the right of the owner to appeal the decision.

(5) If the owner requests in writing that the decision of the hearing officer be appealed, the New Jersey Motor Vehicle Commission shall file the notice of violation and supporting documentation with the Office of Administrative Law and an Administrative Law Judge shall hear and decide the matter de novo.

b. An owner may admit responsibility for the violation and pay the fine provided in the notice personally, through an authorized agent, electronically, or by mailing both payment and the notice of violation to the system administrator. Payment by mail shall be made only by money order, credit card, or check made payable to the State of New Jersey. Payment of the fine shall operate as a final disposition of the matter.

c. If payment is not received within 90 days of the original notice of violation, the New Jersey Department of Transportation or the New Jersey Turnpike Authority may turn the matter over to applicable credit collection agencies.

d. (1) The owner and operator of a motor vehicle shall be jointly liable for a violation summons issued pursuant to an automated speed enforcement system established pursuant to 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 consent, express or implied.

(2) The owner of a motor vehicle who is a lessor shall not be liable for a 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 violation, the owner of the motor vehicle which was leased at the time of the offense notifies the hearing officer 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 Commissioner of Transportation, 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 New Jersey Motor Vehicle Commission or a court of competent jurisdiction.

e. An owner who pays any fine, penalty, civil judgment, costs, or administrative fees in connection with a violation summons issued pursuant to an automated speed enforcement system shall have the right to recover that sum from the operator in a court of competent jurisdiction.

f. 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).

7. a. Recorded images collected as part of the automated speed enforcement system may only be used to document violations of P.L. , c. (C. ) (pending before the Legislature as this bill) and shall not be used for any other purposes. The restrictions set forth in this section shall not preclude a court of competent jurisdiction from issuing an order directing that the information be provided to law enforcement officials, if the information is required solely in connection with a criminal law enforcement action and is reasonably described.

b. Notwithstanding any other provision of law, information gathered and maintained pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) which is kept by the State of New Jersey, its authorized agents, or its employees, including recorded images, written records, reports or facsimiles, names, and addresses, shall be for the exclusive purpose of discharging the duties and responsibilities established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

c. Any recorded image or information produced in connection with the automated speed enforcement system device pertaining to a specific violation shall be purged not later than 60 days after the collection of any fine or penalty or final disposition of the case. If a notice of violation for a violation of P.L. , c. (C. ) (pending before the Legislature as this bill) is not issued within 30 days after the discovery of the identity of the registered owner, all recorded images and information collected pertaining to that alleged violation shall be purged within three days.

8. a. The Commissioner of Transportation and the Executive Director of the New Jersey Turnpike Authority shall prepare and submit an annual report to the Governor, the President of the Senate, the Speaker of the General Assembly, and the members of the Senate Law and Public Safety Committee and the Assembly Transportation and Independent Authorities Committee, or their successor committees, describing the pilot program developed pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), including accident and violation information reported by the New Jersey Department of Transportation and the New Jersey Turnpike Authority. The first such report shall be submitted no later than one year after the installation of the first automated speed enforcement system authorized pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill). Thereafter, subsequent reports shall be submitted annually for the duration of the five-year pilot program prescribed by P.L. , c. (C. ) (pending before the Legislature as this bill), with the final report providing a comprehensive review of the pilot program, including but not limited to, an evaluation of the program's effectiveness, a discussion of extending the program in the State, and any other information relevant to the report.

b. The report shall be accessible to the public and shall include:

(1) the number of vehicle accidents and related serious injuries and deaths in all work zones in which the program was implemented;

(2) speed data;

(3) the number of notices of violation issued;

(4) the amount of fines imposed and collected;.

(5) amounts paid under contracts authorized by P.L. , c. (C. ) (pending before the Legislature as this bill); and

(6) the number of hours of Division of State Police presence that were provided as a result of the funds provided pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

9. If the five-year pilot program is not extended by the Legislature, any remaining fines remitted to the New Jersey Department of Transportation or the New Jersey Turnpike Authority shall remain with the New Jersey Department of Transportation or the New Jersey Turnpike Authority for the purposes of work zone safety and educating the motoring public on work zone safety, at the discretion of the department and the authority, as appropriate.

10. This act shall take effect immediately and shall expire upon the submission of the final report required pursuant to section 8 of this act.

STATEMENT

This bill establishes a five-year pilot program for automated speed enforcement in active work zones in this State, to be implemented by the Department of Transportation (department) and the New Jersey Turnpike Authority (NJTA) on highways under their jurisdiction. Each work zone that has an automated speed enforcement system (speed cameras) in place is required to have at least two warning signs notifying the public that a speed camera is in use. The department and the NJTA are required to post a notice on their Internet websites identifying the location of speed cameras that are in use.

The bill provides that it is a violation for an individual to drive in excess of 11 miles per hour over the posted speed limit in an active work zone with speed cameras. The penalty for a violation is $100. Penalties under the provisions of the bill are not to be considered criminal convictions and are not to be made part of the operating record for motor vehicle points or automobile insurance eligibility points. The bill does not limit the ability of a law enforcement officer to issue a citation for speeding if the officer witnesses the violation; however, an individual who receives a speeding ticket from an officer is not to be liable for a violation of the provisions of the bill.

Fines collected under the bill are to be split with 75 percent allocated to the Division of State Police (State Police) and 25 percent allocated to the department and the NJTA for the purposes of work zone safety. Of the amount allocated to the State Police, 55 percent is to go to recruiting, training, and equipping members of the State Police Construction Unit and 45 percent is to go to pay for an increased State Police presence in work zones.

The speed cameras are required to be calibrated annually and any notice of violation is to include the date of the most recent inspection of the speed camera. Operators of the system are required to undergo training in setting up, testing, and operating speed cameras. Notices of violation are to be mailed out to the registered owner of the vehicle captured on the speed camera within 30 days after the discovery of the identity of the registered owner. Notices are invalid unless provided to an owner within 90 days of the violation. Within 30 days of the mailing of the notice, an owner is granted the power to request a hearing to contest liability before a hearing officer from the New Jersey Motor Vehicle Commission. The decision of the hearing officer is subject to appeal to an administrative law judge.

Images recorded under the bill are only to capture violations of the bill and may not be used for any other purposes. Any information obtained under the bill, however, is subject to court orders issuing that the information be provided to law enforcement officers if the information is required solely in connection with a criminal law enforcement action and is reasonably described. Any image or information produced in connection with the speed cameras are to be purged within 60 days after the collection of any fine or final disposition of the case. If no notice of violation is issued within 30 days after the discovery of the identity of the registered owner, all images and information are to be purged within three days.

The Commissioner of Transportation and the Executive Director of the NJTA are required to prepare and submit an annual report to the Governor, President of the Senate, Speaker of the General Assembly, and members of the Senate Law and Public Safety Committee and the Assembly Transportation and Independent Authorities Committee, or their successor committees, describing the pilot program. The final report is to provide a comprehensive review of the pilot program, including an evaluation of the program’s effectiveness, a discussion of extending the program, and any other relevant information. If the pilot program is not extended, any remaining fines remitted to the department or the NJTA are to remain with those respective agencies for the purposes of work zone safety.