A1636

ASSEMBLY, No. 1636

STATE OF NEW JERSEY

INTRODUCED MARCH 4, 1996

By Assemblymen DeCROCE, LeFEVRE, Bucco, Garrett, Carroll, Bodine, Assemblywomen Farragher and Murphy

An Act concerning toll collection enforcement and supplementing Title 27 of the Revised Statutes.

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

1. As used in sections 2 through 5 of this act:

"Authority" means the New Jersey Highway Authority established by section 4 of P.L.1952, c.16 (C.27:12B-4).

"Lessee" means any person, corporation, firm, partnership, agency, association or organization that rents, leases or contracts for the use of one or more vehicles and has exclusive use thereof 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 agreement which provides that the lessee has 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.

"Photo-monitoring system" means a vehicle sensor installed to work in conjunction with a toll collection facility which automatically produces one or more photographs, one or more microphotographs, a videotape or other recorded images of each vehicle at the time the vehicle is used or operated in violation of the toll collection provisions of the authority. The authority may use state of the art technology, including, but not limited to, automatic vehicle identification technology.

"Toll collection regulations" means the provisions of section 18 of P.L.1952, c.16 (C.27:12B-18) and specifically that paragraph thereof which provides that no vehicle shall be permitted to make use of any project except upon the payment of such tolls as may from time to time be prescribed by the authority and which further makes it unlawful for any person to refuse to pay, or to evade, or to attempt to evade the payment of such tolls, and any regulation adopted by the authority under the provisions of section 18 of P.L.1952, c.16 (C.27:12B-18) regarding the payment of tolls.

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

2. Notwithstanding any other provision of law and in accordance with the provisions of section 3 of this act, an owner of a vehicle may be liable for failure of an operator thereof to comply with the toll collection regulations of the authority. The owner of a vehicle shall be liable pursuant to this section if such vehicle was used or operated with the permission of the owner, express or implied, in violation of the toll collection regulations of the authority, and such violation is evidenced by information obtained from visual observation, a photo-monitoring system or other generally accepted enforcement technique; provided, however, that no owner of a vehicle shall be liable where the operator of such vehicle has been convicted of a violation of these toll collection regulations for the same incident.

3. a. In the event of nonpayment of the proper toll, as evidenced by visual observation, a photo-monitoring system or other generally accepted enforcement technique, a notice shall be issued to the owner of the vehicle by mail at the address of record with the Division of Motor Vehicles or licensing authority of another jurisdiction, or by any other method appropriate under the Rules Governing the Courts of the State of New Jersey. The notice shall contain sufficient information to inform the owner of the nature, date, time and location of the offense alleged. The notice shall be promptly signed and returned to the authority by the owner who shall certify to the truth of the facts set forth therein and shall include payment to the authority of the proper toll and a reasonable administrative fee to recover the cost of collecting the toll.

b. Upon failure to pay the proper toll and fee after notice to the owner thereof and within the time designated in such notice, liability set forth in section 2 of this act shall be imposed upon an owner for a violation by an operator of the toll collection regulations of the authority in the same manner as a violation of paragraph (a) of section 18 of P.L.1952, c.16 (C.27:12B-18) and any regulation adopted by the authority under the provisions of that section regarding the payment of tolls and the punishment for such violation shall be as set forth in paragraph (l) of section 18 of P.L.1952, c.16 (C.27:12B-18(l)). In addition, the court having jurisdiction over the violation may require the owner to make prompt payment to the authority of the proper toll and a reasonable administrative fee to recover the cost of collecting the toll.

c. An owner who is a lessor of a vehicle operated in violation of the toll collection regulations of the authority shall not be liable for the violation of the toll collection regulations if the lessor submits a copy of the rental, lease or other contract document covering that vehicle on the date of the violation, with the name and address of the lessee clearly legible to the authority and to the court or other entity having jurisdiction over the violation in a timely manner. Failure to provide such information in a timely manner shall render the lessor liable for the penalty prescribed by this section. Where the lessor complies with the provisions of this subsection, the lessee of such vehicle on the date of the violation shall be deemed the owner of the vehicle for the purposes of this section and shall be subject to liability for the violation of the toll collection regulations of the authority.

d. A certified report of an employee or agent of the authority reporting a violation of the toll collection regulations and any information obtained from a photo-monitoring system shall be for the exclusive use of the authority in the discharge of its duties under this act and shall, when relevant, be made available for inspection and admission into evidence in a proceeding concerning a violation of the toll collection regulations, but shall not be deemed public records for the purpose of P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law of access to public records.

4. Nothing in this act shall be construed as limiting the power of the authority to proceed against an owner or operator of a vehicle for violation of its toll collection regulations as provided in P.L.1952, c.16 (C.27:12B-1 et seq.) or as prohibiting a law enforcement officer from issuing a citation for a violation of the motor vehicle and traffic laws as set forth in Title 39 of the Revised Statutes.

5. Nothing in this act shall be construed as extending or diminishing the power of the authority to establish and assess tolls on projects of the authority.

6. As used in sections 7 through 10 of this act:

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

"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 regulations" means the provisions of section 1 of P.L.1951, c.264 (C.27:23-25) which provides that no vehicle shall be permitted to make use of any turnpike project or part thereof except upon the payment of such tolls, if any, as may from time to time be prescribed by the authority and which further makes it unlawful for any person to refuse to pay, or to evade, or to attempt to evade the payment of such tolls, and any regulation adopted by the authority under the provisions of P.L.1951, c.264 (C.27:23-25 et seq.) regarding the payment of tolls.

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

7. Notwithstanding any other provision of law and in accordance with the provisions of section 8 of this act, an owner of a vehicle may be liable for failure of an operator thereof to comply with the toll collection regulations of the authority. The owner of a vehicle shall be liable pursuant to this section if such vehicle was used or operated with the permission of the owner, express or implied, in violation of the toll collection regulations of the authority, and such violation is evidenced by information obtained from visual observation, a photo-monitoring system or other generally accepted enforcement technique; provided, however, that no owner of a vehicle shall be liable where the operator of such vehicle has been convicted of a violation of these toll collection regulations for the same incident.

8. a. In the event of nonpayment of the proper toll, as evidenced by visual observation, a photo-monitoring system or other generally accepted enforcement technique, a notice shall be issued to the owner of the vehicle by mail at the address of record with the Division of Motor Vehicles or licensing authority of another jurisdiction, or by any other method appropriate under the Rules Governing the Courts of the State of New Jersey. The notice shall contain sufficient information to inform the owner of the nature, date, time and location of the offense alleged. The notice shall be promptly signed and returned to the authority by the owner who shall certify to the truth of the facts set forth therein and shall include payment to the authority of the proper toll and a reasonable administrative fee to recover the cost of collecting the toll.

b. Upon failure to pay the proper toll and fee after notice to the owner thereof and within the time designated in such notice, liability set forth in section 7 of this act shall be imposed upon an owner for a violation by an operator of the toll collection regulations of the authority in the same manner as a violation of section 1 of P.L.1951, c.264 (C.27:23-25) and any regulation adopted by the authority under the provisions of P.L.1951, c.264 (C.27:23-25 et seq.) regarding the payment of tolls and the punishment for such violation shall be as set forth in section 10 of P.L.1951, c.264 (C.27:23-34). In addition, the court having jurisdiction over the violation may require the owner to make prompt payment to the authority of the proper toll and a reasonable administrative fee to recover the cost of collecting the toll.

9. Nothing in this act shall be construed as limiting the power of the authority to proceed against an owner or operator of a vehicle for violation of its toll collection regulations as provided in P.L.1951, c.264 (C.27:23-25 et seq.) or as prohibiting a law enforcement officer from issuing a citation for a violation of the motor vehicle and traffic laws as set forth in Title 39 of the Revised Statutes.

10. Nothing in this act shall be construed as extending or diminishing the power of the authority to establish and assess tolls on turnpike projects of the authority.

11. As used in sections 12 through 15 of this act:

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

"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 regulations" means the provisions of section 21 of P.L.1991, c.252 (C.27:25A-21) and specifically that subsection thereof which provides that no vehicle shall be permitted to make use of any expressway project except upon the payment of such tolls as may from time to time be prescribed by the authority and which further makes it unlawful for any person to refuse to pay, or to evade, or to attempt to evade the payment of such tolls, and any regulation adopted by the authority under the provisions of section 21 of P.L.1991, c.252 (C.27:25A-21) regarding the payment of tolls.

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

12. Notwithstanding any other provision of law and in accordance with the provisions of section 13 of this act, an owner of a vehicle may be liable for failure of an operator thereof to comply with the toll collection regulations of the authority. The owner of a vehicle shall be liable pursuant to this section if such vehicle was used or operated with the permission of the owner, express or implied, in violation of the toll collection regulations of the authority, and such violation is evidenced by information obtained from visual observation, a photo-monitoring system or other generally accepted enforcement technique; provided, however, that no owner of a vehicle shall be liable where the operator of such vehicle has been convicted of a violation of these toll collection regulations for the same incident.

13. a. In the event of nonpayment of the proper toll, as evidenced by visual observation, a photo-monitoring system or other generally accepted enforcement technique, a notice shall be issued to the owner of the vehicle by mail at the address of record with the Division of Motor Vehicles or licensing authority of another jurisdiction, or by any other method appropriate under the Rules Governing the Courts of the State of New Jersey. The notice shall contain sufficient information to inform the owner of the nature, date, time and location of the offense alleged. The notice shall be promptly signed and returned to the authority by the owner who shall certify to the truth of the facts set forth therein and shall include payment to the authority of the proper toll and a reasonable administrative fee to recover the cost of collecting the toll.

b. Upon failure to pay the proper toll and fee after notice to the owner thereof and within the time designated in such notice, liability set forth in section 12 of this act shall be imposed upon an owner for a violation by an operator of the toll collection regulations of the authority in the same manner as a violation of subsection a. of section 21 of P.L.1991, c.252 (C.27:25A-21a.) any regulation adopted by the authority under the provisions of that section regarding the payment of tolls and the punishment for such violation shall be as set forth in subsection l. of section 21 of P.L.1991, c.252 (C.27:25A-21(1)). In addition, the court having jurisdiction over the violation may require the owner to make prompt payment to the authority of the proper toll and a reasonable administrative fee to recover the cost of collecting the toll.

14. Nothing in this act shall be construed as limiting the power of the authority to proceed against an owner or operator of a vehicle for violation of its toll collection regulations as provided in P.L.1991, c.252 (C.27:25A-1 et seq.) or as prohibiting a law enforcement officer from issuing a citation for a violation of the motor vehicle and traffic laws as set forth in Title 39 of the Revised Statutes.

15. Nothing in this act shall be construed as extending or diminishing the power of the authority to establish and assess tolls on expressway projects of the authority.

16. This act shall take effect immediately.

STATEMENT

This bill, which is modeled in part on Assembly Bill No. 1346 of 1996 concerning the Port Authority of New York and New Jersey, clarifies existing laws of the State's three toll road authorities - the New Jersey Highway Authority, the New Jersey Turnpike Authority and the South Jersey Transportation Authority - with regard to the liability of the owners of motor vehicles for toll collection violations and the status and use of photo-monitoring and other evidence in order to permit the toll road authorities to expediently implement electronic toll collection technology.

The electronic collection of tolls on highways and bridges is in the process of being implemented in the State of New Jersey and New York by the inauguration of the "E-Z-pass system." This system permits a driver to pass through existing toll barriers without stopping for the purpose of manually depositing currency, coins or tokens. This system will permit tolls to be paid automatically by means of automated electronic identification of a vehicle at a toll booth and the debiting of a vehicle account. This allows tolls to be paid automatically while vehicles are in motion, thereby improving traffic flow and reducing delays and queuing.

The bill provides that the toll road authorities may use state of the art technology, including but not limited to, automatic vehicle identification technology, to aid in the collection of tolls and enforcement of toll violations. This will enable the authorities to alter the system as improved technology becomes available without requiring future legislative changes. The bill also permits the authorities to continue the use of visual observation and other generally accepted enforcement techniques to detect violations of the toll collection regulations and provide for the issuance of a notice to the owner by mail and a mechanism to allow an owner to pay the toll (plus a reasonable administrative fee) before the authorities' standard penalty collection procedures are utilized.

In addition, the bill provides that the photo-monitoring system records are for the exclusive use of the authorities in the discharge of their duties under the act in order to protect the privacy of these records and to prevent unwarranted requests for inspection. The bill also specifies that nothing in this act shall be construed as prohibiting a law enforcement officer from issuing a citation for a violation of the motor vehicle and traffic laws as set forth in Title 39.

Clarifies law concerning electronic collection of tolls by State toll road authorities.