P.L. 1997, c.059 (S801 2R SCS)

§§ 1 - 5

C.27:12B-18.2 To

27:12B-18.6

§§ 6 - 10

C.27:23-34.1 To

27:23-34.5

§§ 11 - 15

C.27:25A-21.1 To

27:25A-21.5

P.L. 1997, CHAPTER 59, approved April 2, 1997

Senate Committee Substitute (Second Reprint) for

Senate, No. 801

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 1 through 5 of P.L. , c. (C. )(now pending before the Legislature as this bill):

"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 a vehicle and has exclusive use of the vehicle 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 contract that provides the lessee with the 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.

"Toll collection monitoring system" means a vehicle sensor, placed in a location to work in conjunction with a toll collection facility, that produces one or more photographs, one or more microphotographics, a videotape or other recorded images, or a written record, of a vehicle at the time the vehicle is used or operated in a violation of the toll collection monitoring system regulations. The term shall also include any other technology that identifies a vehicle by photographic,

electronic or other method.

"Toll collection monitoring system regulations" means the regulations authorized and adopted pursuant to section 2 of P.L. , c. (C. )(now pending before the Legislature as this bill) that prohibit a vehicle from making use of any project except upon the payment of such tolls as may from time to time be prescribed by the authority and that further makes it a violation subject to a civil penalty for any person to refuse to pay, to evade, or to attempt to evade the payment of such tolls, if the violation is recorded by a toll collection monitoring system as defined in this section ²[and in any regulation adopted by the authority pursuant to section 2 of P.L. , c. (C. ) (now pending before the Legislature as this bill)]².

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

2. a. The authority may, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt toll collection monitoring system regulations. ²The regulations shall include a procedure for processing toll violations and for the treatment of inadvertent violations.² A person who violates the regulations shall be liable to a civil penalty of not less than $50 nor more than $200 per violation. The penalty shall be enforced pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq.

b. Except as provided in subsection b. of section 3 of P.L. , c. (C. )(now pending before the Legislature as this bill), an owner of a vehicle shall be jointly and severally liable for the failure of an operator of the vehicle to comply with the toll collection monitoring system regulations. The owner of a vehicle shall be liable if such vehicle was used or operated by the operator with the express or implied permission of the owner when the violation of the toll collection monitoring system regulations was committed, and the evidence of the violation is obtained by ²[visual observation,]² a toll collection monitoring system ²[or any other method of identification of vehicles]². An owner of a vehicle shall not be liable if the operator of the vehicle has been identified and charged with a violation of section 18 of P.L.1952, c.16 (C.27:12B-18) for the same incident.

²c. A toll collection monitoring system acquired or operated by, or under contract to, the authority shall be so designed that it does not produce one or more photographs, microphotographs, a videotape or other recorded image or images of the face of the operator or any passenger in a motor vehicle.²

3. a. If a violation of the toll collection monitoring system regulations is committed as evidenced by ²[visual observation,]² a toll collection monitoring system ²[or any other method of identification of vehicles]², the ²[authority or the]² agent of the authority may send ¹[a notice] an advisory and payment request¹ ²within 30 days of the date of the violation² to the owner of the vehicle by regular mail at the address of record for that owner with the Division of Motor Vehicles in the Department of Transportation or with any other motor vehicle licensing authority of another jurisdiction, providing the owner with the opportunity to resolve the matter prior to the issuance of a summons and complaint that charges a violation of the toll collection monitoring system regulations. The ¹[notice] advisory and payment request¹ shall contain sufficient information to inform the owner of the nature, date, time and location of the alleged violation. The ²[authority] agent² may require as part of the ¹[notice] advisory and payment request¹ that the owner pay to the ²[authority or its]² agent the proper toll and a reasonable administrative fee that shall not exceed $25 ²per violation². If the owner fails to pay ¹[to] the¹ required toll and fee ²within 60 days of the date the advisory and payment request was sent², the owner shall be subject to liability ¹on the ²[31st] 61st² day following the date ²[of the violation¹] the advisory and payment request was sent² for the violation of the toll collection monitoring system regulations by the vehicle operator.

b. An owner of a vehicle who is a lessor of the vehicle used in violation of the toll collection monitoring system regulations of the authority shall not be liable for the violation of the regulations if the lessor submits to the authority, in a timely manner, a copy of the rental agreement, 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 having jurisdiction over the violation. If the lessor fails to provide the information in a timely manner, the lessor shall be held liable for the violation of the regulations. If the lessor provides the required information to the authority, the lessee of the vehicle on the date of the violation shall be deemed to be the owner of the vehicle for the purposes of sections 1 through 5 of P.L. , c. (C. )(now pending before the Legislature as this bill) and the toll collection monitoring system regulations and shall be subject to liability for the violation of the regulations.

c. A certified report of an employee or agent of the authority reporting a violation of the toll collection monitoring system regulations and any information obtained from a toll collection monitoring system ²[or other method of identification of vehicles]² shall be available for the exclusive use of the authority and any law enforcement official for the purposes of discharging their duties pursuant to sections 1 through 5 of P.L. , c. (C. )(now pending before the Legislature as this bill) and the toll collection monitoring system regulations. Any such report or information 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 certified reports and information shall not be discoverable ¹as a public record¹ by any person, entity or governmental agency, nor shall they be ¹[admissible] offered¹ in evidence in any civil, criminal or administrative proceeding, not directly related to a violation of the toll collection monitoring system regulations. ²However, in the event that, notwithstanding the provisions of subsection c. of section 2 of this act, a recorded image of the face of the operator or any passenger in a motor vehicle is produced by the toll collection monitoring system, that image shall not be used by the authority for any purpose nor shall the image or any record or copy thereof be transmitted or communicated to any person, governmental, non-governmental or judicial or administrative entity.²

d. A complaint and summons charging a violation of the toll collection monitoring system regulations shall be on a form prescribed by the Administrative ¹[Office] Director¹ of the Courts ¹pursuant to the Rules Governing the Courts of the State of New Jersey¹. The authority may authorize ²by regulation² an employee or agent ¹to be a complaining witness¹ to make, sign, and ¹[issue] initiate¹ complaints and ¹to issue¹ summonses in the name of the authority ¹on behalf of the State of New Jersey, pursuant to the Rules Governing the Courts of the State of New Jersey¹. The complaints and summonses may be made on information based upon evidence obtained ²[by visual observation,]² ¹by¹ a toll collection monitoring system ²[or ¹by¹ any other method of identification of vehicles]², the toll collection monitoring system record and the records of the Division of Motor Vehicles in the Department of Transportation or of any other state, province, or motor vehicle licensing authority.

Service may be made by ¹[regular or certified mail or by other]¹ means provided by the Rules Governing the Courts of the State of New Jersey ¹[and the service shall have the same effect as if the complaint and summons were served personally]¹.

¹[The original complaint and summons and the] ²[The¹] Except as provided in subsection c. of this section, the² recorded images produced by a toll collection monitoring system ²[or other method used for identification of vehicles]² shall be considered an official record kept in the ordinary course of business and shall be admissible in a proceeding for a violation of any toll collection monitoring system regulations.

e. The municipal court of the municipality wherein a toll collection monitoring system record was made ¹[, or wherein the defendant may reside according to the records of the Division of Motor Vehicles in the Department of Transportation or of any other state, province or motor vehicle licensing authority,]¹ shall have jurisdiction to hear violations of the toll collection monitoring system regulations. Violations shall be enforced and penalties collected pursuant to "the penalty enforcement law", N.J.S.2A:58-1 et seq. A proceeding and a judgment arising therefrom shall be pursued and entered in accordance with the provisions of N.J.S.2B:12-1 et seq. and the Rules Governing the Courts of the State of New Jersey.

In addition to the civil penalty that may be assessed by a court ¹having jurisdiction¹ for a violation of the toll collection monitoring system regulations, a court ¹[having jurisdiction over the violation]¹ ²[may] shall² require the ²[owner] defendant² to pay the proper toll and ²may require the defendant² to pay a reasonable administrative fee that shall not exceed $25 ²per violation² ¹if the authority has previously sent an advisory and payment request to the defendant¹. ¹[Payment of any penalty or assessment imposed by a court shall be made to the court or judicial officer having jurisdiction over the proceeding and shall be remitted to the authority within 60 days following the payment.] Following collection and distribution of the fees set forth in section 11 of P.L.1953, c.22 (C. 22A:3-4), any ²[penalties,] ² tolls and administrative fees imposed and collected by the court for a violation of the toll collection monitoring system regulations shall be promptly remitted to the authority by the court.¹

²The civil penalty shall be distributed pursuant to the "penalty enforcement law," N.J.S. 2A:58-1 et seq.²

4. Nothing in sections 1 though 5 of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall be construed as limiting the power of the authority as provided in P.L.1952, c.16 (C.27:12B-1 et seq.) to proceed against an operator of a vehicle for a violation of the authority's toll collection regulations, or as prohibiting or limiting the enforcement of a violation of the motor vehicle and traffic laws as set forth in Title 39 of the Revised Statutes ²except that an operator of a vehicle charged with a violation of section 18 of P.L.1952, c.16 (C.27:12B-18) shall not be liable for the civil penalty provided in subsection a. of section 2 of this act for the same incident².

5. Nothing in sections 1 through 5 of P.L. , c. (C. ) (now pending before the Legislature as this bill) 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 6 through 10 of P.L. , c. (C. ) (now pending before the Legislature as this bill):

"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 monitoring system regulations" means the regulations authorized and adopted pursuant to section 7 of P.L. , c. (C. )(now pending before the Legislature as this bill) that prohibit a vehicle from making use of any project except upon the payment of such tolls as may from time to time be prescribed by the authority and that further makes it a violation subject to a civil penalty for any person to refuse to pay, to evade, or to attempt to evade the payment of such tolls, if the violation is recorded by a toll collection monitoring system as defined in this section ²[and in any regulation adopted by the authority pursuant to section 7 of P.L. , c. (C. ) (now pending before the Legislature as this bill)]².

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

7. a. The authority may, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt toll collection monitoring system regulations. ²The regulations shall include a procedure for processing toll violations and for the treatment of inadvertent violations.² A person who violates the regulations shall be liable to a civil penalty of not less than $50 nor more than $200 per violation. The penalty shall be enforced pursuant to the "penalty enforcement law," N.J.S.2A:58-1 et seq.

b. Except as provided in subsection b. of section 8 of P.L. , c. (C. )(now pending before the Legislature as this bill), an owner of a vehicle shall be jointly and severally liable for the failure of an operator of the vehicle to comply with the toll collection monitoring system regulations. The owner of a vehicle shall be liable if such vehicle was used or operated by the operator with the express or implied permission of the owner when the violation of the toll collection monitoring system regulations was committed, and the evidence of the violation is obtained by ²[visual observation,]² a toll collection monitoring system ²[or any other method of identification of vehicles used to commit violations]². An owner of a vehicle shall not be liable if the operator of the vehicle has been identified and charged with a violation of section ²[1 of P.L.1951, c.264 (C.27:23-25)] 10 of P.L.1951, c.264 (C.27:23-34)² for the same incident.

8. a. If a violation of the toll collection monitoring system regulations is committed as evidenced by ²[visual observation,]² a toll collection monitoring system ²[or any other method of identification of vehicles]², the ²[authority or the]² agent of the authority may send ¹[a notice] an advisory and payment request¹ ²within 30 days of the date of the violation² to the owner of the vehicle by regular mail at the address of record for that owner with the Division of Motor Vehicles in the Department of Transportation or with any other motor vehicle licensing authority of another jurisdiction, providing the owner with the opportunity to resolve the matter prior to the issuance of a summons and complaint that charges a violation of the toll collection monitoring system regulations. The ¹[notice] advisory and payment request¹ shall contain sufficient information to inform the owner of the nature, date, time and location of the alleged violation. The ²[authority] agent² may require as part of the ¹[notice] advisory and payment request¹ that the owner pay to the ²[authority or its]² agent the proper toll and a reasonable administrative fee that shall not exceed $25 ²per violation² . If the owner fails to pay ¹[to] the¹ required toll and fee ²within 60 days of the date the advisory and payment request was sent², the owner shall be subject to liability ¹on the ²[31st] 61st² day following the date ²[of the violation¹] the advisory and payment request was sent² for the violation of the toll ¹[collections] collection¹ monitoring system regulations by the vehicle operator.

b. An owner of a vehicle who is a lessor of the vehicle used in violation of the toll collection monitoring system regulations of the authority shall not be liable for the violation of the regulations if the lessor submits to the authority, in a timely manner, a copy of the rental agreement, 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 having jurisdiction over the violation. If the lessor fails to provide the information in a timely manner, the lessor shall be held liable for the violation of the regulations. If the lessor provides the required information to the authority, the lessee of the vehicle on the date of the violation shall be deemed to be the owner of the vehicle for the purposes of sections 6 through 10 of P.L. , c. (C. )(now pending before the Legislature as this bill) and the toll collection monitoring system regulations and shall be subject to liability for the violation of the regulations.

c. A certified report of an employee or agent of the authority reporting a violation of the toll collection monitoring system regulations and any information obtained from a toll collection monitoring system ²[or other method of identification of vehicles]² shall be available for the exclusive use of the authority and any law enforcement official for the purposes of discharging their duties pursuant to sections 6 through 10 of P.L. , c. (C. ) (now pending before the Legislature as this bill) and the toll collection monitoring system regulations. Any such report or information 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 certified reports and information shall not be discoverable ¹as a public record¹ by any person, entity or governmental agency, nor shall they be ¹[admissible] offered¹ in evidence in any civil, criminal or administrative proceeding, not directly related to a violation of the toll collection monitoring system regulations. ²However, in the event that, notwithstanding the provisions of subsection c. of section 7 of this act, a recorded image of the face of the operator or any passenger in a motor vehicle is produced by the toll collection monitoring system, that image shall not be used by the authority for any purpose nor shall the image or any record or copy thereof be transmitted or communicated to any person, governmental, non-governmental, or judicial or administrative entity.²

In addition to the civil penalty that may be assessed by a court ¹having jurisdiction¹ for a violation of the toll collection monitoring system regulations, a court ¹[having jurisdiction over the violation]¹ ²[may] shall² require the ²[owner] defendant² to pay the proper toll and ²may require the defendant² to pay a reasonable administrative fee that shall not exceed $25 ²per violation² ¹if the authority has previously sent an advisory and payment request to the defendant¹. ¹[Payment of any penalty or assessment imposed by a court shall be made to the court or judicial officer having jurisdiction over the proceeding and shall be remitted to the authority within 60 days following the payment.] Following collection and distribution of the fees set forth in section 11 of P.L.1953, c.22 (C.22A:3-4), any ²[penalties,]² tolls and administrative fees imposed and collected by the court for a violation of the toll collection monitoring system regulations shall be promptly remitted to the authority by the court.¹

²The civil penalty shall be distributed pursuant to the penalty enforcement law, "N.J.S.2A:58-1 et seq.²

9. Nothing in sections 6 though 10 of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall be construed as limiting the power of the authority as provided in P.L.1951, c.264 (C.27:23-25 et seq.) to proceed against an operator of a vehicle for a violation of the authority's toll collection regulations, or as prohibiting or limiting the enforcement of a violation of the motor vehicle and traffic laws as set forth in Title 39 of the Revised Statutes ²except that an operator of a vehicle charged with a violation of section 10 of P.L. 1951, c.264 (C.27:23-34) shall not be liable for the civil penalty provided in subsection a. of section 7 of this act for the same incident².

10. Nothing in sections 6 through 10 of P.L. , c. (C. ) (now pending before the Legislature as this bill) 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 11 through 15 of P.L. , c. (C. ) (now pending before the Legislature as this bill):

"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 monitoring system regulations" means the regulations authorized and adopted pursuant to section 12 of P.L. , c. (C. )(now pending before the Legislature as this bill) that prohibit a vehicle from making use of any project except upon the payment of such tolls as may from time to time be prescribed by the authority and that further makes it a violation subject to a civil penalty for any person to refuse to pay, to evade, or to attempt to evade the payment of such tolls, if the violation is recorded by a toll collection monitoring system as defined in this section ²[and in any regulation adopted by the authority pursuant to section 12 of P.L. , c. (C. ) (now pending before the Legislature as this bill)]².

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

12. a. The authority may, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt toll collection monitoring system regulations. ²The regulations shall include a procedure for processing toll violations and for the treatment of inadvertent violations.² A person who violates the regulations shall be liable to a civil penalty of not less than $50 nor more than $200 per violation. The penalty shall be enforced pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq.

b. Except as provided in subsection b. of section 13 of P.L. , c. (C. ) (now pending before the Legislature as this bill), an owner of a vehicle shall be jointly and severally liable for the failure of an operator of the vehicle to comply with the toll collection monitoring system regulations ²[to comply with the regulations]². The owner of a vehicle shall be liable if such vehicle was used or operated by the operator with the express or implied permission of the owner when the violation of the toll collection monitoring system regulations was committed, and the evidence of the violation is obtained by ²[visual observation,]² a toll collection monitoring system ²[or any other method of identification of vehicles]². An owner of a vehicle shall not be liable if the operator of the vehicle has been identified and charged with a violation of section 21 of P.L.1991, c.252 (C.27:25A-21) for the same incident.

13. a. If a violation of the toll collection monitoring system regulations is committed as evidenced by ²[visual observation,]² a toll collection monitoring system ²[or any other method of identification of vehicles]², the ²[authority or the]² agent of the authority may send ¹[a notice] an advisory and payment request¹ ²within 30 days of the date of the violation² to the owner of the vehicle by regular mail at the address of record for that owner with the Division of Motor Vehicles in the Department of Transportation or with any other motor vehicle licensing authority of another jurisdiction, providing the owner with the opportunity to resolve the matter prior to the issuance of a summons and complaint that charges a violation of the toll collection monitoring system regulations. The ¹[notice] advisory and payment request¹ shall contain sufficient information to inform the owner of the nature, date, time and location of the alleged violation. The ²[authority] agent² may require as part of the ¹[notice] advisory and payment request¹ that the owner pay to the ²[authority or its]² agent the proper toll and a reasonable administrative fee that shall not exceed $25 ²per violation². If the owner fails to pay ¹[to] the¹ required toll and fee ²within 60 days of the date the advisory and payment request was sent², the owner shall be subject to liability ¹on the ²[31st] 61st² day following the date ²[of the violation¹] the advisory and payment request was sent² for the violation of the toll collection monitoring system regulations by the vehicle ¹[operated] operator¹.

b. An owner of a vehicle who is a lessor of the vehicle used in violation of the toll collection monitoring system regulations of the authority shall not be liable for the violation of the regulations if the lessor submits to the authority, in a timely manner, a copy of the rental agreement, 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 having jurisdiction over the violation. If the lessor fails to provide the information in a timely manner, the lessor shall be held liable for the violation of the regulations. If the lessor provides the required information to the authority, the lessee of the vehicle on the date of the violation shall be deemed to be the owner of the vehicle for the purposes of sections 11 through 15 of P.L. , c. (C. )(now pending before the Legislature as this bill) and the toll collection monitoring system regulations and shall be subject to liability for the violation of the regulations.

c. A certified report of an employee or agent of the authority reporting a violation of the toll collection monitoring system regulations and any information obtained from a toll collection monitoring system ²[or other method of identification of vehicles]² shall be available for the exclusive use of the authority and any law enforcement official for the purposes of discharging their duties pursuant to sections 11 through 15 of P.L. , c. (C. ) (now pending before the Legislature as this bill) and the toll collection monitoring system regulations. Any such report or information 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 certified reports and information shall not be discoverable ¹as a public record¹ by any person, entity or governmental agency, nor shall they be ¹[admissible] offered¹ in evidence in any civil, criminal or administrative proceeding, not directly related to a violation of the toll collection monitoring system regulations. ²However, in the event that, notwithstanding the provisions of subsection c. of section 12 of this act, a recorded image of the face of the operator or any passenger in a motor vehicle is produced by the toll collection monitoring system, that image shall not be used by the authority for any purpose nor shall the image or any record or copy thereof be transmitted or communicated to any person, governmental, non-governmental or judicial or administrative entity.²

In addition to the civil penalty that may be assessed by a court ¹having jurisdiction¹ for a violation of the toll collection monitoring system regulations, a court ¹[having jurisdiction over the violation]¹ ²[may] shall² require the ²[owner] defendant² to pay the proper toll and ²may require the defendant² to pay a reasonable administrative fee that shall not exceed $25 ²per violation² ¹if the authority has previously sent an advisory and payment request to the defendant¹. ¹[Payment of any penalty or assessment imposed by a court shall be made to the court or judicial officer having jurisdiction over the proceeding and shall be remitted to the authority within 60 days following the payment.] Following collection and distribution of the fees set forth in section 11 of P.L.1953, c.22 (C.22A:3-4), any ²[penalties,]² tolls and administrative fees imposed and collected by the court for a violation of the toll collection monitoring system regulations shall be promptly remitted to the authority by the court.¹ ²The civil penalty shall be distributed pursuant to the "penalty enforcement law," N.J.S.2A:58-1 et seq.²

14. Nothing in sections 11 though 15 of P.L. , c. (C. ) (now pending before the Legislature as this bill) shall be construed as limiting the power of the authority as provided in P.L.1991, c.252 (C.27:25A-1 et seq.) to proceed against an operator of a vehicle for a violation of the authority's toll collection regulations, or as prohibiting or limiting the enforcement of a violation of the motor vehicle and traffic laws as set forth in Title 39 of the Revised Statutes ²except that an operator of a vehicle charged with a violation of section 21 of P.L.1991, c.252 (C.27:25A-21) shall not be liable for the civil penalty provided in subsection a. of section 12 of this act for the same incident².

15. Nothing in sections 11 through 15 of P.L. , c. (C. ) (now pending before the Legislature as this bill) 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.

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