S2123 2R

An Act concerning ²[automated traffic law enforcement] traffic control signal monitoring systems² and supplementing Title 39 of the Revised Statutes.

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

1. The Legislature finds:

The disregard of traffic control devices at intersections impedes the efficient flow of traffic, and more importantly, dramatically increases the likelihood of accidents that endanger the safety and well being of motor vehicle occupants and pedestrians.

The installation and use of a traffic control signal ²[monitor] monitoring² system, which complements the efforts of local law enforcement, ¹[can] could¹ serve as an effective tool in encouraging drivers to strictly obey traffic control devices at intersections, facilitating the flow of traffic and protecting the safety and well being of motor vehicle occupants and pedestrians.

The Legislature, therefore, declares:

It is altogether fitting and proper, and within the public interest, to ¹[authorize the counties and municipalities of this State to install and use traffic control signal monitoring systems at the intersections under their particular jurisdictions] require the Commissioner of Transportation to establish a pilot program to determine the effectiveness of the installation and utilization of traffic control signal monitoring systems in this State and to approve applications ²[from no more than two]² municipalities where such systems may be installed.¹

2. As used in this act:

²[“Automated traffic law enforcement” means the utilization of an automated traffic control monitoring system to issue summonses ¹[or notices to appear]¹ for traffic control signal violations.]²

“Recorded image” means a digital image recorded by a traffic control signal monitoring system ²[that shows the rear view of a motor vehicle]².

¹[“Summons or notice to appear”] "Summons"¹ means a citation alleging a violation of a traffic control signal.

“Traffic control signal” means¹[an electrically operated device which, in compliance with the “Manual on Uniform Traffic Control Devices for Streets and Highways,” displays alternating red, amber and green lights to indicate when traffic should stop and when it
should proceed into an intersection.] a device, whether manually, electrically, mechanically ²,² or otherwise controlled ²,² by which traffic is alternatively directed to stop and to proceed ², and² which has been approved by the Commissioner of Transportation in accordance with the "Manual on Uniform Traffic Control Devices for Streets and Highways."¹

“Traffic control signal monitoring system” means an integrated system or device utilizing a camera ², or a multiple camera system,² and vehicle sensors which work in conjunction with a traffic control signal and is capable of producing:

a. high resolution color digital recorded images that show: (1) the traffic control signal while it is displaying a red light; (2) a motor vehicle unlawfully ²[in] entering and continuing through² the intersection while the traffic control signal is displaying a red light; and (3) a portion of the rear of the motor vehicle unlawfully in the intersection sufficient to clearly reveal the vehicle’s license plate and the make and model of the vehicle ²[; provided, however, that the license plate image used to issue a summons ¹[or notice to appear]¹ for a violation shall be extracted as a sub-image obtained entirely from an original scene image captured at the same time from the same camera]²; and

b. a video recording of the violation ²that shows the violation occurring².

A digital camera may be used as part of a traffic control signal monitoring system provided the violation images are captured by a ²[single,]² digital camera ²[unit] , or a multiple camera system,² which produces a set of ²at least² two images for each violation. At least one of the ²[two]² digital color images shall contain the following: (1) the scene of the location where the violation occurred; (2) the violating motor vehicle; (3) ²[sufficient resolution to show a cropped, close-up view of the rear license plate which shall be extracted from one of the two original images and shall not be captured by a separate image capturing device; (4)]² the license plate numbers, letters ²,² and issuing jurisdiction ²[shall be identified from one of the two original images and may not be identified through the use of a separate image capturing device]²; ²[(5)] (4)² the day, month ²,² and year of the violation; ²[(6)] (5)² the time of the violation in hours, minutes ²,² and seconds; ²[(7)] (6)² the amount of time that had passed between the time the light turned red and the violation occurred; and ²[(8)] (7)² the frame sequence ²[number] code². This information shall be imprinted along the bottom or top edge of the image frame so as not to obstruct the violation image.

¹[3. a. Notwithstanding the provisions of P.L.1992, c.91 (C.39:4-103.1), the governing body of any county, by ordinance or resolution, as appropriate, may determine to install and utilize a traffic control signal monitoring system to facilitate the enforcement of the provisions of chapter 4 of Title 39 of the Revised Statutes relating to the lawful observance of traffic control signals governing the flow of traffic at intersections under their particular jurisdiction.

b. Notwithstanding the provisions of P.L.1992, c.91 (C.39:4-103.1), the governing body of any municipality, by ordinance, may determine to install and utilize a traffic control signal monitoring system to facilitate the enforcement of the provisions of chapter 4 of Title 39 of the Revised Statutes relating to the lawful observance of traffic control signals governing the flow of traffic at intersections under their particular jurisdiction.

c. A traffic control signal monitoring system installed and utilized pursuant to this section shall be of a type approved by the Chief Administrator of the Motor Vehicle Commission, after consultation with the Superintendent of State Police.

d. In any county or municipality where the governing body has authorized the installation and use of a traffic control signal monitoring system pursuant to this section, a sign notifying drivers that such a monitoring system is being utilized shall be placed on each street converging into the affected intersection. The sign shall be of a design and shall be placed in accordance with specifications issued by the Commissioner of Transportation. The specifications so issued shall conform with the uniform system set forth in the “Manual on Uniform Traffic Control Devices for Streets and Highways.”]¹

¹3. a. The Commissioner of Transportation shall establish a ²five-year² pilot program to determine the effectiveness of the installation and utilization of traffic control signal monitoring systems in this State. A municipality desiring to participate in the program shall submit an application to the Commissioner of Transportation. The application shall include:

(1) The intersection or intersections in the municipality at which it is desired to install and utilize a traffic control signal monitoring system;

(2) Data which indicate that the intersection or intersections in question have a high number of violations of the traffic control signals, and any additional safety data the municipality deems appropriate;

(3) A certification by the municipal engineer that (a) the intersection or intersections in question have a minimum duration of the amber light at the traffic control signal of three seconds if at least 85 percent of the vehicular traffic approaching the signal is traveling at a speed of 25 miles per hour or less; and (b) for each five mile increase in the speed of vehicular traffic referred to in subparagraph (a) of this paragraph above 30 miles per hour this minimum duration of the amber light shall be increased by one-half second.

(4) Such other information as the Commissioner of Transportation may require.

The commissioner may approve ²[no more than two of the] as many² municipalities making application ²as he deems appropriate,² and shall indicate which of the intersections in those applications are approved for the installation and utilization of traffic control signal monitoring systems.

b. Notwithstanding the provisions of P.L.1992, c.91 (C.39:4-103.1 et seq.), the governing body of a municipality, by ordinance, may determine to install and utilize a traffic control signal monitoring system to facilitate the lawful observance of and compliance with traffic control signals governing the flow of traffic at intersections under its jurisdiction approved by the Commissioner of Transportation pursuant to subsection a. of this section.

c. A traffic control signal monitoring system installed and utilized pursuant to this section shall be of a type approved by the governing body of the municipality.

d. In any municipality where the governing body has authorized the installation and use of a traffic control signal monitoring system pursuant to subsection b. of this section, a sign notifying drivers that such a monitoring system is being utilized shall be placed on each street converging into the affected intersection. The sign shall be of a design and ²[shall be]² placed in accordance with specifications approved by the municipal engineer. The specifications so approved shall conform with the uniform system set forth in the "Manual on Uniform Traffic Control Devices for Streets and Highways."

e. A traffic control signal monitoring system shall be inspected and certified at least once every ²[two] six² months by the ²[municipality] municipal engineer² from the date of its installation ²[for a period of one year] for the duration of the five-year pilot program prescribed by P.L. , c. (C. ) (pending before the Legislature as this bill)² .¹

¹[4. a. A summons or notice to appear alleging a traffic control signal violation issued pursuant to a traffic control signal monitoring system shall be a uniform traffic ticket in the form prescribed by the Administrative Director of the Courts and shall contain information advising the owner of the vehicle of the manner in which and the time within which an answer to the offense alleged is required. The summons or notice to appear also shall advise that penalties may result from a failure to answer, that the failure to answer or appear shall be considered an admission of liability, and that a default judgment may be entered against the owner of the motor vehicle.

b. A summons or notice to appear alleging a traffic control signal violation issued pursuant to a traffic control signal monitoring system shall be mailed to the registered owner of the motor vehicle and shall contain sufficient information to inform the owner of the date, time and location of the alleged offense, and the amount of fines, penalties and costs due. Recorded images of the alleged violation shall accompany the summons or notice to appear.

c. If a summons or notice to appear is mailed to the registered owner at the address appearing on the records of the motor vehicle commission, the failure to receive the notice shall not be considered a defense unless the owner can prove that the commission was advised of the owner's correct address prior to the date of the traffic control signal violation.

A failure to comply to a summons or notice to appear by a person who is the holder of a driver’s license issued by another jurisdiction shall be reported to that jurisdiction in accordance with the provisions of the “Nonresident Violator Compact,” P.L.1983, c.46 (C.39:5F-1 et seq.).]¹

¹[5.] 4.¹ a. ²In 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 officialshall determine whether there is sufficient evidence to conclude that a traffic control signal violation has occurred and shall issue a summons where it is deemed appropriate.² ¹A traffic control signal violation summons issued pursuant to a traffic control signal monitoring system established in accordance with this act shall be ²[sent by certified mail, return receipt requested, or by personal service to the owner of the motor vehicle within 30 days of the date of violation] 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. , c. (C. ) (pending before the Legislature as this bill). 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 40 business days, all recorded images and information collected pertaining to that alleged violation shall be purged within two business days. 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. , c. (C. ) (pending before the Legislature as this bill)².

b.¹ Except as provided in subsection ¹[b.] c.¹ of this section, the owner and operator shall be jointly liable for a traffic control signal violation summons ¹[or notice to appear]¹ 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.

¹[b] c.¹. The owner of a motor vehicle who is a lessor shall not be liable for a traffic control signal violation summons ¹[or notice to appear]¹ 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 ²[a notarized statement] an affidavit² of the name and address of the lessee. The ²[notarized statement] affidavit² 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.

²d. 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. It shall not be a defense to any traffic control signal violation that the signs required to be posted pursuant to subsection c. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), notifying drivers that a traffic control signal monitoring system is being utilized, are not posted or are improperly posted.²

¹[6. a. With respect to residents of New Jersey, the municipal court shall immediately upon expiration of the time to answer or appear, follow the procedures set forth in R. 7:8-9 of the Rules Governing the Courts of the State of New Jersey. These procedures include the mailing of a notice of offense or a failure to appear notice to defendant. That notice shall be on a form approved by the Administrative Director of the Courts and shall inform the defendant of the traffic control signal violation; the time and date of the offense; the amount of fines, penalties and costs due; of his right to have a hearing; that a civil judgment may be entered against him for failure to appear or pay the amount due; and that his driver's license may be suspended; that his driving privileges may be revoked; and that a warrant may be issued for his arrest.

b. In the case of a nonresident, the procedures set forth in R. 7:8-9 of the Rules Governing the Courts of the State of New Jersey shall be followed.

c. The notices authorized under subsection a. and b. of this section shall include a recorded image of the alleged violation.]¹

¹[7. a. In answer to a summons or notice to appear alleging a traffic control signal violation issued pursuant to a traffic control signal monitoring system authorized under this act or a failure to appear notice, a person to whom a traffic control signal violation summons or notice to appear, or a failure to appear notice was issued may:

(1) Admit the commission of the offense by payment of the fine and penalty due; or

(2) Deny liability and appear in court in accordance with the instructions on the summons or as otherwise as provided by court rule.

b. A person to whom a traffic control signal violation summons or notice to appear, or a failure to appear notice, was issued may answer by personal appearance, by mail or in accordance with any other instructions on the summons.

c. A person who admits the commission of a traffic control signal violation shall, at the same time he submits his answer, pay the civil fine and any additional penalties established pursuant to local ordinance or regulation, which may be due for failure to answer within the time required.]¹

¹[8. a. Recorded images of the offense and a video recording of the violation shall be made available to the court. No law enforcement officer shall be required to appear at the hearing of a case unless so required by the court. Evidence other than the recorded image of the offense, the video recording of the violation and information from the motor vehicle commission identifying the owner of the vehicle need not be submitted to the court.

Such documentation, in proper form, shall constitute a permissive inference that the registered owner of the vehicle that was involved in the traffic control signal violation was the person operating the vehicle at the time of the violation; provided, however, if the vehicle is owned by a rental car company or is a leased vehicle, there shall be a permissive inference that the renter or authorized driver pursuant to a rental car contract or the lessee, and not the owner of the vehicle, was the person operating the vehicle at the time of the violation.

It shall not be a defense that a sign notifying drivers that the governing body has authorized the installation and use of a traffic control signal monitoring system pursuant to this act was not posted, improperly posted, wrongfully removed or stolen, or that signs or devices were not placed in compliance with the most current “Manual on Uniform Traffic Control Devices for Streets and Highways.”

b. If a person to whom a failure to appear notice has been issued fails to answer or fails to appear at a hearing when he is required to do so, or, having admitted commission of the traffic control signal offense, fails to pay the fine and penalties assessed by the court, the court may, in addition to all other remedies and penalties currently available to the court for failure to appear, enter a judgment by default sustaining the charges, fix the appropriate fine and assess appropriate penalties and costs, if any.

c. A judgment by default may be vacated by the court within one year after its entry only upon written application setting forth both a sufficient defense to the charge and an excusable neglect as to the respondent's failure to attend the hearing. If a failure to appear notice was mailed to the registered owner at the address appearing on the records of the motor vehicle commission, the failure to receive the notice shall not be considered a defense unless the owner can prove that the commission was advised of the owner's correct address prior to the date of the traffic control signal violation.

d. If payment is not made within 10 days after entry of a default judgment for a traffic control signal violation, the order of the court may be filed in the office of the clerk of the Superior Court and, when filed, shall have the effect of a civil money judgment. Judgments for traffic control signal violations rendered pursuant to this section shall be maintained in a separate judgment roll from other civil judgments. Execution may be levied and other measures may be taken for the collection of the judgment which are authorized for the collection of an unpaid civil judgment. The court may assess costs against a judgment debtor, not to exceed $25 for each violation, to be paid upon satisfaction of the judgment.

e. If a notice of appeal is filed by the person against whom judgment is entered within 10 days after entry of the judgment and the payment of costs which the court shall require, a hearing de novo shall be held in accordance with the rules of the court. Service of a notice of appeal shall not stay the enforcement of a judgment appealed from unless the appellant shall have posted a bond in the amount of the judgment plus court costs at or before service of the notice of appeal.

f. A default judgment under this act may be filed by the court at any time within three years after the summons or notice to appear for the traffic control signal violation was issued.]¹

¹[9. a. If a person has failed to respond to a failure to appear notice or has failed to pay a judgment for a traffic control signal violation rendered pursuant to this act, the municipal court may give notice of that fact to the motor vehicle commission in a manner prescribed by the chief administrator. If notice has been given under this section of a person's failure to respond to a failure to appear notice or to pay a judgment for a traffic control signal violation rendered pursuant to this act and if the fines and penalties are paid or if the case is dismissed or otherwise disposed of, the municipal court shall promptly give notice to that effect to the motor vehicle commission.

b. The judge or the motor vehicle commission may suspend the driver's license of an owner, lessee, or operator who has not answered or appeared in response to a failure to appear notice or has not paid or otherwise satisfied outstanding fines or penalties for a traffic control signal violation. If an owner, lessee or operator has been found guilty of a traffic control signal violation, the court shall provide notice and an opportunity to appear before a judge prior to suspending that person's driver's license. If the owner, lessee or operator is found by the court to be indigent or is participating in a government-based income maintenance program, that person shall be permitted to pay the fine and other penalties associated with the traffic control signal violation in installments in accordance with section 1 of P.L.1981, c.365 (C.39:4-203.1).

c. The motor vehicle commission shall keep a record of a suspension ordered by the court pursuant to subsection b. of this section]¹.

¹[10. a. When a person whose license has been suspended pursuant to subsection b. of section 9 of this act satisfies the fines and any penalties imposed by the court, the court shall forward to the motor vehicle commission a notice to restore the person's driver's license.

b. Upon receiving a notice to restore pursuant to subsection a. of this section, the motor vehicle commission shall record the restoration and notify the person of the restoration]¹.

²[¹[11] 5.¹ There shall be included in the fines and penalties imposed by the court on a person whose license has been suspended pursuant to ¹[subsection b. of section 9] a violation¹ of this act a fee of $3 which shall be transferred by the court to the ¹[motor vehicle commission. All fees so transferred shall be deposited in a fund established to effectuate the purposes of this act] municipality within which the violation occurred¹.]²

¹[12.] ²[6.¹] 5.² The ¹[Commission] Commissioner¹ of Transportation, ¹the Chief Administrator of the Motor Vehicle Commission, and the Superintendent of the State Police ²[,¹ working ¹as needed¹ in conjunction with the Administrative Office of the Courts,]² ¹[shall] may¹, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations to effectuate the purposes of this act. ²The Supreme Court of New Jersey may adopt Rules of Court appropriate or necessary to effectuate the purposes of this act.²

¹[7.] ²[(New section)] 6.² The municipalities whose applications have been approved for the pilot program established pursuant to this act shall submit reports ²every 12 months after a traffic control signal monitoring system has been installed² to the Commissioner of Transportation detailing increases or decreases in violations and accidents at intersections where traffic control signal monitoring systems have been installed. ²[Not later than 18 months after the installation of such systems, the] The² Commissioner of Transportation shall prepare and submit ²[a] an annual² report to the Governor, the President of the Senate, the Speaker of the General Assembly, and the Senate Transportation Committee and the Assembly Transportation and Public Works Committee or their successor committees describing the pilot program developed pursuant to this act, including accident and violation information reported by the affected municipalities ²[, evaluating the program’s effectiveness, and discussing its extension to other intersections in the State]² .^{1 2}The first such report shall be submitted no later than one year after the installation of the first traffic control signal monitoring system authorized pursuant to this act. 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 fifth and 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 to other intersections in the State, and any other information relevant to the report.²

¹[13.] ²[8.¹] 7.² This act shall take effect ²[on the first day of the seventh month] ninety days² following enactment ²and shall expire upon the submission of the Commissioner of Transportation’s fifth and final report to the appropriate parties pursuant to section 6 of this act².