Bill Text: NJ A1061 | 2010-2011 | Regular Session | Introduced
Bill Title: Authorizes use of automated motor vehicle identification systems to enforce motor vehicle laws on certain local streets.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced - Dead) 2011-03-07 - Reported out of Assembly Committee, 2nd Reading [A1061 Detail]
Download: New_Jersey-2010-A1061-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Mercer)
Assemblywoman BONNIE WATSON COLEMAN
District 15 (Mercer)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Co-Sponsored by:
Assemblyman Diegnan, Assemblywoman Oliver, Assemblyman Holzapfel, Assemblywoman Quigley, Assemblyman Chivukula, Assemblywoman Lampitt and Assemblyman Albano
SYNOPSIS
Authorizes use of automated motor vehicle identification systems to enforce motor vehicle laws on certain local streets.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the use of automated motor vehicle identification systems to enforce certain motor vehicle laws and amending and supplementing P.L.1992, c.91(C.39:4-103.1).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1992. c.91 (C.39:4-103.1) is amended to read as follows:
1. a. [Notwithstanding any law, rule or regulation to the contrary] Except as otherwise provided in section 2 of P.L. , c. (C. )(pending before the Legislature as this bill), a law enforcement officer or agency shall not use [photo radar] an automated motor vehicle identification system to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes.
b. As used in this act, ["photo radar"] "automated motor vehicle identification system" 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] system whereby:
(1) a machine is used to automatically detect a violation of a provision of chapter 4 of Title 39 of the Revised Statutes and simultaneously record a photograph or image of the motor vehicle and the license plate of the motor vehicle; and
(2) a penalty assessment notice or summons and complaint is issued to the registered owner of the motor vehicle.
(cf: P.L.1992, c.91, s.1)
2. (New section) a. The governing body of any municipality, at its discretion and by ordinance, may authorize its law enforcement agency to use an automated motor vehicle identification system to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes on the municipal streets under its jurisdiction where it can document that fatal accidents or a high number of traffic infractions have occurred.
b. The governing body of any county, at its discretion and by ordinance or resolution, as appropriate, may authorize its law enforcement agency to use an automated motor vehicle identification system to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes on the county streets under its jurisdiction where it can document that fatal accidents or a high number of traffic infractions have occurred.
c. The governing body of
any county, at its discretion and
by
ordinance or resolution, as appropriate, may authorize the municipal law
enforcement agencies within the territorial jurisdiction of the county to use
an automated motor vehicle identification system to enforce the provisions of
chapter 4 of Title 39 of the Revised Statutes on the county roads within their
particular jurisdictions where it can document that fatal accidents or a high
number of traffic infractions have occurred; provided, however, that no
such municipal law enforcement agency shall exercise any such authority on any
county street unless the governing body of that municipality:
(1) has afforded its law enforcement agency the authority to use an automated motor vehicle identification system to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes on the municipal streets under its jurisdiction pursuant to subsection a. of this section and
(2) has, by resolution, notified the governing body of the county that its municipal law enforcement agency is thereby authorized to use an automated motor vehicle identification system to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes on the county roads within their particular jurisdictions
d. The governing body of any municipality or county which, pursuant to this section, authorizes the use of an automated motor vehicle identification system to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes on the streets under its jurisdiction shall erect signs so notifying motor vehicle operators. The signs shall:
(1) Conform to the current standards prescribed by the Manual of Uniform Traffic Control Devices for Streets and Highways;
(2) Be placed in a manner prescribed by the Commissioner of Transportation; and
(3) Initially be erected no less than seven calendar days prior to the date on which an automated motor vehicle identification system is first used to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes on the streets under that municipality or county's jurisdiction.
e. No person shall be convicted of a violation of R.S.39:4-98 as detected by an automated motor vehicle identification system if the person has exceeded the speed limit by eight miles per hour or less.
3. a. A person who is convicted of a violation of a provision of chapter 4 of Title 39 of the Revised Statutes based on detection by an automated motor vehicle identification system as authorized in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be fined not less than $54 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
b. Notwithstanding the provisions of R.S.39:5-41, all monies collected under subsection a. of this section shall be used by the municipality or county, as appropriate, to promote traffic safety, prosecute violators of this State's traffic laws, and defray associated court costs.
4. There shall be a permissive inference that a registered owner of a motor vehicle involved in a violation of a provision of chapter 4 of Title 39 of the Revised Statutes as detected by an automated motor vehicle identification system is the person who committed the violation. The inference may be rebutted if the registered owner provides identifying information, including name and address, of the violator.
5. A charge for a violation of a provision of chapter 4 of Title 39 of the Revised Statutes based on detection by an automated motor vehicle identification system as authorized in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be administratively dismissed without good cause.
6. This act shall take effect of the first day of the fourth month following enactment.
STATEMENT
The bill amends P.L.1992, c.91 (C.39:4-103.1) to permit counties and municipalities, at their discretion, to authorize their police departments to use "automated motor vehicle identification systems" to enforce the State's traffic regulations on the streets under their particular jurisdictions. For example, such systems could be installed at intersections where there is a high incidence of traffic accidents or infractions.
Under the bill, an automated motor vehicle identification system is defined as system whereby (1) a machine is used to automatically detect a violation of a provision of chapter 4 of Title 39 of the Revised Statutes and simultaneously record a photograph or image of the motor vehicle, and the license plate of the motor vehicle; and (2) a penalty assessment notice or summons and complaint is issued to the registered owner of the motor vehicle.
Current law prohibits the use of "photo radar" to enforce speed limits. "Photo radar" is defined as 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. The bill would change this law to allow the use of automated motor vehicle identification systems to more broadly enforce traffic regulations, including, but not limited to speed limit laws and laws regarding traffic signals.
Under the provisions of the bill, the governing body of a municipality by ordinance and the governing body of a county by ordinance or resolution, as appropriate for the county's particular form of government, may authorize their police departments to use automated motor vehicle identification systems to enforce traffic regulations on the streets under their jurisdiction, where it can document that fatal accidents or a high number of traffic infractions have occurred.
The bill also permits the governing body of a county to authorize municipal police departments within the county to use automated motor vehicle identification systems to enforce the motor vehicle laws on the county streets within their particular municipal jurisdictions if: (1) the municipal police department is authorized to use automated motor vehicle identification systems on the municipal streets within their jurisdictions and (2) the municipal governing body has adopted a resolution notifying the county that its municipal police department will be participating in the program.
The bill requires authorizing municipalities to erect signs to alert motor vehicle operators that their police departments are using automated motor vehicle identification systems for law enforcement purposes. The bill specifies that these signs must conform to the current national guidelines for traffic signs, be in accordance with the Commissioner of Transportation's directives and be erected at least seven days before the police begin using automated motor vehicle identification systems for law enforcement purposes. In addition, no person can be convicted of speeding through the use of an automated motor vehicle identification system if the person has exceeded the speed limit by eight miles per hour or less.
Violators who are detected by an automated motor vehicle identification system would be fined at least $54 for each offense, but would not be assessed any motor vehicle penalty points. The fines would be used exclusively by the county or municipality to promote traffic safety, prosecute traffic violations, and for court costs.
The bill also establishes a permissive inference that a registered owner of a motor vehicle involved in a traffic violation detected by an automated motor vehicle identification system is the person who committed the violation. The inference may be rebutted if the registered owner provides identifying information, including name and address, of the actual violator.
Finally, the bill specifies that a charge based on detection by an automated motor vehicle identification system cannot be administratively dismissed without good cause.
