New Jersey-2014-A1138-Introduced

An Act concerning traffic control signal monitoring system violations and supplementing P.L.2007, c.348.

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

1. a. A municipality in which the governing body has authorized the installation and use of a traffic control signal monitoring system pursuant to subsection b. of section 3 of P.L.2007, c.348 (C.39:4-8.14), shall designate in writing an employee in the municipal prosecutor's office who shall be authorized to: (1) review documentation submitted, pursuant to subsection b. of this section, which is intended to demonstrate that a summons issued pursuant to the provisions of P.L.2007, c.348 (C.39:4-8.12 et seq.) was issued in error; and (2) dismiss the summons if the person issued the summons pursuant to the provisions of P.L.2007, c.348 (C.39:4-8.12 et seq.) provides documentation, as required pursuant to subsection b. of this section, demonstrating that the summons was issued in error.

b. If a summons is issued by a law enforcement officer pursuant to the provisions of P.L.2007, c.348 (C.39:4-8.12 et seq.) to the owner of a vehicle, and the owner of that vehicle can provide to the employee designated pursuant to subsection a. of this section a valid motor vehicle registration card issued by the New Jersey Motor Vehicle Commission demonstrating that the owner's vehicle is not the same vehicle as the vehicle captured in the recorded image, then the employee designated in subsection a. of this section shall dismiss the summons and the vehicle owner shall not be assessed court costs. The vehicle owner shall be permitted to submit such documentation through the mail and shall not be required to appear in person to have the documentation reviewed.

c. The review of the submitted documentation provided pursuant to subsection b. of this section shall be completed within 14 days of receipt, and the owner of the vehicle shall be notified in writing of the decision as soon as practicable after the review is completed.

d. The employee designated pursuant to subsection a. of this section shall not be authorized to: (1) review other forms of documentation including, but not limited to, documentation intended to show that the owner of the vehicle was not operating the vehicle at the time the recorded image was captured; or (2) dismiss charges other than those issued pursuant to the provisions of P.L.2007, c.348 (C.39:4-8.12 et seq.).

e. A municipality shall provide written notice to the Commissioner of Transportation of the name, title, and contact information, including electronic mail address, phone number, and mailing address, of the person designated pursuant to subsection a. of this section within 30 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and within seven days of any change thereafter in the person designated.

2. The Administrative Office of the Courts shall establish procedures for the review and dismissal of charges as is authorized pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

3. This act shall take effect immediately.

STATEMENT

This bill requires a municipality that has authorized the installation and use of a traffic control signal monitoring system (red light camera) to designate in writing an employee in the municipal prosecutor's office to review certain documentation submitted to demonstrate that a summons was issued in error and to dismiss the summons if the documentation demonstrates that the summons was issued in error. Under the bill, sufficient documentation is a valid motor vehicle registration card issued by the New Jersey Motor Vehicle Commission demonstrating that the owner's vehicle is not the same vehicle as the vehicle pictured in the red light camera's recorded image.

A vehicle owner issued a summons for a violation captured by a red light camera is permitted to submit documentation through the mail and is not required to appear in person to have the documentation reviewed. The designated employee is to review the documentation within 14 days of receipt and to provide the vehicle owner with a written response as soon as it practicable thereafter. The bill provides that if the summons is dismissed subsequent to the review, the owner will not be assessed any court costs.

The bill specifically prohibits the designated employee from reviewing documentation intending to show that the owner of the vehicle was not operating the vehicle at the time the recorded image was taken and from dismissing charges other than those issued pursuant to the red light camera pilot program.

Finally, the bill requires the municipality to notify the Commissioner of Transportation in writing of the name, title, and contact information of the employee designated from the prosecutor's office within 30 days of the bill's effective date and seven days of any change thereafter in the designee.

Since the implementation of the red light camera pilot program in December 2009, there have been several reported incidents in which a person was issued a red light camera citation in error because the vehicle was misidentified by law enforcement issuing the summons. This bill is intended to provide relief to those people who are issued erroneous tickets for red light camera violations, saving them from having to pay court costs and having to take a day off from work to fight the erroneous tickets.