Bill Text: NJ A212 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes safety zone speed control device pilot program.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Transportation, Public Works and Independent Authorities Committee [A212 Detail]
Download: New_Jersey-2012-A212-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
SYNOPSIS
Establishes safety zone speed control device pilot program.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning speed control devices, amending P.L.1992, c.91 and supplementing Title 39 of the Revised Statutes.
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 provided by sections 2 through 9 of P.L. , c. (C. ) (pending before the Legislature as this bill), a law enforcement officer or agency shall not use photo radar to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes.
b. As used in this act, "photo radar" 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.
(cf: P.L.1992, c.91, s.1)
2. (New section) The Legislature finds:
Excessive speeding in school zones and in areas of road construction or repair increases the likelihood of accidents that endanger the safety and well-being of motor vehicle occupants, pedestrians, school children, and workmen.
The installation and use of speed control devices in school zones and in areas of road construction or repair to complement the efforts of local law enforcement could serve as an effective tool in encouraging drivers to obey speed limits in school zones and in areas of road construction or repair, facilitating the flow of traffic, and protecting the safety and well-being of motor vehicle occupants, pedestrians, school children, and workmen.
The Legislature, therefore, declares:
It is altogether fitting and proper, and within the public interest, to require the Commissioner of Transportation to establish a pilot program to determine the effectiveness of the installation and utilization of speed control devices in school zones and in areas of road construction or repair in this State and to approve applications from municipalities and counties where such systems and devices may be installed.
3. (New section) As used in this act:
"Area of road construction or
repair" means that segment of a
road that is identified by properly posted traffic control devices or signs as
undergoing a construction, reconstruction, repair, or maintenance operation.
An area of road construction or repair shall consist of that area between the first
traffic control device or sign informing motor vehicle operators of the
approaching road construction or repair and the last traffic control device or
sign indicating all restrictions are removed and normal motor vehicle
operations may resume.
"Recorded image" means a digital image recorded by a safety zone speed control device.
"Road" means any street or highway under the jurisdiction of the State Department of Transportation, a county, or a municipality.
"Safety zone" means a school zone or an area of road construction or repair.
"Safety zone speed control device" means an integrated system or device utilizing a camera, or a multiple camera system, and vehicle sensors that is capable of producing:
a. high resolution color digital recorded images or a digital video recording of the alleged violation that shows: (1) a motor vehicle traveling at or above a predetermined speed within a safety zone; and (2) a portion of the rear of the motor vehicle sufficient to clearly reveal the vehicle's license plate number and the make and model of the vehicle; and
b. embedded in the frame of the high resolution digital recorded image or digital video recording supplementary data about the alleged speeding violation including: (1) a unique identifying description of the location where the alleged violation occurred; (2) the month, day, and year of the alleged violation; (3) the time of the alleged violation in hours, minutes, and seconds; and (4) the speed at which the motor vehicle was traveling when the alleged violation occurred.
"Safety zone speed control device operator" means an individual who has been trained and certified to operate a safety zone speed control device and who is a State or local law enforcement officer, an employee of the Department of Transportation, or a contractor of the Department of Transportation or a county or municipality.
"School zone" shall have the meaning ascribed in R.S.39:1-1.
"Summons" means a citation alleging a violation of a posted speed limit.
4. (New section) a. The Commissioner of Transportation shall establish a five-year pilot program to determine the effectiveness of the installation and utilization of safety zone speed control devices in this State. A county or municipality desiring to participate in the program shall submit an application to the Commissioner of Transportation. The application shall include:
(1) The safety zone in the county or municipality at which it is desired to install and utilize a safety zone speed control device;
(2) Data which indicate that the safety zone or zones in question have a high number of violations of the posted speed limit, and any additional safety data the county or municipality deems appropriate;
(3) A municipality shall submit a signed contract from the governing body of the county authorizing the use and placement of safety zone speed control devices; and
(4) Such other information as the Commissioner of Transportation may require.
The commissioner may approve as many counties and municipalities making applications as he deems appropriate, and shall indicate which of the safety zones in those applications are approved for the installation and utilization of safety zone speed control devices. The commissioner shall establish guidelines for the usage and operation of safety zone speed control devices.
b. Notwithstanding the provisions of P.L.1992, c.91 (C.39:4-103.1), the governing body of a county or municipality, by ordinance, may determine to install and utilize a safety zone speed control device in safety zones under its jurisdiction approved by the Commissioner of Transportation pursuant to subsection a. of this section.
c. A safety zone speed control device installed and utilized pursuant to this section shall be of a type approved by the governing body of the county or municipality.
d. Notwithstanding the provisions of R.S.39:4-98 or section 1 of P.L.1981, c.237 (C.39:4-98.2), the governing body of a county or municipality is authorized to establish the maximum speed limit through any school zone, or a temporary reduction in the maximum speed limit through any area of road construction or repair, in its jurisdiction, without conducting an engineering and traffic investigation; provided, however, that the governing body of the county or municipality shall notify the Commissioner of Transportation of the affected streets or highways no less than seven days before any reduced speed limit takes effect.
e. In any county or municipality where the governing body has authorized the installation and use of a safety zone speed control device pursuant to subsection b. of this section, a sign shall be placed at the beginning point of the safety zone notifying drivers of the speed limit to be observed therein and that a safety zone speed control device is being utilized. The sign shall be of a design and placed in accordance with specifications approved by the county or municipal engineer. The specifications so approved shall conform to the uniform system set forth in the "Manual on Uniform Traffic Control Devices for Streets and Highways." Any existing signs conflicting with signs placed pursuant to this subsection shall be removed, covered, folded, or turned so as not to be readable by oncoming motorists.
f. A safety zone speed control device operator shall complete training offered by the manufacturer of the safety zone speed control device or the manufacturer's representative in the procedures for setting up, testing, and operating a safety zone speed control device. Upon completion of the training, the manufacturer or manufacturer's representative shall issue a signed certificate to the safety zone speed control device operator, which shall be admitted as evidence in any court proceeding for a violation involving a safety zone speed control device. A safety zone speed control device operator shall fill out and sign a daily log for a safety zone speed control device that: (1) states the date, time, and location of the device setup; (2) states that the safety zone speed control device operator successfully performed, and the safety zone speed control device, passed, the self-tests specified by the manufacturer of the safety zone speed control device; (3) shall be kept on file; and (4) shall be admitted in any court proceeding for a violation involving a safety zone speed control device. A safety zone speed control device shall undergo an annual calibration check performed by a calibration laboratory. The calibration laboratory shall issue a signed certificate of calibration after the annual calibration check, which shall be kept on file and shall be admitted as evidence in any proceeding for a violation involving a safety zone speed control device.
g. In any county or municipality in which the governing body has authorized the installation and use of a safety zone speed control device pursuant to subsection b. of this section, a vendor contracting with that county or municipality concerning the installation and use of such system shall establish a public awareness campaign to notify the public of the school zone or area of road construction or repair in which the safety zone speed control device will be utilized, and the date on which the system will be activated. The public awareness campaign shall, at a minimum, utilize electronic and print media and shall make available electronically on an Internet website the information required under this subsection.
5. (New section) a. In any county or municipality where the governing body has authorized the installation and use of a safety zone speed control device, a law enforcement official of such municipality shall review the recorded images produced by the safety zone speed control device. In conducting such review, the law enforcement official shall determine whether there is sufficient evidence to conclude that a speeding violation has occurred and shall issue, within 30 days from the date on which the violation occurred, a summons where it is deemed appropriate. A speeding violation summons issued pursuant to a safety zone speed control device established in accordance with this act shall be 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 safety zone speed control device shall be available for the exclusive use of any law enforcement official for the purposes of discharging the official's duties pursuant to this act. Any recorded image or information produced in connection with a safety zone speed control device 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 speeding violation; provided, however, that the person to whom a summons has been issued pursuant to this subsection shall be entitled to inspect the recorded images reviewed by the law enforcement official in determining that a speeding violation has occurred.
Any recorded image or information produced in connection with the safety zone speed control device 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 speeding violation within 30 days, all recorded images and information collected pertaining to that alleged violation shall be purged within three days. Any county or municipality operating a safety zone speed control device shall certify compliance with this subsection in the report required to be filed with the Commissioner of Transportation pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Except as provided in subsection c. of this section, the owner and operator of the motor vehicle shall be jointly liable for a speeding violation summons issued pursuant to a safety zone speed control device 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 speeding violation issued pursuant to a safety zone speed control device shall have the right to recover that sum from the operator in a court of competent jurisdiction.
c. The owner of a motor vehicle who is a lessor shall not be liable for a speeding violation summons 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 speeding 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 an affidavit of the name and address of the lessee. The affidavit 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.
d. 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.
6. (New section) a. Notwithstanding the provisions of R.S.39:5-41, in the case of a speeding violation which was captured by a safety zone speed control device installed pursuant to this act, the full amount of a fine assessed by a municipal court shall be paid to the financial officer of the municipality in which the offense occurred, unless the governing body of the county has elected to pay one-half of the cost of the installation, maintenance, and administration of safety zone speed control device, in which case, one-half of the fine amount shall be distributed to the financial officer of the county where the offense occurred. Any change in this distribution of revenue shall be applicable only to fines attributable to complaints filed with the municipal court after the date on which applicable notice under subsection b. of this section shall have been received by the Administrative Office of the Courts.
b. A municipality that has installed a traffic control signal monitoring system shall notify the Administrative Office of the Courts when the governing body of a county has agreed to participate in a safety zone speed control device program within its jurisdiction. Such notice shall be applicable to any speeding violation which shall have been captured by a safety zone speed control device within the municipality's jurisdiction.
7. (New section) The Commissioner of Transportation, the Chief Administrator of the Motor Vehicle Commission, and the Superintendent of the State Police may, 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. The Supreme Court of New Jersey may adopt Rules of Court appropriate or necessary to effectuate the purposes of this act.
8. (New section) The counties and municipalities whose applications have been approved for the pilot program established pursuant to this act shall submit reports every 12 months after a safety zone speed control device has been installed to the Commissioner of Transportation detailing increases or decreases in violations and accidents in safety zones where safety zone speed control devices have been installed. The Commissioner of Transportation shall prepare and submit an annual 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 counties and municipalities. The first such report shall be submitted no later than one year after the installation of the first safety zone speed control device authorized pursuant to this act. Thereafter, subsequent reports shall be submitted annually for the duration of the five-year pilot program prescribed by this act, 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 safety zones in the State, and any other information relevant to the report.
9. This act shall take effect 90 days following enactment and shall expire upon the submission of the Commissioner of Transportation's final report to the appropriate parties pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill).
STATEMENT
This bill would authorize the Commissioner of Transportation to establish a five-year pilot program to determine the effectiveness of safety zone speed control devices in this State. Safety zones are defined to include school zones and areas of road construction or repair. Counties and municipalities would apply to the commissioner for approval of safety zones under their jurisdiction. The municipalities would supply data to the commissioner indicating that the safety zones in question have a high number of speeding violations.
Under the provisions of the bill, county and municipal governing bodies would be permitted to install safety zone speed control devices at those safety zones approved by the commissioner upon the adoption of an ordinance.
These devices, which must be of a type approved by the county or municipal governing body, must be capable of providing high resolution color digital recorded images or digital video of motor vehicles that are in violation of the posted speed limit. The images must display the rear of the vehicle sufficient to clearly reveal the vehicle's license plate and make and model.
The devices would be operated by a speed control device operator trained by the manufacturer, or the manufacturer's representative, who would be responsible for setting up, testing, and operating the device. A calibration laboratory would annually check the devices for accuracy.
The bill would require the county or municipality to post signs and conduct a public awareness campaign warning motorists that a safety zone speed control device is in use.
Alleged violations would be reviewed by a law enforcement officer before a summons could be issued. Both the owner and operator of the vehicle would be jointly liable for a violation. The owner, however, would not be liable if the owner can show the vehicle was used without his consent, express or implied. Upon providing the name and address of the lessee or renter of the vehicle at the time of the violation, the lessor of a motor vehicle or rental agency would also be free of any liability.
