Bill Text: NJ A4585 | 2014-2015 | Regular Session | Introduced
Bill Title: Establishes right to contest accuracy of parking meter.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-06-22 - Introduced, Referred to Assembly State and Local Government Committee [A4585 Detail]
Download: New_Jersey-2014-A4585-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Establishes right to contest accuracy of parking meter.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the accuracy of parking meters, supplementing and amending P.L.1985, c.14
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. A person issued a parking ticket at a parking meter who believes the parking meter to be inaccurate may contest the accuracy of the parking meter by notifying the court where the case is pending in accordance with procedures prescribed by the Administrative Director of the Courts pursuant to subsection b. of this section and the Rules Governing the Courts of the State of New Jersey.
b. The Administrative Director of the Courts shall prescribe procedures allowing a person issued a parking ticket at a parking meter to contest the accuracy of the parking meter. The procedures shall include but not be limited to provisions:
(1) informing the person of the manner in which and the time within which the person shall notify the clerk of the court where the case is pending that the person is contesting the accuracy of the parking meter;
(2) instructing and empowering the clerk of the court where the case is pending to require the entity responsible for the parking meter to test the accuracy of the parking meter and to provide the clerk a written report as to the accuracy of the meter, unless the clerk received a report for that meter within the previous six months indicating that the meter was either accurate or inaccurate but repaired within the previous six-month period;
(3) establishing a time within which an entity responsible for a parking meter, the accuracy of which is being contested, shall provide the clerk of the court where the case is pending with a written report as to the accuracy of the meter;
(4) postponing the time within which an answer to the offense alleged is required, and the hearing on the matter alleged, until a reasonable time after:
(a) the entity responsible for the parking meter tests the accuracy of the parking meter and reports the test results to the clerk of the court where the case is pending, and
(b) the clerk has notified the defendant;
(5) instructing and
empowering the clerk of the court where the case is pending, upon the clerk's receipt
of a report indicating that a parking meter is inaccurate, or upon the failure
of the entity responsible for a parking meter to provide the clerk with a written report as to the accuracy of the meter within the time established pursuant to
paragraph (3) of this subsection, to dismiss the complaint and notify the defendant
that the matter has
been dismissed;
(6) instructing and empowering the clerk of the court where the case is pending, upon the clerk's receipt of a report indicating that a parking meter is accurate, to provide the defendant a copy of the report and notify the defendant of the manner in which and the time within which an answer to the offense alleged is required.
c. Nothing in this section shall prevent, or be construed as preventing, a person issued a parking ticket at a parking meter from appearing at a hearing on the offense alleged and presenting evidence indicating that a parking meter is inaccurate.
2. Section 2 of P.L.1985, c.14 (C.39:4-139.3) is amended to read as follows:
2. As used in this act:
[ a. ]"Director" means the Director of the Division of Motor Vehicles.
[ b. ]"Division" means the Division of Motor Vehicles in the Department of Law and Public Safety.
[ c. ]"Inaccurate" means determined to be outside the Maintenance and Acceptance Tolerances for Parking Meters set forth in the National Institute of Standards and Technology Handbook 44, 2014 Edition.
"Parking meter" means a device used to collect money in exchange for the right to park a vehicle in a particular place for a limited amount of time.
"Parking offense" means a violation of a State statute, an ordinance or resolution adopted by a county, municipality or authority or a regulation issued by a State authority which regulates the parking of vehicles. For purposes of this act, violations of ordinances or regulations will be within the civil jurisdiction of the court.
[ d. ]"Parking ticket" means the summons issued alleging that a parking offense has occurred.
(cf: P.L.1985, c.14, s.2)
3. Section 3 of P.L.1985, c.14 (C.39:4-139.4) is amended to read as follows:
3. a. (1) The complaint and summons shall be a uniform traffic ticket in the form prescribed by the Administrative Director of the Courts and shall contain information advising the person to whom it is issued of the manner in which and the time within which an answer to the offense alleged is required.
(2) The uniform traffic ticket prescribed by the Administrative Director of the Courts shall contain information advising a person issued a parking ticket at a parking meter of the right to contest the accuracy of the parking meter pursuant to section 1 of P.L. , c. (C, ) (pending before the Legislature as this bill).
(3) The parking ticket shall also 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 vehicle.
b. A parking ticket shall be served personally upon the operator of a vehicle who is present at the time of service, and his name shall be recorded on the parking ticket, together with the plate number and type as shown by the registration plates of the vehicle and the make or model of the vehicle. If the operator is not present, the parking ticket shall be served upon the owner of the vehicle by affixing the parking ticket to the vehicle in a conspicuous place, or by any other method appropriate under R. 4:4-4 of the Rules Governing the Courts of the State of New Jersey.
c. A parking ticket shall also contain sufficient information to inform the person of the nature, date, time and location of the offense alleged. Service of a parking ticket by affixation as provided in subsection b. of this section shall have the same effect as if the parking ticket was personally served on the owner or operator of the vehicle.
d. The original parking ticket shall be signed by the complainant, who shall certify to the truth of the facts set forth therein. The original parking ticket or a true copy of the parking ticket shall be considered a record kept in the ordinary business of the enforcement agency and shall be prima facie evidence of the facts contained therein.
e. An operator of a vehicle who is not the owner, but who uses or operates the vehicle with the permission of the owner, express or implied, shall be considered the agent of the owner to receive parking tickets served in accordance with subsection b. of this section.
(cf: P.L.1985, c.14, s.3)
4. This act shall take effect immediately.
STATEMENT
This bill would allow a person issued a parking ticket at a parking meter who believes the parking meter to be inaccurate to contest the accuracy of the parking meter. The sponsor was motivated to pursue this legislation following an Asbury Park Press feature article and editorial related to parking meter summons. This bill is based upon procedures set forth in the New Jersey Municipal Court Procedures Manual (1985). The Procedures Manual was authorized by the Administrative Office of the Courts to provide municipal court judges and clerks a practical guideline for the performance of municipal court operations and to reflect preferred practices.
Under the bill, a person issued a parking ticket at a parking meter who believes the parking meter to be inaccurate could contest the accuracy of the parking meter by notifying the clerk of the court where the case is pending that the person is contesting the accuracy of the parking meter. The Administrative Director of the Courts would prescribe procedures allowing a person issued a parking ticket at a parking meter to contest the accuracy of the parking meter. The procedures would include provisions:
informing the person of the manner in which and the time within which the person must notify the court clerk that the person is contesting the accuracy of the parking meter;
instructing and empowering the clerk to require the entity responsible for the parking meter to test the accuracy of the parking meter and to provide the clerk a written report as to the accuracy of the meter, unless the clerk received a report for that meter within the previous six months indicating that the meter was either accurate or inaccurate but repaired within the previous six-month period;
establishing a time within which an entity responsible for a parking meter must provide the clerk with a written report as to the accuracy of the meter;
postponing the time to answer the offense alleged;
instructing and empowering the clerk to dismiss the complaint if the report indicates the parking meter is inaccurate, or the entity responsible for a parking meter fails to provide the clerk with a report within the time established;
instructing and empowering the clerk, upon the clerk's receipt of a report indicating that a parking meter is accurate, to provide the defendant a copy of the report and notify the defendant of the manner in which and the time within which an answer to the offense alleged is required.
To establish a standard to discern whether a parking meter is accurate, the bill references the National Institute of Standards and Technology Handbook 44, adopted by the National Conference on Weights and Measures. This is consistent with New Jersey Administrative Code 13:47B-1.20, which provides that the technical requirements for weighing and measuring devices contained in Handbook 44 are the legal requirements for weighing and measuring devices used for commercial purposes and law enforcement in the State of New Jersey.
The bill calls upon the Administrative Director of the Courts to modify the form of the uniform traffic ticket so that it will advise a person issued a parking ticket at a parking meter of the right to contest the accuracy of the parking meter.
The bill does not prevent a person issued a parking ticket at a parking meter from appearing at a hearing on the offense alleged and presenting evidence indicating that the parking meter is inaccurate.
