Bill Text: NJ A5153 | 2016-2017 | Regular Session | Introduced
Bill Title: Prohibits NJTA and SJTA from charging administrative fee when mailing requests for toll violation payments at cashless toll exits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-08-24 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A5153 Detail]
Download: New_Jersey-2016-A5153-Introduced.html
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
Prohibits NJTA and SJTA from charging an administrative fee when mailing requests for toll violation payments at cashless toll exits.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the administration of advisory and payment requests for the payment of tolls and amending and supplementing P.L.1997, c.59.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 8 of P.L.1997, c.59 (C.27:23-34.3) is amended to read as follows:
8. a. If a violation of the toll collection monitoring system regulations is committed as evidenced by a toll collection monitoring system, the authority or the agent of the authority may send an advisory and payment request within 60 days of the date of the violation to the owner of the vehicle by regular mail at the address of record for that owner with the New Jersey Motor Vehicle Commission or with any other motor vehicle licensing authority of another jurisdiction, providing the owner with the opportunity to resolve the matter prior to the issuance of a summons and complaint that charges a violation of the toll collection monitoring system regulations. The advisory and payment request shall contain sufficient information to inform the owner of the nature, date, time, and location of the alleged violation. The authority or its agent may require as part of the advisory and payment request that the owner pay to the agent the proper toll and a reasonable administrative fee established by the authority [and] , which shall be based upon the actual cost of processing and collecting the violation, except as provided in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). If the owner fails to pay the required toll and fee within 30 days of the date the advisory and payment request was sent, the owner shall be subject to liability on the 31st day following the date the advisory and payment request was sent for the violation of the toll collection monitoring system regulations by the vehicle operator pursuant to the issuance of a complaint and summons.
b. An owner of a vehicle who is a lessor of the vehicle used in violation of the toll collection monitoring system regulations of the authority shall not be liable for the violation of the regulations if the lessor submits to the authority, in a timely manner, a copy of the rental agreement, lease, or other contract document covering that vehicle on the date of the violation, with the name and address of the lessee clearly legible to the authority and to the court having jurisdiction over the violation. If the lessor fails to provide the information in a timely manner, the lessor shall be held liable for the violation of the regulations. If the lessor provides the required information to the authority, the lessee of the vehicle on the date of the violation shall be deemed to be the owner of the vehicle for the purposes of sections 6 through 10 of P.L.1997, c.59 (C.27:23-34.1 through C.27:23-34.5) and the toll collection monitoring system regulations and shall be subject to liability for the violation of the regulations.
c. Except as otherwise provided in this subsection, a certified report of an employee or agent of the authority reporting a violation of the toll collection monitoring system regulations and any information obtained from a toll collection monitoring system shall be available for the exclusive use of the authority and any law enforcement official for the purposes of discharging their duties pursuant to sections 6 through 10 of P.L.1997, c.59 (C.27:23-34.1 through C.27:23-34.5) and the toll collection monitoring system regulations. Any such report or information 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 certified reports and information, including but not limited to, any recorded image of any motor vehicle, the license plate of any motor vehicle or the operator or any passenger in any motor vehicle, 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 violation of the toll collection monitoring system regulations, or in any municipal court prosecution for a violation of any of the provisions of Title 39 of the Revised Statutes. However, in the event that, notwithstanding the provisions of subsection c. of section 7 of [this act] P.L.1997, c.59 (C.27:23-34.2), a recorded image of the face of the operator or any passenger in a motor vehicle is produced by the toll collection monitoring system, that image shall not be used by the authority for any purpose nor shall the image or any record or copy thereof be transmitted or communicated to any person, governmental, non-governmental, or judicial or administrative entity.
d. A complaint and summons charging a violation of the toll collection monitoring system regulations shall be on a form prescribed by the Administrative Director of the Courts pursuant to the Rules Governing the Courts of the State of New Jersey. The authority may authorize by regulation an employee or agent to be a complaining witness to make, sign, and initiate complaints and to issue summonses in the name of the authority on behalf of the State of New Jersey, pursuant to the Rules Governing the Courts of the State of New Jersey. The complaints and summonses may be made on information based upon evidence obtained by a toll collection monitoring system, the toll collection monitoring system record and the records of the New Jersey Motor Vehicle Commission or of any other state, province, or motor vehicle licensing authority.
Service may be made by means provided by the Rules Governing the Courts of the State of New Jersey.
Except as provided in subsection c. of this section, the recorded images produced by a toll collection monitoring system shall be considered an official record kept in the ordinary course of business and shall be admissible in a proceeding for a violation of any toll collection monitoring system regulations.
e. The municipal court of the municipality wherein a toll collection monitoring system record was made shall have jurisdiction to hear violations of the toll collection monitoring system regulations. Violations shall be enforced and penalties collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). A proceeding and a judgment arising therefrom shall be pursued and entered in accordance with the provisions of N.J.S.2B:12-1 et seq. and the Rules Governing the Courts of the State of New Jersey.
In addition to the civil penalty that may be assessed by a court having jurisdiction for a violation of the toll collection monitoring system regulations, a court shall require the defendant to pay the proper toll and shall require the defendant to pay a reasonable administrative fee as determined by the authority. Following collection and distribution of the fees set forth in [section 11 of P.L.1953, c.22 (C.22A:3-4)] N.J.S.22A:3-4, any tolls and administrative fees imposed and collected by the court for a violation of the toll collection monitoring system regulations shall be promptly remitted to the authority by the court. The civil penalty shall be distributed pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
(cf: P.L.2005, c.62, s.1)
2. (New section) a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, if a violation of the toll collection monitoring system regulations is committed as evidenced by a toll collection monitoring system at a toll collections facility in which there is not an option for cash payment, the New Jersey Turnpike Authority or the agent of the authority may send an advisory and payment request in accordance with the provisions of section 8 of P.L.1997, c.59 (C.27:23-34.3), except that the authority or its agent shall not require that the owner of the motor vehicle pay an administrative fee.
Nothing in this section shall be construed to limit the liability of the owner of a motor vehicle for the payment of the required toll amount or limit the liability of the owner of a motor vehicle for any other violations of the toll collection monitoring system regulations.
b. As used in this section:
"Toll collection monitoring system" shall have the same meaning as defined in section 6 of P.L.1997, c.59 (C.27:23-34.1).
"Toll collection monitoring system regulations" shall have the same meaning as defined in section 6 of P.L.1997, c.59 (C.27:23-34.1).
3. Section 13 of P.L.1997, c.59 (C.27:25A-21.3) is amended to read as follows:
13. a. If a violation of the toll collection monitoring system regulations is committed as evidenced by a toll collection monitoring system, the authority or the agent of the authority may send an advisory and payment request within 60 days of the date of the violation to the owner of the vehicle by regular mail at the address of record for that owner with the New Jersey Motor Vehicle Commission, or with any other motor vehicle licensing authority of another jurisdiction, providing the owner with the opportunity to resolve the matter prior to the issuance of a summons and complaint that charges a violation of the toll collection monitoring system regulations. The advisory and payment request shall contain sufficient information to inform the owner of the nature, date, time, and location of the alleged violation. The authority or its agent may require as part of the advisory and payment request that the owner pay to the agent the proper toll and a reasonable administrative fee established by the authority [and] , which shall be based upon the actual cost of processing and collecting the violation, except as provided in section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill). If the owner fails to pay the required toll and fee within 30 days of the date the advisory and payment request was sent, the owner shall be subject to liability on the 31st day following the date the advisory and payment request was sent for the violation of the toll collection monitoring system regulations by the vehicle operator pursuant to the issuance of a complaint and summons.
b. An owner of a vehicle who is a lessor of the vehicle used in violation of the toll collection monitoring system regulations of the authority shall not be liable for the violation of the regulations if the lessor submits to the authority, in a timely manner, a copy of the rental agreement, lease, or other contract document covering that vehicle on the date of the violation, with the name and address of the lessee clearly legible to the authority and to the court having jurisdiction over the violation. If the lessor fails to provide the information in a timely manner, the lessor shall be held liable for the violation of the regulations. If the lessor provides the required information to the authority, the lessee of the vehicle on the date of the violation shall be deemed to be the owner of the vehicle for the purposes of sections 11 through 15 of P.L.1997, c.59 (C.27:25A-21.1 through C.27:25A-21.5) and the toll collection monitoring system regulations and shall be subject to liability for the violation of the regulations.
c. Except as otherwise provided in this subsection, a certified report of an employee or agent of the authority reporting a violation of the toll collection monitoring system regulations and any information obtained from a toll collection monitoring system shall be available for the exclusive use of the authority and any law enforcement official for the purposes of discharging their duties pursuant to sections 11 through 15 of P.L.1997, c.59 (C.27:25A-21.1 through C.27:25A-21.5) and the toll collection monitoring system regulations. Any such report or information 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 certified reports and information, including but not limited to, any recorded image of any motor vehicle, the license plate of any motor vehicle, or the operator or passenger of any motor vehicle, 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 violation of the toll collection monitoring system regulations, or in any municipal court prosecution for a violation of any of the provisions of Title 39 of the Revised Statutes. However, in the event that, notwithstanding the provisions of subsection c. of section 12 of [this act] P.L.1997, c.59 (C.27:25A-21.2), a recorded image of the face of the operator or any passenger in a motor vehicle is produced by the toll collection monitoring system, that image shall not be used by the authority for any purpose nor shall the image or any record or copy thereof be transmitted or communicated to any person, governmental, non-governmental, or judicial or administrative entity.
d. A complaint and summons charging a violation of the toll collection monitoring system regulations shall be on a form prescribed by the Administrative Director of the Courts pursuant to the Rules Governing the Courts of the State of New Jersey. The authority may authorize by regulation an employee or agent to be a complaining witness to make, sign, and initiate complaints and to issue summonses in the name of the authority on behalf of the State of New Jersey, pursuant to the Rules Governing the Courts of the State of New Jersey. The complaints and summonses may be made on information based upon evidence obtained by a toll collection monitoring system, the toll collection monitoring system record and the records of the New Jersey Motor Vehicle Commission or of any other state, province, or motor vehicle licensing authority.
Service may be made by means provided by the Rules Governing the Courts of the State of New Jersey.
Except as provided in subsection c. of this section, the recorded images produced by a toll collection monitoring system shall be considered an official record kept in the ordinary course of business and shall be admissible in a proceeding for a violation of any toll collection monitoring system regulations.
e. The municipal court of the municipality wherein a toll collection monitoring system record was made shall have jurisdiction to hear violations of the toll collection monitoring system regulations. Violations shall be enforced and penalties collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). A proceeding and a judgment arising therefrom shall be pursued and entered in accordance with the provisions of N.J.S.2B:12-1 et seq. and the Rules Governing the Courts of the State of New Jersey.
In addition to the civil penalty that may be assessed by a court having jurisdiction for a violation of the toll collection monitoring system regulations, a court shall require the defendant to pay the proper toll and shall require the defendant to pay a reasonable administrative fee as established by the authority. Following collection and distribution of the fees set forth in [section 11 of P.L.1953, c.22 (C.22A:3-4)] N.J.S.22A:3-4, any tolls and administrative fees imposed and collected by the court for a violation of the toll collection monitoring system regulations shall be promptly remitted to the authority by the court. The civil penalty shall be distributed pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
(cf: P.L.2005, c.62, s.2)
4. (New section) a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, if a violation of the toll collection monitoring system regulations is committed as evidenced by a toll collection monitoring system at a toll collections facility in which there is not an option for cash payment, the South Jersey Transportation Authority or the agent of the authority may send an advisory and payment request in accordance with the provisions of section 13 of P.L.1997, c.59 (C.27:25A-21.3), except that the authority or its agent shall not require that the owner of the motor vehicle pay an administrative fee.
Nothing in this section shall be construed to limit the liability of the owner of a motor vehicle for the payment of the required toll amount or limit the liability of the owner of a motor vehicle for any other violations of the toll collection monitoring system regulations.
b. As used in this section:
"Toll collection monitoring system" shall have the same meaning as defined in section 11 of P.L.1997, c.59 (C.27:25A-21.1).
"Toll collection monitoring
system regulations" shall have the same meaning as defined in section 11 of
P.L.1997, c.59 (C.27:25A-21.1).
5. This act shall take effect on the first day of the sixth month following enactment.
STATEMENT
This bill provides that, if there is a violation of the toll collection monitoring system regulations that govern the electronic toll collection system, commonly known as E-ZPass, at a toll collections facility in which there is not an option for cash payment, the New Jersey Turnpike Authority (NJTA), the South Jersey Transportation Authority (SJTA), or the agent of either authority, may send an advisory and payment request as provided by law, except that the NJTA, the SJTA, or their agent may not require the owner of the motor vehicle to pay an administrative fee.
Nothing in the bill is to be construed to limit the liability of the owner of a motor vehicle for the payment of the required toll amount or limit the liability of the owner of a motor vehicle for any other violations of the toll collection monitoring system regulations.
