A3036 3R

An Act concerning turn-by-turn navigation systems and supplementing Title 39 of the Revised Statutes.

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

1. This act shall be known and may be cited as the “Swift Access For Emergency Response Actions Preservation Program (SAFER APP).”

²2. The Legislature finds and declares that:

a. The safety and well-being of New Jersey residents is a fundamental responsibility of the State and its municipalities, particularly with regard to ensuring timely and reliable emergency response services.

b. The widespread use of turn-by-turn navigation applications has, in certain communities, contributed to unintended traffic congestion on residential and local roads not designed to handle significant volumes of through-traffic.

c. This congestion has demonstrably delayed emergency vehicle access, increased the frequency of vehicular and pedestrian accidents, and compromised the operational readiness of police, fire, and emergency medical services.

d. It is in the public interest to provide municipalities and the Attorney General with a process to reroute traffic via turn-by-turn navigation applications in order to preserve public safety and emergency access during periods of sustained, dangerous congestion.

e. The enactment of P.L. , c. (C. ) (pending before the Legislature as this bill) serves the compelling governmental interest in safeguarding public safety and maintaining the operational capacity of emergency response systems.

f. Any incidental impact on interstate or intrastate commerce resulting from limited, localized traffic rerouting orders issued pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) is justified by the overriding interest in public safety, and P.L. , c. (C. ) (pending before the Legislature as this bill) is narrowly tailored to ensure that the means adopted do not impose unnecessary or discriminatory burdens on commerce.

g. The Attorney General and the Commissioner of Transportation shall implement P.L. , c. (C. ) (pending before the Legislature as this bill) in a manner consistent with Constitutional principles, including the Dormant Commerce Clause of the United States Constitution, and shall coordinate to avoid unnecessary disruption to freight corridors, ensuring that any emergency traffic control measures are time-limited and regularly reviewed to minimize ongoing interference.

h. P.L. , c. (C. ) (pending before the Legislature as this bill) does not restrict physical access to public roads by drivers but instead provides a targeted and temporary framework for regulating digital routing behavior in emergency conditions, consistent with the State’s authority to protect public safety.²

²[2.]³[3.² As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

²"Commissioner" means the Commissioner of Transportation.²

²[“]"² Emergency ¹traffic¹ condition ²[”]"² means ¹recurring periods of¹ excessive vehicular traffic that ¹[poses] ²[pose¹ a public safety hazard, including, but not limited to: sustained congestion on highways, streets, and roadways; emergency vehicle dispatch delays; or a demonstrable history of vehicular and pedestrian accidents] materially interfere with emergency response operations or endanger public safety, including but not limited to: significant diversion of traffic from highways onto roads not intended or engineered to accommodate the volume of the diverted traffic; substantiated delays in emergency vehicle response times; or a pattern of vehicular or pedestrian accidents associated with changes in routing behavior².

²[“]"² Turn-by-turn navigation system ²[”]"² means a software program or online application on a device that uses global positioning system technology to provide a driver with voice-guided or visual instructions on how to arrive at a destination using a motor vehicle.]³

²[3.] ³[4.² a. The governing body of a municipality may adopt a resolution ², accompanied by supporting documentation and analysis,² requesting the Attorney General to investigate whether use of turn-by-turn navigation systems by drivers ²[creates] has created² an emergency ¹traffic¹ condition within the municipality, ²[which, after adoption,] as defined in section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). The resolution and accompanying documentation, after adoption by the municipal governing body,² shall be subject to the review of the Commissioner of Transportation, according to law. ²[The commissioner shall approve or disapprove the resolution within 90 days of the date the governing body of a municipality submits the resolution to the commissioner. If the commissioner disapproves the resolution, the commissioner shall describe in writing the reasoning of the disapproval to the governing body of the municipality.]²

b. ²In reviewing the resolution, the commissioner may consider criteria including, but not limited to:

(1) traffic volume and congestion on the roads to which traffic is diverted;

(2) frequency of accidents, speed limit violations, or other moving violations;

(3) emergency response times; and

(4) comparative travel time savings for drivers using diverted routes versus primary highways.

c. The commissioner shall approve or disapprove the resolution within 90 days of the date the governing body of a municipality submits the resolution to the commissioner. If the commissioner disapproves the resolution, the commissioner shall provide, in writing, a description on the reasoning of the disapproval to the governing body of the municipality.²

²[b.] d. (1)² Upon the approval of the resolution by the commissioner, the Attorney General ²[shall]², in consultation with the commissioner and the governing body of the municipality, ²[investigate] may conduct an investigation into² the traffic conditions described in the resolution to determine whether an emergency ¹traffic¹ condition exists and shall share the results of ²[the] any² investigation with the governing body of the municipality ²and the commissioner².

²(2) If the Attorney General does not conduct an investigation, the Attorney General shall issue a written determination stating the reasons for declining to investigate, which the Attorney General shall forward to the municipality and the commissioner within 90 days of receipt of the commissioner’s approval of the municipality’s resolution.

(3)² If the Attorney General ²conducts an investigation and² determines ²:

(a) an emergency traffic condition does not exist, the Attorney General shall issue a written notice of the determination, including the basis for the finding, to the governing body of the municipality and the commissioner within 30 days of completion of the investigation;

(b)² an emergency ¹traffic¹ condition exists, the Attorney General shall notify, electronically and in writing, ²(i) the governing body of the municipality and the commissioner of the determination; and (ii)² any person, business, or other entity having ownership or control of a turn-by-turn navigation system of the emergency ¹traffic¹condition and shall order the person, business, or other entity, when providing instructions to a driver, to detour, reroute, or divert vehicular traffic to remove the emergency ¹traffic¹ condition ¹[, in accordance with]. Following an initial determination that an emergency traffic condition exists, the Attorney General ²[may, from time to time, review the traffic conditions to determine whether the emergency traffic condition continues to exist] shall specify the duration for which the directive remains in effect, not to exceed 12 months. The Attorney General may renew the directive upon reassessment and shall review all rerouting directives at least annually. The Attorney General shall notify affected navigation system providers when an emergency traffic condition no longer exists and the directive is to be rescinded².

²[c. Nothing in this section shall limit the authority of the Attorney General to determine that an emergency condition exists with regard to the flow of vehicular traffic pursuant to¹ section 1 of P.L.1950, c.70 (C.39:4-213) ¹or any other statute or regulation¹.]

e. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall apply to navigation instructions directing users to hospitals or police stations.²]³

²[4.] ³[5.² Any person, business, or other entity having ownership or control of a turn-by-turn navigation system that ¹provides instructions to a driver and¹ fails to detour, reroute, or divert vehicular traffic to remove the emergency ¹traffic¹ condition after being notified of the emergency ¹traffic¹ condition by the Attorney General shall be subject to a fine of not more than ²$1,000 per day for the first five days of non-compliance and increasing to² $5,000 per day ²[, which] thereafter. The fine² may be collected in a summary proceeding pursuant to the ²[“] "² Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), and which shall be paid to the affected municipality, until the person, business, or other entity complies with the order of the Attorney General.]³

³[²6. The Attorney General, in consultation with the commissioner, shall submit a report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1):

a. no later than 90 days following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), which shall include, but not be limited to: an evaluation of the scope of legal authority granted to the Attorney General under P.L. , c. (C. ) (pending before the Legislature as this bill); an analysis of how this authority aligns with existing New Jersey statutes, Constitutional provisions, relevant federal law, and regulatory frameworks; practical considerations for implementation and enforcement of rerouting directives issued to turn-by-turn navigation system providers; an assessment of the economic impact on affected municipalities and the State; and an analysis of broader effects on traffic management and public safety; and

b. no later than three years following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), which shall include, but not be limited to: a summary of the number and nature of municipal resolutions submitted, approved, and denied; the number and duration of rerouting directives issued and rescinded; available data on changes in emergency vehicle response times and traffic safety in areas subject to rerouting directives; feedback from municipalities, first responders, and turn-by-turn navigation system providers; and any recommendations for legislative or regulatory changes to improve or clarify the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill).]³

³3. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Commissioner” means the Commissioner of Transportation.

“Emergency traffic condition” means recurring periods of excessive vehicular traffic that materially interfere with emergency response operations or endanger public safety, including but not limited to: significant diversion of traffic from highways onto roads not intended or engineered to accommodate the volume of the diverted traffic; substantiated delays in emergency vehicle response times; or a pattern of vehicular or pedestrian accidents associated with changes in routing behavior.

“Ongoing emergency traffic condition” means an emergency traffic condition that persists or recurs over a sustained period of time and materially interferes with the flow of vehicular traffic or emergency response operations.

“Turn-by-turn navigation system” means a software program or online application on a device that uses global positioning system technology to provide a driver with voice-guided or visual instructions on how to arrive at a destination using a motor vehicle.³

³4. a. In addition to the authority set forth in section 1 of P.L.1950, c.70 (C.39:4-213), whenever the Attorney General determines that the guidance provided to motorists by a turn-by-turn navigation system or systems has resulted in or contributed to an ongoing emergency traffic condition with regard to the flow of vehicular traffic in this State, the Attorney General may order the operator of that system, when providing instructions to a driver, to detour, reroute, or divert vehicular traffic so as to alleviate or eliminate the ongoing emergency traffic condition. The Attorney General will provide a copy of the notice to the municipality and to the commissioner.

b. The governing body of a municipality may adopt a resolution, accompanied by supporting documentation and analysis, requesting the Attorney General to investigate whether the guidance provided to motorists by a turn-by-turn navigation system or systems has resulted in or contributed to an ongoingemergency traffic condition with regard to the flow of vehicular traffic within the municipality.

c. Upon receipt of such a resolution, the Attorney General shall consult with the commissioner and appropriate local authorities and may initiate an investigation to determine whether the conditions meet the criteria for an ongoing emergency traffic condition. Within 90 days of receipt of the resolution, the Attorney General shall provide written notice to the municipality and the Commissioner of Transportation indicating whether an investigation will be conducted or whether the Attorney General is declining to act and the reasons for declining. If the Attorney General determines the guidance provided by a turn-by-turn navigation system has resulted in or contributed to an ongoing emergency traffic condition, the Attorney General may exercise the authority set forth in subsection a. of this section.

In reviewing the resolution, the Attorney Generalmay consider criteria including, but not limited to:

(1) traffic volume and congestion on the roads to which traffic is diverted;

(2) frequency of accidents, speed limit violations, or other moving violations;

(3) emergency response times; and

(4) comparative travel time savings for drivers using diverted routes versus primary highways.

d. Following an initial determination under subsection a. or c. of this section, the Attorney General shall specify a duration for the directive, not to exceed 12 months. The directive may be renewed upon reassessment, and the Attorney General shall review each directive at least annually. The Attorney General shall notify affected navigation system operators, as well as the municipality and commissioner, when an ongoing emergency traffic condition no longer exists and the directive is to be rescinded.

e. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall apply to navigation instructions directing users to hospitals or police stations.³

³5. Any person, business, or other entity having ownership or control of a turn-by-turn navigation system that was determined by the Attorney General to have resulted in or contributed to an ongoing emergency traffic condition with regard to the flow of vehicular traffic and that provides guidance to motorists which fails to detour, reroute, or divert vehicular traffic as ordered by the Attorney General to alleviate or eliminate the ongoing emergency traffic condition shall be subject to a fine of not less than $1,000 and not more than $5,000 per day until the person, business, or other entity complies with the order of the Attorney General.

The fine may be collected in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). Any fine collected shall be paid to the General Fund in the case of a determination made pursuant to subsection a. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) and which shall be paid to the affected municipality in the case of a determination made pursuant to subsection c. of section 4 of P.L. ,c. (C. ) (pending before the Legislature as this bill). The Attorney General may waive or reduce any fine imposed under this section in cases involving documented good-faith efforts to comply or verified technical limitations.³

³6. No later than 24 months following the Attorney General’s adoption of the rules and regulations required in section 8 of P.L. , c. (C. ) (pending before the Legislature as this act) the Attorney General, in consultation with the commissioner, shall submit to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report assessing the implementation and public safety impact of rerouting directives issued under this act. The report shall include recommendations for improvements or legislative updates as needed.³

²7. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to limit, define, modify, or to otherwise impair or diminish the Attorney General’s existing authority under section 1 of P.L.1950, c.70 (C.39:4-213) or any other State or federal law or regulation relating to the management or control of vehicular traffic.²

²8. The Attorney General shall adopt, ³within 90 days of enactment³ pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), in a manner consistent with the legislative intent to mitigate emergency traffic conditions and preserve emergency vehicle access.²

²[5.This act] 9. ³[Sections 6 and] Section³ 8 of this act² shall take effect immediately ², and the remainder of this act shall take effect 90 days after enactment².