A1545 1R

An Act concerning certain parking violations and supplementing P.L.1979, c.150 (C.27:25-1 et al.).

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

1. As used in P.L. , c. (C. ¹[through C. ]¹) (pending before the Legislature as this bill):

“Access Link” means the paratransit service implemented by the corporation for purposes of complying with the “Americans with Disabilities Act of 1990,” Pub.L.101-336 (42 ¹[U.S.C.s.12101] U.S.C. s.12101¹ et seq.).

“Bus obstruction monitoring system” means a camera enforcement system that includes onboard cameras that are designed to capture a recorded image of a motor vehicle during the commission of a covered violation.

“Bus obstruction monitoring system operator” means a representative of the corporation, including contractors, that operates a bus obstruction monitoring system.

“Bus stop zone” means any area designated by official signage or pavement markings as a bus stop for corporation motor vehicles.

¹“Commission” means the New Jersey Motor Vehicle Commission.¹

“Corporation” means the New Jersey Transit Corporation.

“Covered violation” means stopping, standing, or parking in: (1) a dedicated bus lane, unless authorized by the local jurisdiction in which the dedicated bus lane is located; (2) a bus stop zone, unless no transit bus is present and the motor vehicle is actively engaged in the loading or unloading of passengers with hazard lights activated; or (3) a designated bicycle lane, unless permitted under law or in the event of an emergency. A “covered violation” shall not include a motor vehicle moving violation.

“Dedicated bus lane” means a lane designated for use by a bus owned, operated, leased, or contracted for by the corporation to provide motorbus regular route service.

“Designated bicycle lane” means a clearly marked traffic lane for bicycles adjacent to a roadway that serves a motorbus regular route.

“Motor vehicle moving violation” means any violation of the motor vehicle laws of this State or any other jurisdiction for which motor vehicle points are assessed by the chief administrator pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5) or any violation of the motor vehicle laws of any other jurisdiction for which motor vehicle points would be assessed if that violation had occurred in this State.

“Operator” means a person who is in actual physical control of a motor vehicle.

“Owner” means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of six months or more.

“Recorded image” means a digital image recorded by a bus obstruction monitoring system.

2. a. The New Jersey Transit Corporation shall issue citations for a covered violation resulting from recorded images. ¹[A designated] An officer with the New Jersey Transit Police Department, or an¹ employee of the corporation ¹[, or a contracted law enforcement agency] that has been designated, trained, and certified by the New Jersey Transit Police Department to review citations for covered violations¹, shall review the recorded images to determine whether a covered violation has occurred. The corporation shall install and operate bus obstruction monitoring systems on buses owned or operated by the corporation or operated under contract with the corporation to capture recorded images of motor vehicles during the commission of a covered violation and to issue citations for covered violations. The number of buses equipped with bus obstruction monitoring systems, as well as the selection of routes and deployment locations, shall be determined by the corporation based on a cost-benefit analysis, anticipated impact on motorbus regular route service efficiency, safety and rider accessibility, predicted violation frequency, and overall operational feasibility.

b. A bus obstruction monitoring system may only be used if:

(1) operated by a bus obstruction monitoring system operator; and

(2) a sign is affixed to the bus alerting drivers that the bus is equipped with a bus obstruction monitoring system.

3. a. A bus obstruction monitoring system shall only retain recorded images of motor vehicles that contain evidence of a covered violation.

b. Recorded images from a bus obstruction monitoring system:

(1) may be retained for up to six months or 60 days after final disposition of the citation, whichever is later, if the ¹[record] recorded¹ images contain evidence of a covered violation;

(2) shall be destroyed within 15 days after the recorded images were first captured if the ¹[record] recorded¹ images do not contain evidence of a covered violation;

(3) shall be stored on secure servers or encrypted digital storage systems that meet or exceed the State’s information security standards as established by the New Jersey Office of Homeland Security and Preparedness, or any successor entity; and

(4) shall not be deemed a government record under ¹[P.L1963] P.L.1963¹, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law concerning access to government records, and shall not be discoverable as a government 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 the ¹[record] recorded¹ images be offered as evidence in any civil or administrative proceeding not directly related to a covered violation.

c. A bus obstruction monitoring system may not use biometric identification techniques, including facial recognition technology.

4. a. (1) A bus obstruction monitoring system operator shall complete training by the manufacturer of the bus obstruction monitoring system in the procedures for setting up, testing, and operating the bus obstruction monitoring system.

(2) Upon completion of the training, the manufacturer shall issue a signed certificate to the bus obstruction monitoring system operator. The certificate shall be retained by the operator as well as the corporation, or its designated contractor, and shall be admissible as evidence in any administrative or judicial proceeding related to a covered violation.

b. A bus obstruction monitoring system operator shall perform manufacturer-specified functionality tests of each system prior to the start of daily service and at regular intervals throughout the day, as required by the manufacturer. Each test shall confirm proper operation of the camera, time and date stamp, location tracking, and image capture functions.

c. For each day of operation, the bus obstruction monitoring system operator shall complete and sign a test verification log. The log shall:

(1) indicate the date and time of each test;

(2) confirm that the bus obstruction monitoring system passed all required self-tests prior to capturing any recorded images;

(3) be retained by the corporation or its designated contractor and made available upon request for administrative review or legal proceedings; and

(4) be admissible as evidence in any court proceeding related to a covered violation.

5. a. A citation issued by a bus obstruction monitoring system for a covered violation may be contested on the grounds that:

(1) the motor vehicle was a transit vehicle owned, operated, leased, or contracted for by the corporation or by a local or county transportation agency;

(2) the motor vehicle was a school bus;

(3) the motor vehicle was an authorized emergency vehicle operating on official business or in the exercise of the driver’s profession, including in response to an emergency call or while pursuing an actual or suspected violator of the law;

(4) the motor vehicle was owned or operated by a federal, state, county, or local government agency and was engaged in official duties at the time of the alleged covered violation;

(5) the motor vehicle was parked, stopped, or standing due to a medical emergency or mechanical breakdown and the owner provides proof documenting the claim;

(6) the motor vehicle was providing transportation related to the provision of funeral services and the owner provides proof documenting the claim;

(7) the motor vehicle was reported stolen at the time of the covered violation, as documented by a police report; or

(8) a citation was previously issued by a local ¹law enforcement agency or¹ parking authority for the same covered violation, the fine associated with the covered violation has been paid, and the owner or operator submits proof of payment to the corporation.

b. An owner or operator shall have 30 calendar days from the date of mailing of the citation to contest the alleged covered violation ¹to the corporation pursuant to subsection a. of this section¹. A citation may be contested through the corporation’s Internet website, by mail, or by requesting a hearing in accordance with procedures established by ¹rules and regulations adopted by¹ the corporation ¹in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.). After reviewing a contested citation, the corporation shall send a copy of its final decision to the registered owner contesting the citation with instructions for the registered owner’s options to either pay the fine or appeal the corporation’s decision.

c. A registered owner contesting a citation pursuant to subsection a. of this section may appeal a final decision issued by the corporation pursuant to subsection b. of this section to the New Jersey Superior Court¹.

6. a. Citations issued by the corporation for covered violations captured by bus obstruction monitoring systems shall be sent by mail to the owner of the motor vehicle within 15 calendar days of the date of the covered violation.

b. If an owner or operator is found to be in violation of P.L. , c. (C. ) (pending before the Legislature as this bill) by means of a bus obstruction monitoring system, a fine of $45 shall be imposed for the first offense. Subsequent violations within any 12-month period from the date of the first offense shall increase by $45, with a maximum fine of up to $135. If no further violations occur within a 12-month period, the fine structure shall reset. For the purposes of calculating subsequent fines, the number of covered violations shall be associated with a motor vehicle's registration number and shall not be associated with the identity of the operator.

c. If a motor vehicle leasing or rental business receives a citation for a covered violation and submits to the corporation, within 30 days of the date on which the citation was mailed, a copy of the rental or lease agreement identifying the name and address of the lessee or renter who had custody and control of the motor vehicle at the time of the covered violation, and proof that the rental period included the date and time of the covered violation, then upon receipt of such documentation, the corporation shall reissue the citation to the identified lessee or renter, and no fine shall be imposed on the leasing or rental business.

d. ¹If an owner or operator has failed to pay three or more fines issued pursuant to subsection b. of this section, the corporation may notify the New Jersey Motor Vehicle Commission in a form and manner prescribed by the commission. Upon receiving such notice, the commission may suspend the driver’s license, or the registration of the motor vehicle, of an owner or operator who has not paid or otherwise satisfied three or more fines issued pursuant to subsection b. of this section. However, after issuing such notice, if the fines are subsequently paid or if the case is dismissed or otherwise disposed of, the corporation shall promptly notify the commission of the subsequent payment, dismissal, or disposal.

e.¹ The corporation may retain any fines collected pursuant to this section to cover the administrative costs of administering the bus obstruction monitoring system program. Any excess revenue from fines collected pursuant to this section shall be used to fund Access Link services.

¹[e.] f.¹ The corporation shall not enter into any agreement for bus obstruction monitoring systems or bus obstruction monitoring system operator services that bases contractor compensation on the amount of revenue generated in monetary fines collected pursuant to this section.

¹[f.] g.¹ The corporation shall implement the bus obstruction monitoring system program as follows:

(1) For a period of 180 days beginning on the date of implementation of the bus obstruction monitoring system program, the corporation shall conduct a public education and awareness campaign regarding the corporation’s implementation of the bus obstruction monitoring system program. The campaign shall include, but not be limited to, bus exterior advertising, web-based and social media outreach, and press events. The corporation shall also provide the public with information about the bus obstruction monitoring system program on the corporation’s Internet website commencing at the start of the implementation of the program; and

(2) Prior to issuing any citations or fines for covered violations pursuant to this section, the corporation shall issue only warning notices for a period of 90 days, which period shall begin 90 days after the date of implementation of the bus obstruction monitoring system program.

7. The New Jersey Transit Corporation shall submit an annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature regarding the corporation’s implementation of bus obstruction monitoring systems. At a minimum, the report shall include the:

a. total number of citations issued under the program for that year, broken down by bus route and violation type;

b. amount of revenue generated from fine collections under the program for that year and the allocation of the revenue, broken down by bus route and violation type; and

c. impact on bus service efficiency including, but not limited to, average travel speed, schedule adherence, reduction in delays and safety improvements at designated enforcement locations, illegal parking, and traffic congestion.

8. The New Jersey Transit Corporation may adopt and promulgate, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary for the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill). Such rules and regulations may include, but shall not be limited to, procedures for:

(1) administering the issuance of citations and contesting citations;

(2) establishing and maintaining the bus obstruction monitoring systems and associated data security protocols;

(3) training and certification of bus obstruction monitoring system operators; and

(4) verifying claims for dismissal of citations.

9. This act shall take effect 90 days after enactment.