STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
Swift Access For Emergency Response Actions Preservation Program (SAFER APP); authorizes Attorney General to order turn-by-turn navigation systems to reroute vehicular traffic under certain conditions.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
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).
2. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
Emergency condition means excessive vehicular traffic that poses 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.
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. a. The governing body of a municipality may adopt a resolution requesting the Attorney General to investigate whether use of turn-by-turn navigation systems by drivers creates an emergency condition within the municipality, which, after adoption, shall be subject to the review of the Commissioner of Transportation, according to law. 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.
b. Upon the approval of the
resolution by the commissioner, the Attorney General shall, in consultation with
the commissioner and the governing body of the municipality, investigate the
traffic conditions described in the resolution to determine whether an
emergency condition exists and shall share the results of the investigation
with the governing body of the municipality. If the Attorney General determines
an emergency condition exists, the Attorney General shall notify,
electronically and in writing, any person, business, or other entity having
ownership or control of a turn-by-turn navigation system of the emergency
condition 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 condition, in accordance with section 1 of P.L.1950, c.70
(C.39:4-213).
4. Any person, business, or other entity having ownership or control of a turn-by-turn navigation system that fails to detour, reroute, or divert vehicular traffic to remove the emergency condition after being notified of the emergency condition by the Attorney General shall be subject to a fine of not more than $5,000 per day, which 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.), and which shall be paid to the affected municipality, until the person, business, or other entity complies with the order of the Attorney General.
5. This act shall take effect immediately.
STATEMENT
This bill establishes the Swift Access For Emergency Response Actions Preservation Program (SAFER APP). Under the bill, the governing body of a municipality may adopt a resolution requesting the Attorney General to investigate whether use of turn-by-turn navigation systems by drivers creates an emergency condition within the municipality, which is to be subject to the approval of the Commissioner of Transportation (commissioner). The commissioner is to 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 is to describe in writing the reasoning of the disapproval to the governing body of the municipality.
Upon the approval of the resolution by the commissioner, this bill provides that the Attorney General, in consultation with the commissioner and the governing body of the municipality, is to investigate the traffic conditions described in the resolution to determine whether an emergency condition exists. The Attorney General is to share the results of the investigation with the governing body of the municipality. If the Attorney General determines an emergency condition exists, the bill authorizes the Attorney General to notify, electronically and in writing, any person, business, or other entity having ownership or control of a turn-by-turn navigation system of the emergency condition and the Attorney General is to order the person, business, or other entity, when providing instructions to a driver, to detour, reroute, or divert vehicular traffic to remove the emergency condition.
The bill provides that any person, business, or other entity having ownership or control of a turn-by-turn navigation system that fails to detour, reroute, or divert vehicular traffic to remove the emergency condition after being notified by the Attorney General is to be subject to a fine of not more than $5,000 per day, which is to be paid to the affected municipality, until the person, business, or other entity complies with the order.