Sponsored by:
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Assemblyman WILLIAM F. MOEN, JR.
District 5 (Camden and Gloucester)
SYNOPSIS
Authorizes reciprocal agreements for enforcement of toll violations with toll authorities from other states; modifies penalties for toll violations.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning toll enforcement, amending various parts of the statutory law, and supplementing Title 27 and Title 32 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 10 of P.L.1951, c.264 (C.27:23-34) is amended to read as follows:
10. Except as provided in sections eight and nine of this act, any violation of any of the provisions hereof, including but not limited to those regarding the payment of tolls, and any violation of any regulation adopted by the Authority under the provisions of this act shall be punishable by a fine not exceeding [five hundred dollars ($500) or by imprisonment not exceeding thirty days or by both such fine and imprisonment] $100 for the first violation and not exceeding $600 for each subsequent violation. Such a violation shall be tried in a summary way and shall be within the jurisdiction of and may be brought in the Superior Court or any municipal court where the offense was committed. The rules of the Supreme Court shall govern the practice and procedure in such proceedings, except as provided by any reciprocity agreement entered into by the Authority or by the New Jersey Motor Vehicle Commission, on behalf of the Authority, pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill). Proceedings under this section may be instituted on any day of the week, and the institution of the proceedings on a Sunday or a holiday shall be no bar to the successful prosecution thereof. Any process served on a Sunday or a holiday shall be as valid as if served on any other day of the week.
When imposing any penalty under the provisions of this section the court having jurisdiction shall be guided by the appropriate provisions of any statute adopted at the current session of the Legislature, or hereafter, fixing uniform penalties for violation of certain provisions of the motor vehicle and traffic laws contained in Title 39 of the Revised Statutes.
(cf: P.L.2003, c.79, s.35)
2. Section 7 of P.L.1997, c.59 (C.27:23-34.2) is amended to read as follows:
7. a. The authority may,
in accordance with the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.), adopt toll collection monitoring system
regulations. The regulations shall include a procedure for processing toll
violations and for the treatment of inadvertent violations. [A] In
addition to the penalty provided for in section 14 of P.L.1951, c.264
(C.27:23-38), a
person who violates the regulations shall be liable to a civil penalty in an
amount not to exceed [$500
to be established by the authority]
$100 for the first violation and an amount not to exceed $600 for each
subsequent violation. The penalty shall be enforced pursuant to the
"Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et
seq.).
b. Except as provided in subsection b. of section 8 of P.L.1997, c.59 (C.27:23-34.3), an owner of a vehicle shall be jointly and severally liable for the failure of an operator of the vehicle to comply with the toll collection monitoring system regulations. The owner of a vehicle shall be liable if such vehicle was used or operated by the operator with the express or implied permission of the owner when the violation of the toll collection monitoring system regulations was committed, and the evidence of the violation is obtained by a toll collection monitoring system. An owner of a vehicle shall not be liable if the operator of the vehicle has been identified and charged with a violation of section 10 of P.L.1951, c.264 (C.27:23-34) for the same incident.
c. A toll collection monitoring system acquired or operated by, or under contract to, the authority shall be so designed that it does not produce one or more photographs, microphotographs, a videotape, or other recorded image or images of the face of the operator or any passenger in a motor vehicle.
(cf: P.L.2003, c.79, s.37)
3. Section 14 of P.L.1951, c.264 (C.27:23-38) is amended to read as follows:
14. In addition to any punishment or penalty provided by other sections of this act, sections 7 and 8 of P.L.1997, c.59 (C.27:23-34.2 and C.27:23-34.3), or any other law, rule, regulation, or order of another state or tolling entity with which the authority or the New Jersey Motor Vehicle Commission, on behalf of the authority, has entered into a reciprocity agreement pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), every registration certificate and every license certificate to drive motor vehicles may be suspended or revoked and any person may be prohibited from obtaining a driver's license or a registration certificate and the reciprocity privileges of a nonresident may be suspended or revoked by the [Director of the Division of Motor Vehicles] Chief Administrator of the New Jersey Motor Vehicle Commission for a violation of any of the provisions of this act, after due notice in writing of such proposed suspension, revocation, or prohibition and the ground thereof and after the opportunity to be heard in an administrative proceeding, and otherwise in accordance with the powers, practice, and procedure established by those provisions of Title 39 of the Revised Statutes applicable to such suspension, revocation, or prohibition.
In addition to any punishment or penalty provided by P.L.1951, c.264 (C.27:23-25 et seq.) and sections 7 and 8 of P.L.1997, c.59 (C.27:23-34.2 and C.27:23-34.3), the authority or the New Jersey Motor Vehicle Commission may collect the civil penalties and tolls imposed by an out-of-state tolling entity if the authority or the New Jersey Motor Vehicle Commission, on behalf of the authority, has entered into a reciprocity agreement pursuant to section 4 of P.L. , c. (C. )