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A4500
ASSEMBLY, No. 4500
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 9, 2026
Sponsored by:
Assemblyman� ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
���� Requires NJTA and SJTA to ensure toll collection
monitoring system is functioning properly prior to issuing advisory and payment
request and administrative fee.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the functionality of the toll
collection monitoring system and amending 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 based upon the actual cost of processing and
collecting the violation.� 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.).
����
f.���� (1) Prior to sending
an advisory and payment request and issuing any administrative fee for an
alleged violation of the toll collection monitoring system, the authority shall
ensure that the toll collection monitoring system is functioning properly without
any technical or mechanical errors in a manner consistent with paragraph (3) of
this subsection.
����
(2)�� In the event the
authority determines the toll collection monitoring system is not functioning
properly, the authority shall take the necessary steps to restore the
functionality of the toll collection monitoring system and shall not send any
advisory and payment requests or issue any administrative fees for alleged
violations of the toll collection monitoring system until the toll collection
monitoring system has been fixed and is determined to be functioning properly.
����
(3)�� The authority shall
determine the manner and frequency in which the toll collection monitoring
system shall be evaluated for functionality prior to sending an advisory and
payment request and issuing any administrative fee for an alleged violation of
the toll collection monitoring system.
(cf: �P.L.2005, c.62, s.1)
���� 2.��� 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 based upon the actual cost of processing and collecting the
violation.� 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.).
����
f.���� (1) Prior to sending
an advisory and payment request and issuing any administrative fee for an
alleged violation of the toll collection monitoring system, the authority shall
ensure that the toll collection monitoring system is functioning properly without
any technical or mechanical errors in a manner consistent with paragraph (3) of
this subsection.
����
(2)�� In the event the
authority determines the toll collection monitoring system is not functioning
properly, the authority shall take the necessary steps to restore the
functionality of the toll collection monitoring system and shall not send any
advisory and payment requests or issue any administrative fees for alleged
violations of the toll collection monitoring system until the toll collection
monitoring system has been fixed and is determined to be functioning properly.
����
(3)�� The authority shall
determine the manner and frequency in which the toll collection monitoring
system shall be evaluated for functionality prior to sending an advisory and
payment request and issuing any administrative fee for an alleged violation of
the toll collection monitoring system.
(cf: �P.L.2005, c.62, s.2)
���� 3.��� This act shall take
effect on the first day of the third month after the month in which
P.L. , c.
(C. )
(pending before the
Legislature as this bill) is enacted, but the New Jersey Turnpike Authority and
South Jersey Transportation Authority may take such anticipatory administrative
actions in advance thereof as shall be necessary to implement the provisions of
this act.
STATEMENT
���� This bill requires the New
Jersey Turnpike Authority (NJTA) and South Jersey Transportation Authority
(SJTA) to ensure that the toll collection monitoring system is functioning
properly without any technical or mechanical errors prior to sending an
advisory and payment request and issuing any administrative fee for an alleged
violation of the toll collection monitoring system.� In the event the NJTA or
SJTA determines the toll collection monitoring system is not functioning
properly, the NJTA or SJTA, as appropriate, is required to take the necessary
steps to restore the functionality of the toll collection monitoring system and
is prohibited from sending any advisory and payment requests or issuing any
administrative fees for alleged violations of the toll collection monitoring
system until the toll collection monitoring system has been fixed and is
determined to be functioning properly.� The NJTA and SJTA are required to
determine the manner and frequency in which each toll collection monitoring
system will be evaluated for functionality prior to sending an advisory and
payment request and issuing any administrative fee for an alleged violation of
the respective toll collection monitoring system.