"School Zone Automated Speed Enforcement and Safety Act."

S3218

SENATE, No. 3218

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JANUARY 28, 2026

Sponsored by:

Senator� TROY SINGLETON

District 7 (Burlington)

Senator� RAJ MUKHERJI

District 32 (Hudson)

Co-Sponsored by:

Senator Diegnan

SYNOPSIS

���� �School Zone Automated Speed Enforcement and Safety
Act.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning automated speed enforcement in school
zones and supplementing and amending P.L.1992, c.91.

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

���� 1.��� (New section) This act
shall be known and may be cited as the �School Zone Automated Speed Enforcement
and Safety Act.�

���� 2.��� (New section) The
Legislature finds and declares that:�

���� a.��� Excessive speeding in
designated school zones places children, crossing guards, pedestrians, and
motorists at significant risk of injury or death.

���� b.��� Automated speed
enforcement systems, when implemented with strict transparency, privacy, and
equity protections and in accordance with due process protections, have been
shown to reduce speeding and improve safety in school zones.

���� c.��� Public confidence in
automated speed enforcement systems requires uniform Statewide standards for
signage, calibration, data privacy, vendor oversight, program reporting, fine
structures, and deployment criteria.

���� d.��� The purpose of this act
is to establish a narrowly-tailored framework focused on promoting child safety
through automated speed enforcement systems that ensure fairness,
accountability, and strict limitations on data and revenue use.

���� 3.��� Section 1 of P.L.1992,
c.91 (C.39:4-103.1) is amended to read as follows:�

���� 1.��� a.�
[
Notwithstanding
]

Except as
provided by sections 4 through 9 of
P.L. ,
c. (C. )
(pending
before the Legislature as this bill) and notwithstanding
any law, rule
,

or regulation to the contrary, a law enforcement officer or agency shall not
use
[
photo
radar
]

an automated speed enforcement system
to enforce the provisions of
chapter 4 of Title 39 of the Revised Statutes.

���� b.��� As used in this act
[
,
]

and
P.L. , c.
(C. )
(pending before the
Legislature as this bill):�

���� �
[
photo radar
]

Automated
speed enforcement system
� means a device
[
used
primarily for highway speed limit enforcement substantially consisting of a
radar unit linked to
]

with one or more motor vehicle sensors working in conjunction with
a
camera
[
,
which
]

and speed measurement technology that
automatically
records a motor
vehicle�s speed and
produces
[
a
photograph
]

a digital image
of a
motor
vehicle traveling at a speed in excess
of the
[
legal
]

posted
speed
limit.

����
�Commissioner� means the
Commissioner of Transportation.

����
�Department� means the
Department of Transportation.

����
�Governing authority� means
the municipality or county that administers the automated speed enforcement system.

����
�Motor vehicle� means the
same as that term is defined in R.S.39:1-1.

����
�School zone� means the
same as that term is defined in R.S.39:1-1.

����
�School
Zone Safety Improvement Fund� means the special non-lapsing fund established
pursuant to subsection a. of section 11 of P.L. ,
c. (C. )
(pending before the Legislature as this bill).

����
�Summons� means a citation
alleging a violation.

����
�Vendor� means any private
entity contracted by a governing authority to install, operate, maintain, or
process data from an automated speed enforcement system.

����
�Violation� means a
violation of the provisions of chapter 4 of Title 39 of the Revised Statutes
captured by an automated speed enforcement system.

(cf: �P.L.1992, c.91, s.1)

���� 4.��� (New section) a.� Each
municipality and county in the State may install and activate automated speed
enforcement systems to detect a violation in a school zone within the
municipality�s or county�s jurisdiction.� A resolution or ordinance approving
the installation of an automated speed enforcement system at each school zone
where the municipality or county seeks to install the automated speed
enforcement system shall be adopted at a public meeting.

���� b.��� An automated speed
enforcement system shall not be installed and activated unless the governing
authority conducts a traffic engineering and speed study documenting that the
school zone where the automated speed enforcement system is to be installed has
a high volume of pedestrian traffic and a documented safety need, including,
but not limited to: �

���� (1)� a high number of speeding
violations, as determined by the governing authority; or

���� (2)� a high number of
accidents involving motor vehicles, pedestrians, or bicyclists, as determined
by the governing authority.

���� c.��� An automated speed
enforcement system installed pursuant to this section shall, when properly
calibrated, be capable of:�

���� (1)� recording the speed of a motor
vehicle within plus or minus one mile per hour of the motor vehicle�s actual
speed;

���� (2)� capturing at least two
digital images of the motor vehicle exceeding the speed limit, at least one of
which shall include the license plate attached to the front or rear of the
motor vehicle; and

���� (3)� imprinting upon a digital
image of a motor vehicle identified as exceeding the speed limit:�

���� (a)�� the month, day, and year
of the alleged violation;

���� (b)� the time of the alleged
violation in hours, minutes, and seconds;

���� (c)�� a unique identifying
description of the location where the alleged violation occurred;

���� (d)� the posted or lawfully
designated speed limit for the school zone being monitored;

���� (e)�� the monitored speed of
the motor vehicle identified in the digital images as committing the alleged
violation; and

���� (f)�� the calibration
certification generated pursuant to subsection a. of section 7 of
P.L. , c.
(C. ) (pending before the
Legislature as this bill)
for the automated speed enforcement system.

���� 5.��� (New section) �a.� A
governing authority shall install, or cause to be installed, signage indicating
that an automated speed enforcement system is being utilized, which signage
shall indicate the boundaries of the school zone, and a flashing beacon or
other signal indicating when the automated speed enforcement system is active.

���� b.��� The dimensions and
location of the signage required pursuant to subsection a. of this section
shall:�

���� (1)� comply with all
applicable federal and State laws;

���� (2)� meet all design and
placement guidelines for such signs as established pursuant to the provisions
of the �Manual on Uniform Traffic Control Devices for Streets and Highways�
issued by the Federal Highway Administration in the United States Department of
Transportation; and

���� (3)� be approved by the
municipal or county engineer.

���� 6.��� (New section) �a.� Following
the review of a recorded digital image of a violation, a law enforcement agency
may issue a summons where a motor vehicle is observed traveling at least 10
miles per hour over the posted speed limit in the school zone where the
automated speed enforcement system is installed.

���� b.��� A summons shall not be
issued for any violation occurring within 60 days following the installation of
an automated speed enforcement system.� During the 60-day period, a warning
notice shall be issued in lieu of a summons.

���� c.��� After the 60-day period,
a summons shall only be issued for violations occurring Monday through Friday
between the hours of 7:00 a.m. to 4:00 p.m.

���� d.��� The registered owner of
a motor vehicle may contest a summons in accordance with
the applicable Rules of Court.

���� e.��� (1)

The registered owner or authorized operator of a motor vehicle found
liable for a violation
shall be subject to a maximum
fine of $75 per violation.� However, the governing authority shall arrange for
payment plans, fine reductions, or community service alternatives to the $75
fine for a
registered owner or authorized operator
who has demonstrated financial hardship, as determined by
the court having jurisdiction over the matter.� However, a fine shall not be
reduced below $25 unless the registered owner or authorized operator is
required to perform court-ordered community service.

���� (2)�
In
no event shall any motor vehicle points or automobile insurance eligibility
points, pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14), be assessed
against a registered owner or authorized operator found liable for a violation.

���� 7.��� (New
section) �a.� Each automated speed enforcement system installed and activated
pursuant to P.L. , c.
(C. ) (pending before the
Legislature as this bill) shall undergo daily self-diagnostic calibration
checks and annual independent calibration certifications, which shall be
completed by the law enforcement agency of the governing authority or the
vendor, provided that the vendor submits a copy of the self-diagnostic
calibration check and annual calibration certifications to the law enforcement
agency of the governing authority to be shared with the governing authority.

���� b.��� A
summons shall be void upon a finding that the automated speed enforcement
system that captured the alleged violation failed the daily self-diagnostic
calibration check required pursuant to subsection a. of this section on the day
of the alleged violation.

���� 8.��� (New
section) A vendor shall be compensated on a flat-fee or time-based model.� A
vendor shall not be compensated based on the number of summonses issued or the
amount of revenue generated in monetary fines collected pursuant to subsection e.
of section 6 of P.L. , c.
(C. ) (pending before the
Legislature as this bill).

���� 9.��� (New
section) �a.� An automated speed enforcement system shall only collect and
retain information relating to:�

���� (1)� the
license plate number of the motor vehicle operated during an alleged violation;

���� (2)�
the
monitored speed of the motor vehicle identified in the images as committing the
alleged violation
; and

���� (3)� the
date, time, and location of the alleged violation.

���� b.��� An
automated speed enforcement system shall not capture or retain images,
biometric data, or facial recognition data of an operator or occupants of a
motor vehicle operated during an alleged violation.

���� c.��� (1)
�Any image or data produced in connection with an automated speed enforcement
system pertaining to a specific violation that resulted in the issuance of a
summons shall be purged within 90 days of the final adjudication, including
payment of any fines or penalties assessed or completion of any court-ordered
non-monetary penalties, such as community service.

���� (2)� Any
digital image or data produced in connection with an automated speed
enforcement system pertaining to an alleged violation that did not result in
the issuance of a summons shall be purged within 30 days of the determination
not to issue a summons.

���� d.��� Except
where authorized by this section, data shall not be shared, sold, transferred,
or used by the governing authority or vendor.

���� 10.�
(New section) �a.� Beginning on August 1 following the installation and
activation of the automated speed enforcement system, and continuing on August
1 of each year thereafter, each governing authority shall publish on its
Internet website and submit to the department an annual report on information
collected from each automated speed enforcement system operated by the
governing authority, which report shall include, but not be limited to: �

���� (1)� motor
vehicle accident and injury data before and after the installation and
activation of an automated speed enforcement system in the respective school
zone;

���� (2)� the
total number of summonses issued in the past year;

���� (3)� the
total revenue generated in monetary fines collected pursuant to subsection e.
of section 6 of P.L. , c.
(C. ) (pending before the
Legislature as this bill);

���� (4)� the
total expenditures related to the installation, activation, and maintenance of
the automated speed enforcement system;

���� (5)� the
system error rates and calibration logs generated for the automated speed
enforcement system pursuant to subsection a. of section 7 of P.L. ,
c. (C. )
(pending before the Legislature as this bill); and

���� (6)� maps
indicating where the automated speed enforcement system is installed, together
with the governing authority�s safety justification for installing the
automated speed enforcement system in that location, as required pursuant to
subsection b. of section 4 of P.L. ,
c. (C. )
(pending before the Legislature as this bill).

���� b.��� Within
90 days of the August 1 deadline established pursuant to subsection a. of this
section, the department shall submit to the
Governor and, pursuant to
section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature
an annual report summarizing the reports received pursuant
to subsection a. of this section, the equity impacts of the automated speed
enforcement systems, including the number of summonses and fines and penalties
assessed in low-income areas, defined as those areas in which 25 percent or more
of students enrolled in the school on October 1 of the preceding school year
were federally eligible to receive free or reduced-price meals under the
National School Lunch Program or the federal School Breakfast Program, compared
to those areas in which less than 25 percent of students are federally eligible
to receive free or reduced-price meals, and the effectiveness of the automated
speed enforcement system at reducing speeding in the school zones where the
automated speed enforcement systems have been installed and activated.

���� 11.�
(New section) �a.� There is established in the department a special non-lapsing
fund to be known as the �School Zone Safety Improvement Fund.�

���� b.��� All
revenue generated in monetary fines collected pursuant to subsection e. of
section 6 of P.L. , c.
(C. ) (pending before the
Legislature as this bill) shall be deposited into the School Zone Safety
Improvement Fund, which funds shall be used exclusively for:�

���� (1)� pedestrian
safety initiatives and improvements, including sidewalk and crosswalk upgrades,
near schools;

���� (2)� efforts
aimed at reducing traffic near schools;

���� (3)� the
installation and maintenance of signage and beacons in school zones; and

���� (4)� crossing
guard training programs and salaries.

���� c.��� No
later than one year following the date of enactment of P.L. ,
c. (C. )
(pending before the Legislature as this bill), the department shall disburse to
each governing authority all monies collected in the fund during the prior
fiscal year in proportion to the number of violations in the prior fiscal year.

���� 12.� (New section) �This act
shall take effect 180 days after enactment, except that the Department of
Transportation may take anticipatory administrative action as may be necessary
to effectuate the act.� This act shall expire five years after the effective
date unless reauthorized by the Legislature.

STATEMENT

����
This bill, designated as the �School Zone Automated Speed Enforcement
and Safety Act,� authorizes each municipality and county to install and activate
automated speed enforcement systems (systems) in school zones within the jurisdiction
of the municipality or county (governing authority) administering the automated
speed enforcement system.

���� Under the bill, a system
is not to be activated unless the governing authority conducts a traffic
engineering and speed study that documents that the school zone has a high
volume of pedestrian traffic and a documented safety need, as outlined in the
bill.� The bill establishes certain capability requirements for a system that
is properly calibrated, as outlined in the bill.

���� The bill requires a governing
authority to install signage indicating a system is being utilized and
identifying the boundaries of the school zone and a flashing beacon or other
signal indicating when the system is active.� The dimensions and location of
the signage are to meet certain requirements, as outlined in the bill.

���� In addition, the bill
authorizes a law enforcement agency, following review of a recorded digital
image of a violation, to issue a summons where a motor vehicle is observed
traveling at least 10 miles per hour over the posted speed limit in the school
zone where the system is installed.� However, a summons is only to be issued
for violations occurring Monday through Friday between the hours of 7:00 a.m.
and 4:00 p.m.� The bill permits the registered owner (owner) or authorized
operator of a motor vehicle to contest a summons in accordance with the
applicable Rules of Court.

���� Under the bill, an owner or
authorized operator found liable for a violation captured by a system (violation)
is to be subject to a maximum fine of $75.� However, the governing authority is
to arrange for payment plans, fine reductions, or community service
alternatives to the fine for an owner or authorized operator who has
demonstrated financial hardship, as determined by the court, provided that the
fine is not reduced to less than $25 unless the owner or authorized operator is
required to perform court-ordered community service.� No motor vehicle points
or automobile insurance eligibility points are to be assessed for an owner or
authorized operator found liable for a violation.

���� Additionally, the bill
requires each system to undergo daily self-diagnostic calibration checks and
annual independent calibration certifications
, as
outlined in the bill
.� A summons is to be void upon a finding that the
system failed the
daily self-diagnostic calibration
check on the day of the alleged violation.

���� The
bill specifies that a vendor is to be compensated on a flat-fee or time-based
model and is prohibited from receiving compensation based on the number of
summonses issued or the amount of revenue generated in monetary fines.

���� The
bill establishes certain restrictions on the information collected and retained
by the system, as outlined in the bill.� The bill further requires a governing
authority to publish an annual report on information collected by the system,
as outlined in the bill, and requires the Department of Transportation
(department) to annually report certain information to the Governor and to the
Legislature, as outlined in the bill.

���� Finally,
the bill establishes a special non-lapsing fund, to be known as the �School
Zone Safety Improvement Fund,� and directs all revenue generated from monetary
fines for violations to be deposited into the fund to be used for certain
pedestrian safety initiatives, as outlined in the bill.� Beginning one year
following the date of enactment of the bill, the department is required to
disburse to each governing authority all monies collected in the fund during
the prior fiscal year in proportion to the number of violations in the prior
fiscal year.