Friday, April 8, 2011

New Jersey Photo Red-Light Ticket

New Jersey Photo Red-Light Ticket

Traffic control signal monitoring systems (also known as the “RLR System”) is an integrated system used to record evidence authorities need to prosecute red-light runners and other traffic violators. The system is made up of a single camera, or a multiple camera system, which trigger vehicle sensors when a violation occurs to capture the traffic violation in live time.

The New Jersey Department of Transportation (NJDOT) announced the designation of ten new municipalities for the Red-Light Running Automated Enforcement pilot program. Hoboken, Morris Township, South Brunswick, Woodbridge, Gloucester Township, Cherry Hill, Stratford, Deptford, Monroe and Glassboro were designated for participation.

Each of the selected municipalities includes specific locations that have a proven history of violations and crashes related to red-light running. Previous engineering, police enforcement, and education efforts have not been able to successfully lower the rate of such crashes and violations. The program is designed to determine if a traffic control signal monitoring system may be an effective long-term tool to increase safety at these locations. Each municipality will set up its own distribution system for citations that result from camera images.

The Assembly Bill 4314 established a five-year pilot program to determine the effectiveness of the installation and utilization of traffic control signal monitoring systems. Similar programs have been implemented in twenty-four states other then New Jersey. The NJDOT designated Brick Township, Newark, East Brunswick, Piscataway, Roselle Park, Stafford, Edison, Jersey City, Lawrence, Linden, New Brunswick and Wayne for participation in the first-year pilot program. Although violators are not given points for infractions caught by red-light cameras, it is considered a moving violation. Therefore, if you are on DMV of MVC probation your driver license will be suspended if you are issued a moving violation via a red-light camera.

Statute:

39:4-8.15 Review of recorded images by law enforcement official; issuance of summons.


4. a. In any municipality where the governing body has authorized the installation and use of a traffic control signal monitoring system, a law enforcement official of such municipality shall review the recorded images produced by the traffic control signal monitoring system. In conducting such review, the law enforcement official shall determine whether there is sufficient evidence to conclude that a traffic control signal violation has occurred and shall issue, within 90 days from the date on which the violation occurred, a summons where it is deemed appropriate. A traffic control signal violation summons issued pursuant to a traffic control signal monitoring system established in accordance with this act shall be served by a law enforcement official in accordance with the Rules of Court. Except as otherwise provided in this subsection, the recorded images produced by the traffic control signal monitoring system shall be available for the exclusive use of any law enforcement official for the purposes of discharging the official's duties pursuant to P.L.2007, c.348 (C.39:4-8.12 et seq.).

Any recorded image or information produced in connection with the traffic control signal monitoring system 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 recorded images 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 traffic control signal violation. Any recorded image or information produced in connection with the traffic control signal monitoring system pertaining to a specific violation shall be purged and not retained later than 60 days after the collection of any fine or penalty. If a law enforcement official does not issue a summons for a traffic control signal violation within 90 days, all recorded images and information collected pertaining to that alleged violation shall be purged within three days. Any municipality operating a traffic control signal monitoring system shall certify compliance with this subsection in the report required to be filed with the Commissioner of Transportation pursuant to section 6 of P.L.2007, c.348 (C.39:4-8.17).



b. Except as provided in subsection c. of this section, the owner and operator shall be jointly liable for a traffic control signal violation summons issued pursuant to a traffic control signal monitoring system established in accordance with this act, unless the owner can show that the vehicle was used without his consent, express or implied. An owner who pays any fine, penalty, civil judgment, costs or administrative fees in connection with a traffic control signal violation issued pursuant to a traffic control signal monitoring system shall have the right to recover that sum from the operator in a court of competent jurisdiction.



c. The owner of a motor vehicle who is a lessor shall not be liable for a traffic control signal violation summons issued pursuant to this act when the motor vehicle is under the control or in the possession of the lessee, if upon notice of a traffic control signal violation, the owner of the motor vehicle which was leased at the time of the offense notifies the clerk of the court where the case is pending, by an affidavit of the name and address of the lessee. The affidavit shall be in a form prescribed by the Administrative Director of the Courts. After providing the name and address of the lessee, the owner shall not be required to attend a hearing of the offense, unless otherwise notified by the court.



d. In no case shall 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 any person for a violation occurring under the provisions of this act.

Why Photo Radar?

Many communities lack the resources necessary for police officers to patrol intersections necessary to ticket all motorists who run red lights.

Red-light cameras are designed to identify traffic law violations without depending on the presence of police officers. The technology frees up valuable law enforcement resources and allows communities

to focus on other law enforcement needs.

How Red-Light Cameras Work:

Red-light cameras operate through in-ground sensors that continuously monitor each passing vehicle. If a vehicle enters an intersection after the

signal has turned red; the sensors trigger a higher resolution digital camera system. Those vehicles still in an intersection when a yellow light turns red are not considered in violation. The vehicle must enter after the light turns red to be considered a violation. When a violation occurs, the cameras record several still images of the vehicle, its rear license plate and the date; time of day and time elapsed since the beginning of the red signal. A video of the incident is also recorded. Some communities hold the vehicle owner responsible for the violation. In other communities, the driver of the

vehicle is held responsible for the violation. In these communities, an additional image of the driver’s face is recorded.

The law requires that drivers bring their vehicle to a full and complete stop before proceeding right on red.

In addition to drivers who enter an intersection during a red-light, drivers who fail to stop before making a right turn on red may also be issued a citation. The law requires that drivers bring their vehicle to a full and complete stop before proceeding right on red. Before a ticket is ever issued, the violation is reviewed in a four-step process by trained technicians to ensure that a violation occurred. An agent of the city, such as a police officer, then conducts a careful review of the photographs and video evidence of each incident and then provides the final authorization to issue a citation. A notice of violation is then sent by mail.

The registered owner of the vehicle can view additional information online at www.photonotice.com, along with photos and video of the violation. Users are also given the option to pay online after viewing the evidence.

Enforcement cameras have been used more than 20 years in the United States. In that time, they have proven to be extremely accurate and

reliable.

Do I get points on my license?

A. In no case shall 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 any person for a violation occurring under the provisions of this act. The ticket for a violation of New Jersey Title 39:4-81, Failure to Observe Signal is the responsibility of the registered owner of the vehicle.

Q. How much will a red light running ticket cost?

A. The fine for an uncontested ticket is $85.00. The fine is higher if contested.