Bill > A872

Introduced Session

This bill establishes a five-year pilot program to enforce traffic control signals and traffic signs at intersections that have a sign stating "don't block the box." The bill requires the Commissioner of Transportation (commissioner) to establish the program, which allows municipalities to apply to have automated cameras installed at intersections under their jurisdiction to aid in traffic enforcement for drivers who block those intersections. A "clear intersection monitoring system" installed and utilized pursuant to this bill is to be a type approved by the governing body of the municipality. In any municipality where the governing body has authorized the installation and use of a clear intersection monitoring system, the municipality is required to place signs notifying drivers on each street converging into the affected intersection. A clear intersection monitoring system is required to be inspected and certified at least once every six months by the municipal engineer from the date of its installation for the duration of the five-year pilot program. In any municipality in which the governing body has authorized the installation and use of a clear intersection monitoring system, a vendor contracting with that municipality concerning the installation and use of the system is required to establish a public awareness campaign to notify the public of the intersections at which the system will be installed and of the date on which the system will be activated. In any municipality where the governing body has authorized the installation and use of a clear intersection monitoring system, a law enforcement official is required to review the recorded images produced by the clear intersection monitoring system. The law enforcement officer is required, within 90 days from the date on which the violation occurred, to issue a summons where it is deemed appropriate. The recorded images are to be available for the exclusive use of any law enforcement official for the purposes of discharging the official's duties under the bill. Any recorded image or information produced in connection with the clear intersection monitoring system is not to be deemed a government record under the State's laws concerning access to public records. The recorded images are prohibited from being deemed 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, or from being offered in evidence in any civil or administrative proceeding not directly related to a traffic violation. Any recorded image or information produced in connection with the clear intersection monitoring system pertaining to a specific violation is required to 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 violation within 90 days, all recorded images and information collected pertaining to that alleged violation are required to be purged within three days. The owner and operator of a vehicle are jointly liable for a violation summons issued pursuant to the bill, unless the owner can show that the vehicle was used without the owner's consent, express or implied. An owner who pays any fine, penalty, civil judgment, costs, or administrative fees in connection with a violation issued pursuant to a clear intersection monitoring system has the right to recover that sum from the operator in a court of competent jurisdiction. The owner of a motor vehicle who is a lessor is not liable for a clear intersection violation summons issued under the bill when the motor vehicle is under the control or in the possession of the lessee, if upon notice of a 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. Motor vehicle points and automobile insurance eligibility points are prohibited from being assessed against any person for a violation occurring under the provisions of this bill. Each participating municipality is required to submit reports to the commissioner on the pilot program. The commissioner is required to issue an annual report to the Governor, President of the Senate, Speaker of the General Assembly, and the Legislature's transportation committees.

AI Summary

Committee Categories

Nicholas Chiaravalloti (D)*,  Angela Mcknight (D)*, 

Introduced, Referred to Assembly Transportation and Independent Authorities Committee (on 01/14/2020)