Bill > A1496

Introduced Session

This bill requires the Department of Transportation (DOT), in consultation with the Department of Law and Public Safety (DLPS), to establish a weigh-in-motion monitoring program (program), which program is to be funded from the Transportation Trust Fund Account. The program is required to include the placement and use of weigh-in-motion stations to monitor vehicle weight as vehicles approach certain bridges. To determine locations for the weigh-in-motion monitoring systems, the DOT, in consultation with the DLPS, is to consider: (1) proximity to a bridge whose condition is categorized as poor by the National Bridge Inventory; (2) condition of a bridge as determined by a structural inspection or any other inspection of the bridge conducted in compliance with State or federal law; (3) frequency of recent violations documented on a roadway or in proximity to a bridge; and (4) any other factors determined by the DOT, in consultation with the DLPS, to be appropriate. Each system is required to include a scale, at least one camera to capture vehicle information, signage to indicate modified speed limits as needed, and other equipment as the DOT or DLPS find necessary. The bill provides that records of individual vehicle information or personal information are not to be retained, used, or disclosed for a purpose unrelated to the bill's provisions. Each system is required to be capable of automatically sending notifications upon detection of a violation to the DOT and the DLPS, which departments have respective duties under the bill. Department of Transportation The DOT is to receive a structural monitoring notification upon detection of such violations as the DOT may program the systems to report. Within 30 days of a structural monitoring notification, the DOT is required to determine whether a structural inspection of the bridge is necessary. Within 30 days of a determination that a structural inspection is required, the DOT is required to conduct the structural inspection or arrange for it to be conducted. The DOT is required to annually publish a report on the program on its Internet website. The DOT's annual report is to include: (1) the locations and dates of weigh-in-motion monitoring system use; (2) the total number of vehicles weighed and the total number of violations recorded by each system; (3) any patterns of violations by frequency, location, or amount of excess gross vehicle weight and axle weight, as the DOT deems relevant for analysis of the program; (4) the total capital spent on repairs or reconstruction following structural inspections; and (5) the total revenue realized by and expenses incurred by the DOT in connection with administering the provisions of the bill. The DOT is required to issue rules and regulations, including at a minimum: (1) criteria for the DOT to select locations and determine equipment needed for systems; (2) protocols for the collection, processing, use, and disposal of records created by systems, including individual vehicle information and personal information; (3) standards for the number and type of violations that, alone or in combination with other factors, and as the department deems appropriate, trigger a structural monitoring notice; (4) standards for the number and type of violations that, along or in combination with other factors, trigger a structural inspection; and (5) specifications for the acquisition and maintenance of equipment necessary to administer the provisions of the bill. Department of Law and Public Safety The DLPS is to receive an enforcement notification upon detection of such violations as the DLPS may program the systems to report. The DLPS is authorized to use the weigh-in-motion monitoring systems to enforce vehicle weight restrictions that already exist under current law. However, for any violation occurring within 90 days after a system becomes operational, the DLPS is required to issue a notice of warning, rather than commence an enforcement action, which notice of warning is to be issued to the driver, operator, owner, lessee, or bailee of a vehicle that is the subject of a violation within 30 days of a determination that the violation merits an enforcement action. The DLPS is required to annually publish a report on the program on its Internet website. The DLPS's annual report is to include: (1) the number of enforcement actions adjudicated; (2) the number of fines issued and total amount of fines paid after the first enforcement action is commenced; and (3) the total revenue realized by and expenses incurred by the DLPS in connection with administering the provisions of the bill. The DLPS is required to issue rules and regulations, including at a minimum: (1) protocols for the collection, processing, use, and disposal of records created by systems installed, including individual vehicle information and personal information; (2) standards for a violation to trigger an enforcement notification; and (3) standards for a violation to merit an enforcement action.

Committee Categories

Robert Karabinchak (D)*,  Ellen Park (D)*, 

Introduced, Referred to Assembly Transportation and Independent Authorities Committee (on 01/09/2024)

Official Document