Bill Text: NJ A1656 | 2016-2017 | Regular Session | Introduced
Bill Title: Permits service of parking tickets by mail.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Law and Public Safety Committee [A1656 Detail]
Download: New_Jersey-2016-A1656-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
SYNOPSIS
Permits service of parking tickets by mail.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning parking tickets and amending P.L.1985, c.14.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1985, c.14 (C.39:4-139.4) is amended to read as follows:
3. a. The complaint and summons shall be a uniform traffic ticket in the form prescribed by the Administrative Director of the Courts and shall contain information advising the person to whom it is issued of the manner in which and the time within which an answer to the offense alleged is required. The parking ticket shall also advise that penalties may result from a failure to answer, that the failure to answer or appear shall be considered an admission of liability, and that a default judgment may be entered against the owner of the vehicle.
b. A parking ticket shall be served personally upon the operator of a vehicle who is present at the time of service, and [his] the operator's name shall be recorded on the parking ticket, together with the plate number and type as shown by the registration plates of the vehicle and the make or model of the vehicle. If the operator is not present, the parking ticket shall be served upon the owner of the vehicle by affixing the parking ticket to the vehicle in a conspicuous place [,] or by [any other method appropriate under R.4:4-4 of the Rules Governing the Courts of the State of New Jersey] regular and certified mail to the registered owner of the vehicle, which shall have the same effect as if the parking ticket was personally served on the owner or operator of the vehicle.
c. A parking ticket shall also contain sufficient information to inform the person of the nature, date, time and location of the offense alleged. [Service of a parking ticket by affixation as provided in subsection b. of this section shall have the same effect as if the parking ticket was personally served on the owner or operator of the vehicle.]
d. The original parking ticket shall be signed by the complainant, who shall certify to the truth of the facts set forth therein. The original parking ticket or a true copy of the parking ticket shall be considered a record kept in the ordinary business of the enforcement agency and shall be prima facie evidence of the facts contained therein.
e. An operator of a vehicle who is not the owner, but who uses or operates the vehicle with the permission of the owner, express or implied, shall be considered the agent of the owner to receive parking tickets served personally, by affixation, or by regular and certified mail, in accordance with subsection b. of this section.
f. In any municipality where the governing body has authorized the installation and use of a remote monitoring system to monitor parking, such as through the use of video surveillance equipment or closed circuit television, a law enforcement official of the municipality shall review the recorded images produced by the remote monitoring system to determine whether there is sufficient evidence to conclude that a parking violation has occurred. A law enforcement official shall issue a parking ticket within 30 days from the date on which the violation occurred, where it is deemed appropriate. A parking ticket issued pursuant to this subsection shall be served in accordance with subsection b. of this section. No parking ticket shall be issued pursuant to this subsection if the remote monitoring system or equipment was not expressly authorized by the governing body of the municipality to monitor parking.
(cf: P.L.1985, c.14, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill provides that parking tickets may be served upon the owner of a vehicle by regular and certified mail if the operator is not present. The bill would also allow parking tickets to be served by regular and certified mail when they are issued in a municipality using a remote monitoring system to monitor parking.
Under current law, a parking ticket is to be: (1) served upon the operator of the vehicle who is present at the time of service; (2) affixed upon the vehicle in a conspicuous place; or (3) served by any method under R.4:4-4 of the Rules Governing the Courts of the State of New Jersey. By amending current law, parking tickets could additionally be served by registered or certified and ordinary mail. Mailing a parking ticket, under the bill, would have the same effect as if the parking ticket was personally served on the owner or operator of the vehicle.
Further, the bill provides that in any municipality where the governing body has authorized the installation and use of a remote monitoring system to monitor parking, such as through the use of video surveillance equipment or closed circuit television, a law enforcement official of the municipality may review the recorded images produced by the remote monitoring system to determine whether there is sufficient evidence to conclude that a parking violation has occurred. The law enforcement official is to issue a parking ticket within 30 days of the violation. No parking ticket is to be issued if the remote monitoring system or equipment was not expressly authorized by the governing body of the municipality to monitor parking.
