Bill Text: NJ S745 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires DOT and DLPS to implement weigh-in-motion monitoring program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Transportation Committee [S745 Detail]
Download: New_Jersey-2024-S745-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
SYNOPSIS
Requires DOT and DLPS to implement weigh-in-motion monitoring program.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act establishing a weigh-in-motion monitoring program, amending P.L.1950, c.142, and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1950, c.142 (C.39:3-84.3) is amended to read as follows:
5. a. Officers shall have authority as set forth in paragraphs (1) through (3) of this subsection to require the driver, operator, owner, lessee, or bailee of any vehicle or combination of vehicles found on any public road, street, or highway or any public or quasi-public property in this State to facilitate and permit the measurement or weighing of the vehicle or combination of vehicles, including load or contents, for the purpose of determining whether the size or weight of the vehicle or combination of vehicles, including load or contents, is in excess of that permitted in this Title:
(1) Officers of the Division of State Police shall have the exclusive authority to conduct random roadside examinations for the purpose of determining whether size or weight is in excess of that permitted in this Title, and officers of the Division of State Police shall have the authority, with or without probable cause to believe that the size or weight is in excess of that permitted, to require the driver, operator, owner, lessee, or bailee, to stop, drive or otherwise move to a location for measurement or weighing and submit the vehicle or combination of vehicles, including load or contents, to measurement or weighing;
(2) Police or peace officers or inspectors appointed by any municipality or county shall have the authority to require the driver, operator, owner, lessee, or bailee to stop, drive, or otherwise move to a location for measurement or weighing and submit the vehicle or combination of vehicles, including load or contents, to measurement or weighing, only if the officer has probable cause to believe that the size or weight of the vehicle or combination of vehicles, including load or contents, is in excess of that permitted by this Title; and
(3) [The] Except as provided in P.L. , c. (C. ) (pending before the Legislature as this bill), the Division of State Police and the director shall have the exclusive authority to establish and operate locations for the measurement and weighing of vehicles, including load and contents, and all measuring and weighing devices or scales employed at such locations shall be approved and certified by the State Superintendent of Weights and Measures or the State Superintendent's agent. Copies of documents displaying the State Superintendent's seal or certification shall be prima facie evidence of the reliability and accuracy of the measuring or weighing devices or scales utilized.
b. Whenever the officer, upon measuring or weighing a vehicle or combination of vehicles, including load or contents, determines that the size or weight is in excess of the limits permitted in this Title, the officer or inspector shall require the driver, operator, owner, lessee, or bailee to stop the vehicle or combination of vehicles in a suitable place and remain in that place until a portion of the load or contents of the vehicle or combination of vehicles is removed by the driver, operator, owner, lessee, bailee, or duly appointed agent thereof, as may be necessary to conform or reduce the size or weight of the vehicle or combination of vehicles, including load or contents, to those limits as permitted under this act, or permitted by the certificate of registration for the vehicle or combination of vehicles, whichever may be lower. All materials so unloaded or removed shall be cared for by the driver, owner, operator, lessee, or bailee of the vehicle or combination of vehicles, or duly appointed agent thereof, at the risk, responsibility, and liability of the driver, owner, operator, lessee, bailee, or duly appointed agent thereof.
c. No vehicle or combination of vehicles shall be deemed to be in violation of the weight limitation provision of this act, when, upon examination by the officer, or presented in defense to an enforcement action for a violation documented by a weigh-in-motion monitoring system pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), the dispatch papers for the vehicle or combination of vehicles, including load or contents, show it is proceeding from its last preceding freight pickup point within the State of New Jersey by a reasonably expeditious route to the nearest available scales or to the first available scales in the general direction towards which the vehicle or combination of vehicles has been dispatched, or is returning from such scales after weighing-in to the last preceding pickup point.
d. When the officer determines that a vehicle or combination of vehicles, including load or contents, is in violation of the weight limitations of this Title as provided at paragraph (1) of subsection b. of R.S.39:3-84; paragraph (2) of subsection b. of R.S.39:3-84; paragraph (3) of subsection b. of R.S.39:3-84; or paragraph (5) of subsection b. of R.S.39:3-84 relative to maximum gross axle weights, but is within the permissible maximum gross vehicle weight of this Title as provided at paragraph (4) of subsection b. of R.S.39:3-84 or paragraph (5) of subsection b. of R.S.39:3-84, whichever is applicable, the driver, operator, owner, lessee, bailee, or duly appointed agent thereof shall be permitted, before proceeding, to redistribute the weight of the vehicle or combination of vehicles or the load or contents of the vehicle or combination of vehicles so that no axle or combination of consecutive axles are in excess of the limits set by this act, in which event there is no violation.
e. When the officer determines that a vehicle or combination of vehicles, including load or contents, is in violation of the height, width, or length limits of this Title as provided at subsection a. of R.S.39:3-84, the driver, operator, owner, lessee, or bailee of the vehicle or combination of vehicles or duly appointed agent thereof shall be permitted, before proceeding, to adjust, reduce or conform the vehicle or combination of vehicles, including load or contents, so that the vehicle or combination of vehicles, including load or contents, are not in excess of the height, width, or length limits set by this act, in which event there is no violation.
f. The provisions of this subsection shall not apply to a vehicle or combination of vehicles, including load or contents, found or operated on any highway in this State which is part of or designated as part of the National Interstate System, as provided at [23 U.S.C. s. 103(e)] 23 U.S.C. 103(c). No arrest shall be made or summons issued for a violation of the weight limitations provided in this act at subsection b. of R.S.39:3-84 where the excess weight is no more than 5% of the weight permitted, provided the gross weight of the vehicle or combination of vehicles, including load or contents, does not exceed the maximum gross weight of 80,000 pounds as set forth at paragraph (4) of subsection b. of R.S.39:3-84.
g. Any person who presents to the officer, presents in defense to an enforcement action for a violation documented by a weigh-in-motion monitoring system pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), or has in his possession, or who prepares false dispatch papers, that is to say, dispatch papers which do not correspond to the cargo carried, shall be subject to a fine not to exceed $300.
h. Any driver of a vehicle or combination of vehicles who fails or refuses to stop, or to slow as may be required for measurement by a weigh-in-motion monitoring system in operation pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), and submit the vehicle or combination of vehicles, including load or contents, to measurement or weighing, as provided in this Title, or otherwise fails to comply with the provisions of this section, shall be subject to a fine not exceeding $200.00.
i. The owner, lessee, bailee, or any one of the aforesaid of any vehicle or combination of vehicles found or operated on any public road, street or highway or on any public or quasi-public property in this State in violation of the height, width or length limits as set forth in subsection a. of R.S.39:3-84 shall be fined not less than $150.00 nor more than $500.00.
j. The owner, lessee, bailee, or any one of the aforesaid of any vehicle or combination of vehicles found or operated on any public road, street or highway or on any public or quasi-public property in this State, with a gross weight of the vehicle or combination of vehicles, including load or contents, in excess of the weight limitations as provided at subsection b. of R.S.39:3-84 or section 3 of P.L.1950, c.142 (C.39:3-84.1) shall be fined an amount equal to $0.02 per pound for each pound of the total excess weight; provided the total excess weight is 10,000 pounds or less, or shall be fined an amount equal to $0.03 per pound for each pound of the total excess weight; provided the total excess weight is more than 10,000 pounds, but in no event shall the fine be less than $50.00. However, in the case of any vehicle or combination of vehicles carrying a sealed ocean container, either the shipper, the consignee or both, shall be liable for a violation of the weight limitations as provided at subsection b. of R.S.39:3-84 relative to maximum gross axle weights.
k. Whenever a vehicle or combination of vehicles, including load or contents, is found to be in violation of any two or more of the weight limitations as provided at subsection b. of R.S.39:3-84 or section 3 of P.L.1950, c.142 (C.39:3-84.1), the fine levied shall be only for the violation involving the greater or greatest excess weight.
l. The driver, owner, lessee, bailee, or any one of the foregoing of any combination of vehicles found or operated on any public road, street, or highway or on any public or quasi-public property in the State in violation of the regulations of the Commissioner of Transportation regarding designated routes for such combinations as provided in subsection e. of R.S. 39:3-84 shall be fined not more than $400 for the first offense, and shall be subject to a fine of $700 for the second offense and a fine of $1,000 for each subsequent offense. The officer may direct that a combination of vehicles so found or operated proceed by the most direct route to a permitted route or return to a permitted route by making use of the route already traversed.
(cf: P.L.1999, c.348, s.3)
2. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Enforcement action" means the enforcement of R.S.39:4-75, R.S.39:4-76, or R.S.39:3-84, following a violation.
"Enforcement notification" means a notification generated automatically and transmitted electronically to the Department of Law and Public Safety by the system upon detection of a violation. "Enforcement notification" includes the weight recorded, the time and date of the violation, and the individual vehicle information of the vehicle for which the violation was recorded.
"In proximity" means within 100 feet.
"Individual vehicle information" means license plate numbers, photographs, recordings, or other methods of identifying a particular vehicle or the driver, operator, owner, lessee, or bailee of the vehicle. "Individual vehicle information" does not include any information about a violation that cannot be used to trace a violation to the identity of the driver, operator, owner, lessee, or bailee of a vehicle, such as the measurement of vehicle weight.
"Notice of warning" means a notice of a violation and indication that an identical violation occurring more than 90 days after the initial operation of a system will result in an enforcement action, which notice is sent from the Department of Law and Public Safety by first-class mail to a driver, operator, owner, lessee, or bailee of a vehicle that is the subject of a violation.
"Personal information" means a name, registered address, driver's license, social security number, individual vehicle information, photograph, recording, or other method of identifying a driver, operator, owner, lessee, or bailee of a vehicle.
"Scale" means the equipment that detects the weight of a vehicle in motion, which equipment is part of a weigh-in-motion monitoring system.
"Structural inspection" means an inspection of a bridge conducted by or at the direction of the Department of Transportation, which inspection is triggered by a structural monitoring notification under the conditions determined by the Department of Transportation pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
"Structural monitoring notification" means a notification transmitted electronically to the Department of Transportation, which notification shall include the weight recorded, the time, the date, and other information relevant to a violation detected by a system as the Department of Transportation may find necessary to determine the necessity or timing of a structural inspection.
"Violation" means a recording
by the system of a violation of maximum gross vehicle weight or axle weight
pursuant to
R.S.39:4-75, R.S.39:4-76, or R.S.39:3-84.
"Weigh-in-motion monitoring program" or "program" means the installation, maintenance, and use of weigh-in-motion monitoring systems pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
"Weigh-in-motion monitoring system" or "system" means the equipment installed pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
3. (New section) a. The Department of Transportation, in coordination with the Department of Law and Public Safety, shall establish a weigh-in-motion monitoring program consistent with P.L. , c. (C. ) (pending before the Legislature as this bill), which program shall be administered in accordance with existing State and federal law. The program shall include the placement and use of weigh-in-motion monitoring systems to detect violations in proximity to the entrances of bridges selected by the Department of Transportation for the program.
b. The Department of Transportation, in consultation with the Department of Law and Public Safety, shall determine locations for weigh-in-motion monitoring systems, which locations shall be selected in accordance with the following factors:
(1) the proximity to the entrance of a bridge whose condition is categorized as poor for the purposes of the National Bridge Inventory;
(2) the 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) the frequency of recent violations documented on a roadway or in proximity to a bridge; and
(4) any other factors determined by the Department of Transportation, in consultation with the Department of Law and Public Safety, to be appropriate.
c. Each weigh-in-motion
monitoring system is required to have the capacity to automatically record the
time, date, location, individual vehicle information, and any other information
as the Department of Transportation, in consultation with the Department of Law
and Public Safety, may determine appropriate for each violation. Each system
is required to have the capacity to send structural monitoring notifications to
the Department of Transportation, pursuant to subsection a. of section 4 of
P.L. ,
c. (C. ) (pending before the Legislature as this bill), and
enforcement notifications to the Department of Law and Public Safety, pursuant
to subsection a. of section 5 of P.L. ,
c. (C. ) (pending before the Legislature as this bill).
d. Each weigh-in-motion monitoring system shall consist of the following equipment:
(1) a scale calibrated in accordance with State and federal law;
(2) at least one camera positioned to capture both vehicle entrance onto a bridge where a system is installed pursuant to this section and the individual vehicle information of a vehicle suspected of a violation;
(3) signage indicating the speed limit for vehicles passing over the scale if a maximum speed is necessary to fulfill the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill), which maximum speed is lower than the speed limit of the roadway or the bridge in proximity to the system; and
(4) any other equipment, including software, the Department of Transportation or Department of Law and Public Safety finds necessary to the administration of P.L. , c. (C. ) (pending before the Legislature as this bill).
e. Each system shall be programmed to automatically record violations and to document individual vehicle information, vehicle weight, and images captured by the camera or cameras installed pursuant to subsection d. of this section.
4. (New section) a. Each system shall be programmed to automatically send a structural monitoring notification to the Department of Transportation upon detection of a violation. The Department of Transportation is authorized to program the systems to send a structural monitoring notification only upon violations recorded above an excess weight threshold or in combination with other conditions, which weight threshold or conditions shall be determined by the Department of Transportation or by State or federal law.
b. Within 30 days of a structural monitoring notification, the Department of Transportation shall determine whether the violation, alone or in combination with other conditions, triggers the need for a structural inspection of a bridge.
c. If the Department of Transportation determines that a structural inspection is required pursuant to subsection b. of this section, the Department of Transportation shall conduct, or cause to be conducted, a structural inspection within 30 days after the determination that a structural inspection is required.
5. (New section) a. Each system shall be programmed to automatically send an enforcement notification to the Department of Law and Public Safety upon detection of a violation. The Department of Law and Public Safety is authorized to program the systems to send an enforcement notification only upon violations recorded above an excess weight threshold, which weight threshold shall be determined by the Department of Law and Public Safety in conjunction with local, State, or federal law.
b. The Department of Law and Public Safety is authorized to commence an enforcement action pursuant to existing State or federal law based upon a violation recorded by a system installed pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. For any violation recorded by a system installed pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), during the first 90 days of the initial operation of a system, which violation is determined by the Department of Law and Public Safety to merit an enforcement action, a notice of warning shall instead be issued within 30 days of the determination that an enforcement action is appropriate.
6. (New section) a. Records
of individual vehicle information and personal information shall not be
retained, used, or disclosed for any purpose not related to the administration
of P.L. ,
c. (C. ) (pending before the Legislature as this bill).
b. Individual vehicle information and personal information recorded or retained for the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be considered a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law concerning access to government records.
7. (New section) The costs
of planning and implementing
P.L. , c. (C. ) (pending before the Legislature as this bill)
shall be funded by monies from the "Transportation Trust Fund Account,"
established by section 20 of P.L.1984, c.73
(C.27:1B-20).
8. (New section) a. The Department of Transportation shall prepare an annual report on the program, which report shall be published on the Department of Transportation's Internet website. The report shall include, but shall not be limited to:
(1) the locations and dates of weigh-in-motion monitoring system use pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill);
(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 Department of Transportation shall deem relevant for analysis of the program;
(4) the total capital spent on repairs or reconstruction following structural inspections conducted pursuant to subsection c. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(5) the total revenue realized by and expenses incurred by the Department of Transportation in connection with administering the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The Department of Law and Public Safety shall prepare an annual report on the program, which report shall be published on the Department of Law and Public Safety's Internet website. The report shall include, but shall not be limited to:
(1) the number of enforcement actions adjudicated pursuant to subsection b. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) and the outcomes;
(2) the number of fines issued and total amount of fines paid after the first enforcement action is commenced issued pursuant to subsection b. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(3) the total revenue realized by and expenses incurred by the Department of Law and Public Safety in connection with administering the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
9. (New section) P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be construed to affect, waive, or supersede any conflicting State or federal law, rule, or regulation governing load capacity, vehicle weight, or infrastructure inspection.
10. (New section) a. The Department of Transportation, in consultation with the Department of Law and Public Safety, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations consistent with the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill) concerning the weigh-in-motion monitoring program. The Department of Transportation shall include in its rules and regulations, at a minimum:
(1) criteria for the Department of Transportation to select locations and determine equipment needed for systems installed pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) protocols for the collection, processing, use, and disposal of records created by systems installed pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), 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 of Transportation deems appropriate, trigger a structural
monitoring notification pursuant to subsection a. of section 4 of P.L. ,
c. (C. ) (pending before the Legislature as this bill);
(4) standards for the number and type of violations that, along or in combination with other factors, trigger a structural inspection pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(5) specifications for the acquisition and maintenance of equipment necessary to administer P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The Department of Law and Public Safety shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) rules and regulations consistent with the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill) concerning the weigh-in-motion monitoring program. The Department of Law and Public Safety shall include in its rules and regulations, at a minimum:
(1) protocols for the collection, processing, use, and disposal of records created by systems installed pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), including individual vehicle information and personal information;
(2) standards for a
violation to trigger an enforcement notification pursuant to subsection a. of
section 5 of P.L. ,
c. (C. ) (pending before the Legislature as this bill); and
(3) standards for a violation to merit an enforcement action pursuant to subsection b. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
11. This act shall take effect immediately.
STATEMENT
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.
