New Jersey § 39:4-8

§ 39:4-8.

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 1 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. e. (Deleted by amendment, P.L.2009, c. 52 ) 1

L.2007, c. 348 (N.J.S.A. § 39:4-8.12 et seq.)