New Jersey Administrative Code › Title 19 - OTHER AGENCIES › SOUTH JERSEY TRANSPORTATION AUTHORITY › Chapter 2 - ATLANTIC CITY EXPRESSWAY › Subchapter 8 - ELECTRONIC TOLL COLLECTION MONITORING SYSTEM › Section 19:2-8.2 - Electronic toll collection monitoring system violation; advisory and payment request

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be
				  a violation of this subchapter for an owner, operator, lessor or lessee to fail
				  to pay the toll for passage of a vehicle on the Atlantic City Expressway, if
				  the toll violation is recorded by a toll collection monitoring system as
				  defined in
				  19:2-8.1.
(b) Within 30 days from the date that a toll
				  violation is recorded by a toll collection monitoring system, the Authority or
				  its agent may send an Advisory and Payment Request to the owner of the
				  violating vehicle by regular mail as provided by
				  P.L.
				  1997, c. 59. Upon
				  receipt of the Advisory and Payment Request, the owner of the violating vehicle
				  shall pay to the Authority or its agent, the proper toll and an administrative
				  fee of $ 50.00 per violation. If the owner fails to pay the required toll and
				  fee within 60 days of the date on which the Advisory and Payment Request was
				  sent, the owner shall be subject to penalties as prescribed in
				  19:2-8.3. The Authority or its
				  agent may cause additional Advisory and Payment Requests to be issued in regard
				  to an unresolved violation.
(c) The
				  Advisory and Payment Request shall contain the name and address of the person
				  alleged to be liable as an owner for a violation of this section, the license
				  plate number of the vehicle involved in such violation, the location where such
				  violation took place, and the date and time of such violation.
(d) The Advisory and Payment Request shall
				  contain information advising the person named of the manner in which he or she
				  may contest the liability alleged in the Advisory and Payment Request or assert
				  that liability should not attach in a given instance due to circumstances that
				  caused an inadvertent toll violation. Such Advisory and Payment Request shall
				  also contain advice that persons failing to pay the indicated penalty or
				  failing to contest the liability will render the owner subject to the penalty
				  described in
				  19:2-8.3.
(e) If an owner receives an Advisory and
				  Payment Request pursuant to this section for any time period during which the
				  vehicle was reported to the police as having been stolen, it shall be a valid
				  defense to an allegation of liability for a violation of this section that the
				  vehicle had been reported to the police as stolen prior to the time the
				  violation occurred and had not been recovered by such time. If an owner
				  receives an Advisory and Payment Request pursuant to this section for any time
				  period during which the vehicle was stolen, but not as yet reported to the
				  police as having been stolen, it shall be a valid defense to an allegation of
				  liability for a violation of this section that the vehicle was reported stolen
				  within two hours after the discovery of the theft by the owner. For purposes of
				  asserting that the vehicle was stolen, it shall be sufficient that a certified
				  copy of the police report on the stolen vehicle be sent first class mail to the
				  Authority or its agent at the address specified on the Advisory and Payment
				  Request.
(f) An owner who is a
				  lessor of a vehicle to which an Advisory and Payment Request was issued
				  pursuant to this section shall not be liable for the violation provided that
				  the lessor submits to the Authority or the party issuing the Advisory and
				  Payment Request a copy of the rental, lease or other such contract document
				  covering such vehicle on the date of the violation (with the name and address
				  of the lessee clearly legible), within 30 days after receiving the original
				  Advisory and Payment Request. Failure to send such information within such 30
				  day time period shall render the lessor liable for the prescribed penalty. If
				  the lessor complies with the above provisions, and the lessee is sent an
				  Advisory and Payment Request within 30 days of such compliance by the lessor,
				  the lessee of such vehicle on the date of such violation shall be deemed to be
				  the owner of such vehicle for purposes of this section and shall be subject to
				  liability for same.
(g) The
				  Authority shall authorize an employee or agent to be a complaining witness to
				  make, sign and initiate complaints and to issue summonses in the name of the
				  Authority on behalf of the State, to the extent permitted by and pursuant to
				  the Rules Governing the Courts of the State of New Jersey.
(h) The Authority may adopt a form of
				  contract ("subscription agreement") which may set forth the terms and
				  provisions that govern the responsibilities, duties and obligations of an owner
				  as a subscriber to the Authority's electronic toll collection system which
				  contract may include the termination of the owner as a patron of the
				  Authority's electronic toll collection system if the owner fails to comply with
				  the terms and provisions of the aforesaid contract.