CIRCULAR NO.: 91-30-GSA

ATTENTION: DIRECTORS OF ADMINISTRATION, CHIEF FISCAL OFFICERS,
FACILITIES DIRECTORS

SUBJECT: STATE VEHICLE PARKING VIOLATION CONTROL POLICY

EXPIRE DATE: INDEFINITE

BACKGROUND:

Under N.J.S.A. 39:4-139.5a, vehicle owners and drivers are jointly
responsible for parking violations. The State of New Jersey and its
employees who drive State vehicles are liable for all parking
tickets issued against State vehicles.

PURPOSE:

The purpose of this Circular Letter is to reaffirm the obligation
of State vehicle drivers to contest or pay all parking tickets
issued against vehicles assigned to them, and to establish policies
and procedures for the consistent, timely resolution of all parking
violations issued against State vehicles.

POLICY:

It shall be the policy of the State to resolve (i.e., contest or pay
fines against) all parking violations issued by any Federal, State,
County or municipal court against any State-owned or leased vehicle.

Drivers of State vehicles shall be responsible for resolving with
the appropriate Court all parking violations issued against vehicles
assigned to them. Drivers who fail to resolve such violations shall
be subject to progressive disciplinary action.

Agency heads shall be responsible for ensuring timely resolution
of all violations issued against vehicles assigned to their agencies
or employees. This responsibility includes but is not limited to
identifying the driver and ensuring payment of fines. If the agency
must pay a fine on a driver's behalf, the agency shall attempt to
collect the full amount of the fine from the driver responsible for
the violation.

Treasury shall notify agency heads of unresolved violations against
their vehicles, as reported by the Administrative Office of the
Courts.

Agency heads will have 30 days to resolve violations. Upon
notification by the Courts that the agency has failed to resolve the
violation, Treasury will pay the fine and debit the agency for the
full cost of the fine, plus a 20% administrative fee.

If the Treasury pays fines for two unresolved violations against the
same car, assigned to the same agency within a three-year period,
the agency head shall be required to surrender the cited vehicle to
the Central Motor Pool without reimbursement.

Agencies shall be required to maintain current accurate records
regarding the assignment and use of all individual and pool vehicles
and documenting parking violation resolution efforts.

PROCEDURE:

(1) The Administrative Office of the Courts will notify the
Treasury Department periodically of all "Failure to Appear"
violations against State vehicles.

(2) Treasury will notify agency heads of unresolved "Failure to
Appear" violations against agency vehicles.

(3) Agency heads will have 30 days to contest or pay fines against
"Failure to Appeal" violations by:

(a) Having the assigned driver resolve the violation with the
issuing jurisdiction; or,

(b) Resolving the violation on the driver's behalf:

1. Agency payment of parking violations shall be made
from object account 38.

2. Drivers whose fines have been paid by the State shall
reimburse the State for the full amount of the fine,
by check payable to Treasurer, State of New Jersey.

3. Monies received from the employee must be deposited to
the General State Fund and credited to the agency's 38
object account as a refund of disbursement.

(4) Upon receipt of a "Second Notice" from the Administrative
Office of the Courts, Treasury will make payment to the
issuing jurisdiction, notify the appropriate agency that the
fine has been paid, then debit the agency's object account 38
for the full value of the fine plus a 20 percent administrative
penalty charge. A "Second Notice" letter indicates that an
agency has failed to resolve the "Failure to Appear" notice
within 30 days. Agencies shall seek reimbursement from
individual employees as described above.

In the event that a "Second Notice" was issued in error,
agencies bear the burden of proof that the "Failure to Appear"
violation was resolved within 30 days. If such proof is
available, Treasury will credit the agency's object account 38
for the fine plus the penalty charge. Treasury will seek
reimbursement for the issuing jurisdiction.

(5) If an agency has a vehicle that receives two "Second Notice"
violations within a three year period, procedure 4, above will
be repeated plus the agency head will be required to surrender
the cited vehicle to the Central Motor Pool without
reimbursement.

(6) Treasury will establish a data base that will track "Failure
to Appear" and "Second Notice" violations.

(7) Treasury will be responsible for the proper debiting and
crediting of agency accounts and for the processing of State
payments to the courts.