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How much should you charge for a photograph?NJ Cop Tickets Driver After Passenger Video Records Out Window
A New Jersey state trooper pulled a driver over after his passenger was video recording out the window.
The cop told the occupants that it was illegal to video record on the Garden State Parkway because it was a “private roadway” or “semi-private roadway.”
The driver ended up receiving a ticket for "videotaping on authority property.”
The trooper even went as far as advising them to place the camera in the trunk of the car to avoid future confrontations.
Turns out, there is such a law that forbids video recording from a moving car on the New Jersey turnpike.
But the purpose of the law is to prevent people from stopping their cars or driving at extremely slow speeds. That doesn’t appear to be the case here.
And while the parkway does require drivers to pay a toll to access, it is hardly a private roadway.
Perhaps New Jersey officials have a different concept of what constitutes private. Last year, a transit guard told me it was illegal to take photos in the parking lot of a light rail station because it was "private property" that "belongs to the state."
Below is the first portion of the law. Click here to read the entire law.
(a) To insure the health, safety and welfare of motorists, the general public and the Authority, no person shall be permitted to park, stop, stand or travel at a slow speed in violation of N.J.S.A. 27:23-27, for the purpose of taking photographs, videos or motion pictures (hereinafter collectively “film”) on the Roadway, except as provided in (b) below or except as otherwise authorized pursuant to (c) or (d) below.
According to the Youtube description, the incident took place in April but the driver said he was asked to remove it after it got 20,000 views.
However, after consulting with the ACLU, he reposted the video on Monday. Unfortunately, he covered the cop's face.
I sent him a message requesting an interview, but he hasn’t gotten back to me yet.
Comments
Methinks the Officer needs a semi-private
Public Spanking...
"videotaping on authority property?" WTF is that?
What kind of drugs are these guys on? Oh yeah, adrenaline.
Steroids. Testosterone poisoning is the problem. Castration is the solution.
Want to be a cop? Want to wield awesome powers over the peons? Fine by me. Just one catch: You get to keep your pickled balls in a clay pot for the rest of your life.
"Turns out, there is such a law that forbids video recording from a moving car on the New Jersey turnpike."
Actually, reading the law above carefully it's against the law to "park, stop, stand or travel at a slow speed" if you do that "for the purpose of taking photographs, videos or motion pictures (hereinafter collectively “film”) on the Roadway".
It's the parking, stopping, standing or traveling at a slow speed that's illegal, NOT the photographing or filming.
the person was on the parkway, but the statute appears to refer to the turnpike. are the rules the same?
The Parkway and Turnpike fall under the NJ Turnpike Authority.
http://www.state.nj.us/turnpike/
This is especially odd. The officer actually used it as RS to do a traffic stop of the vehicle??
The law is clearly meant to avoid having drivers impede traffic, not the simple act of video taping.
"...no person shall be permitted to park, stop, stand or travel at a slow speed..."
Since the driver reportedly was doing none of these, it appears the ticket was not valid.
The time period for an appeal is probably long past, which is a shame.
That ticket is almost as terrible as mine were! I agree with David, the law says it's illegal to STOP or SLOW DOWN to record, obviously it is ok to record. I'm sure the cop was recording WITHOUT ISSUE.
Carlos, tell him to UNBLOCK the cops face and make sure we find out his name so we can start calling the police dept. :)
Please tell me that he has the ACLU fighting this ticket and didn't just roll over and pay it!?!
Oh, the irony that the intention of the law is to prevent having vehicles stopped along the road and here the cop caused two cars to be stopped along the road.
Really strict? If you had seen how NJ people drive, you would understand this! :)
Mike
I'm guessing you haven't driven on the NJ Turnpike. 10 over IS slow. Odds are that the guy who got and paid for a ticket for 10 over was probably doing 90 and the cop cut him a break. I've averaged over 60 from NY to De and there were people passing me the whole way.
Am I the only one who thinks it's funny they are not showing what they were doing prior to getting stopped? Me thinks these fella's have all of you bamboozled.
You must have missed the part where the officer explicitly stated he didn't do anything wrong driving-wise. If it weren't for that statement I might be skeptical as well.
It's only illegal to drive slow for purposes of videotaping. So yes, if they weren't videotaping and were just driving slow they wouldn't have been doing anything wrong. Therefore the ticket is justified. Of course if they weren't driving slow and this guy was hanging out the window videotaping this officer may have saved his life.
Actually driving slow is illegal in and of itself and can snag you an $85 dollar fine.
See 27:23-27 on this page:
http://www.judiciary.state.nj.us/mcs/svbs_9-04/part1-e2a.pdf
This is actually referenced in the statute:
§ 19:9-1.22 Filming, photographing or videotaping on the Roadway prohibited, except as authorized
(a) To insure the health, safety and welfare of motorists, the general public and the Authority, no person shall be permitted to park, stop, stand or travel at a slow speed in violation of N.J.S.A. 27:23-27, for the purpose of taking photographs, videos or motion pictures (collectively, "film") on the Roadway, except as
provided in (b) below or except as otherwise authorized pursuant to (c) or (d) below
from http://www.state.nj.us/turnpike/documents/regulationsunofficialversionfo...
Who knows why they have a restriction on going slow and then another about going slow for the purpose of filming.
The Governor of New Jersey was in a car wreck when he was being driven by a New Jersey state trooper at extreme speeds for no good reason.
The state troopers routinely drive down the highway at extremely unsafe speeds with no lights on. This is why they do not want to be filmed.
Great advice. Tell them to get out of the car on the GSP. That's real safe! This cop aint too bright.
This.. and my non-2nd A rights in NJ, is another reason I don't and won't visit the state!
Rail Car Fan
LOL, remember this is NJ, the land without common sense!
If, indeed it is a crime to take pictures etc from a vehicle while going the speed limit on sundry New Jersey highways and byways, Google Street View has some 'splaining to do.
Great, Now some DB is up there preparing a warrant against google as you read this.
I live on the West Coast, so I have no idea about this turnpike or why anyone would want to film something while driving on it. Could someone explain why someone would want to be filming. Thanks
I live on the West Coast, so I have no idea about this turnpike or why anyone would want to film something while driving on it. Could someone explain why someone would want to be filming. Thanks
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