Bill Text: NJ A1036 | 2018-2019 | Regular Session | Introduced
Bill Title: Clarifies "Predatory Towing Prevention Act" applies to commercial motor vehicles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Consumer Affairs Committee [A1036 Detail]
Download: New_Jersey-2018-A1036-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
Clarifies "Predatory Towing Prevention Act" applies to commercial motor vehicles.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the "Predatory Towing Prevention Act" and amending P.L.2007, c.193.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2007, c.193 (C.56:13-8) is amended to read as follows:
2. The Legislature finds and declares that:
a. While the majority of tow truck operators in New Jersey are reputable service providers, some unscrupulous [towers] tow truck operators are engaged in predatory practices victimizing [consumers] persons whose vehicles are parked on public streets and private property;
b. Predatory towing practices include charging unwarranted or excessive fees, particularly in connection with towing vehicles from private parking lots which do not display any warnings to the vehicle owners, or overcharging [consumers] persons for towing services provided under circumstances where the [consumer] person has no meaningful opportunity to withhold consent;
c. The legitimate business interests of tow truck operators and the needs of private property owners for relief from unauthorized parking must be balanced with the interest in providing appropriate protection to [consumers] motor vehicle owners and operators;
d. Whatever authority exists in the law to regulate towing and towing companies is fragmented among various State agencies and local governments[,] so that inconsistent or inadequate regulation often results, with insufficient recourse provided under the law; and
e. Therefore, it is in the public interest to create a coordinated, comprehensive framework to establish and enforce minimum standards for tow truck operators.
(cf: P.L.2007, c.193, s.2)
2. Section 3 of P.L.2007, c.193 (C.56:13-9) is amended to read as follows:
3. As used in this act:
"Basic towing service" means towing as defined in this section and other ancillary services as may be specified by the director by regulation.
["Consumer" means a natural person.]
"Decoupling fee" means a charge by a towing company for releasing a motor vehicle to its owner or operator when the vehicle has been, or is about to be, hooked or lifted by a [tower] tow truck operator, but prior to the vehicle actually having been moved or removed from the property.
["Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.]
"Director" means the Director of the Division of Consumer Affairs.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Motor vehicle" includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles, motorized scooters, motorized wheelchairs and motorized skateboards. "Motor vehicle" includes commercial motor vehicles as defined in R.S.39:1-1.
"Non-consensual towing" means the towing of a motor vehicle without the consent of the owner or operator of the vehicle.
"Person" means an individual, a sole proprietorship, partnership, corporation, limited liability company or any other business entity.
"Private property owner" means the owner or lessee of private property, or an agent of such owner or lessee, but shall not include a private property towing company acting as an agent of such owner or lessee.
"Private property towing" means the non-consensual towing from private property or from a storage facility by a motor vehicle of a [consumer's] motor vehicle that is parked illegally, parked during a time at which such parking is not permitted, or otherwise parked without authorization, or the immobilization of or preparation for moving or removing of such motor vehicle, for which a service charge is made, either directly or indirectly. This term shall not include the towing of a motor vehicle that has been abandoned on private property in violation of section 1 of P.L.1967, c.305 (C.39:4-56.5), provided that the abandoned vehicle is reported to the appropriate law enforcement agency prior to removal and the vehicle is removed in accordance with section 1 of P.L.1973, c.137 (C.39:4-56.6).
"Private property towing company" means a person offering or performing private property towing services.
"Towing" means the moving or removing, from public or private property or from a storage facility, by a motor vehicle of a [consumer's] motor vehicle that is damaged as a result of an accident or otherwise disabled, is recovered after being stolen, or is parked illegally or otherwise without authorization, parked during a time at which such parking is not permitted, or otherwise parked without authorization, or the immobilization of or preparation for moving or removing of such motor vehicle, for which a service charge is made, either directly or indirectly. Dues or other charges of clubs or associations which provide towing services to club or association members shall not be considered a service charge for purposes of this definition.
"Vehicle" means any device in, upon, or by which a person or property is or may be transported upon a highway.
(cf: P.L.2009, c.39, s.1)
3. Section 15 of P.L.2007, c.193 (C.56:13-21) is amended to read as follows:
15. a. It is an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate any provision of this act.
b. In addition to any penalties or other remedies provided in P.L.1960, c.39 (C.56:8-1 et seq.), the director may order a towing company that has billed a [consumer] person for any nonconsensual towing or related storage an amount determined by the director to be unreasonable to reimburse the [consumer] person for the excess cost with interest.
(cf: P.L.2009, c.39, s.10)
4. This act shall take effect immediately.
STATEMENT
This bill clarifies that the "Predatory Towing Prevention Act" (act) applies to commercial motor vehicles and changes references to "consumer" throughout the act to "person" or "motor vehicle owner and operator."
The New Jersey Administrative Code (code) defines "towing," in part, to mean "the moving or removing from public or private property or from a storage facility by a motor vehicle of a consumer's non-commercial motor vehicle..." (emphasis added) (N.J.A.C.13:45A-31.2). Because the code appears to limit the provisions of the "Predatory Towing Prevention Act" to non-commercial motor vehicles, this bill clarifies that the act applies to commercial motor vehicles as well as non-commercial motor vehicles.
