ASSEMBLY, No. 1735

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 


 

Sponsored by:

Assemblyman  VINCENT PRIETO

District 32 (Bergen and Hudson)

 

 

 

 

SYNOPSIS

     Extends responsibilities of tow truck operators responding to calls for assistance from motorists.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning operators engaged in repair or removal of certain vehicles and amending the title and body of P.L.2002, c.67.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    The title of P.L.2002, c.67 is amended to read as follows:

     An Act concerning operators engaged in repair or removal of [inoperable] certain vehicles and supplementing Title 56 of the Revised Statutes.

 

     2.    Section 2 of P.L.2002, c.67 (C.56:13-2) is amended to read as follows:

     2.  An operator who either responds to a call for assistance from a motorist [with an inoperable vehicle] or who offers to transport or repair the vehicle of such a motorist shall comply with any reasonable request of the motorist either to repair the vehicle or to transport it to a site where the repair may be made.

(cf: P.L.2002, c.67, s.2)

 

     3.    Section 3 of P.L.2002, c.67 (C.56:13-3) is amended to read as follows:

     3.  If the operator cannot repair the [inoperable] vehicle to the satisfaction of the motorist he shall, with the motorist's consent, transport the vehicle to the operator's place of business or to another mutually agreed upon location.  The vehicle, once repaired, may be retained in the possession of the operator or other repairer, as the case may be, pending payment, pursuant to N.J.S.2A:44-20 et seq. The operator, if other than the repairer, shall be eligible for reimbursement for transporting the vehicle to the repair site.  If the estimated cost of repairs exceeds $50, the motorist shall be given a written estimate of the repair costs.

(cf: P.L.2002, c.67, s.3)

 

     4.    Section 5 of P.L.2002, c.67 (C.56:13-5) is amended to read as follows:

     5.  A violation of this act shall be punishable by a fine of [$500] $1,000.  The second and any subsequent offense shall be punishable by a fine not to exceed [$1,000] $5,000.

(cf: P.L.2002, c.67, s.5)

 

5.      This act shall take effect immediately.


STATEMENT

 

     P.L.2002, c.67 (C.56:13-1 et seq.) established a regulatory scheme for tow truck operators who either respond to a call for assistance from a motorist with an inoperable vehicle or who offer to transport or repair the vehicle of such a motorist.  This bill amends P.L.2002, c.67 so that its provisions shall apply to tow truck operators responding to calls for assistance from any motorist or when the operator offers to transport or repair the motorist's vehicle regardless of whether the vehicle is operable.

     The bill also increases the fines for violators of P.L.2002, c.67, from the current fines of $500 for a first offense and a fine not to exceed $1,000 for a second or subsequent offense, to a fine of $1,000 for a first offense and a fine not to exceed $5,000 for a second or subsequent offense.