Bill Text: NJ A587 | 2018-2019 | Regular Session | Amended

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Bill Title: Imposes certain requirements on motor vehicle rental companies that equip vehicles with electronic toll transponders.*

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-10-15 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A587 Detail]

Download: New_Jersey-2018-A587-Amended.html

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[First Reprint]

ASSEMBLY, No. 587

STATE OF NEW JERSEY

218th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

 

 

Sponsored by:

Assemblyman  PAUL D. MORIARTY

District 4 (Camden and Gloucester)

 

Co-Sponsored by:

Assemblymen McKeon and Johnson

 

 

 

 

SYNOPSIS

     Imposes certain requirements on motor vehicle rental companies that equip vehicles with electronic toll transponders.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Consumer Affairs Committee on October 15, 2018, with amendments.

  

An Act concerning rented motor vehicles and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

 

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

 

     1.    a.   As used in this section:

     "Rental company" means a person engaged in the business of renting motor vehicles to the general public at retail, including renting vehicles on an hourly, daily, per trip, or other short-term basis.

     "Renter" means a person renting a motor vehicle from a rental company.

     b.    A rental company which equips a vehicle with ¹[a] an electronic vehicle identification system¹ transponder or other electronic ¹[tolling] toll collection¹ device ¹[and does not offer the ability to] shall allow a renter to: (1)¹ opt-out of its use ¹[shall not charge a renter a fee of more than $2 each day for the use of a transponder or other electronic tolling device, in addition to the actual cost incurred for any toll.

     A rental company shall not charge a renter a daily fee on any day in which the renter: (1) does not drive through an electronic toll collection system, or (2) only drives through an electronic toll collection system for which no alternative payment option exists] ; or (2) use an electronic vehicle identification system transponder or other electronic toll collection device owned by the renter.

     c.     A rental company may charge a renter a fee of up to three times the amount of the actual cost incurred by the company for any toll, up to a maximum of $5, if the renter:

     (1)   opts-out of the use of an electronic vehicle identification system transponder or other electronic toll collection device offered by the rental company;

     (2)   drives through an electronic toll collection system for which there is not an option for cash payment; and

     (3)   does not use an electronic vehicle identification system transponder or other electronic toll collection device owned by the renter for the payment of the toll.

     If a rental company charges a fee pursuant to this subsection, the rental company shall not charge any additional fees¹.

     ¹[c.] d.¹     A rental company that provides or offers renters a motor vehicle equipped with ¹[a] an electronic vehicle identification system¹ transponder or similar electronic ¹[tolling] toll collection¹ device shall clearly and conspicuously include the applicable terms and conditions of its use ¹, including all charges associated with the use of the electronic vehicle identification system transponder or other electronic toll collection device,¹ in the rental agreement issued to the renter, and post any applicable terms and conditions in a conspicuous location on the business premises. 

     ¹[d.] The rental company shall obtain a signed written agreement from a renter who chooses to use an electronic vehicle identification system transponder or other electronic toll collection device provided by the rental company.

     The rental company also shall inform a renter of the ability to opt-out of the use of an electronic vehicle identification system transponder or other electronic toll collection device provided or offered by the rental company or use an electronic vehicle identification system transponder or other electronic toll collection device owned by the renter and provide appropriate instructions.

     e.¹   A violation ¹[of subsection b.]¹ of this section is an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).

 

     2.    This act shall take effect immediately and shall be applicable to motor vehicle rental transactions occurring on or after the 30th day after the date of enactment ¹; except that subsection c. of section 1 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) shall remain inoperative until there is one additional toll collection facility in which there is not an option for cash payment operated by the New Jersey Turnpike Authority, the South Jersey Transportation Authority, or their successors¹.