New Jersey-2010-S1173-Introduced

An Act concerning the dispensing of fuel for motor vehicles and amending P.L.1989, c.263.

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

1. Section 1 of P.L.1989, c.263 (C.34:3A-4) is amended to read as follows:

1. The Legislature finds and declares that:

a. Because of the fire hazards directly associated with dispensing fuel, it is in the public interest that gasoline station operators have the control needed over that activity to ensure compliance with appropriate safety procedures, including turning off vehicle engines and refraining from smoking while fuel is dispensed;

b. At self-service gasoline stations in other states, cashiers are often unable to maintain a clear view of the activities of customers dispensing gasoline, or to give their undivided attention to observing customers; therefore, when customers, rather than attendants, are permitted to dispense fuel, it is far more difficult to enforce compliance with safety procedures;

c. The State needs stronger measures to enforce both compliance by customers with the ban on self-service and compliance by attendants with safety procedures;

d. The higher general liability insurance premium rates charged to self-service stations reflect the fact that customers who leave their vehicles to dispense gasoline or other inflammable liquids face significant inconveniences and dangers, including the risks of crime and fall-related personal injury, which are a special burden to drivers with physical infirmities, such as the handicapped and some senior citizens;

e. Exposure to toxic gasoline fumes represents a health hazard when customers dispense their own gasoline, particularly in the case of pregnant women;

f. The significantly higher prices usually charged for full-service gasoline in states where self-service is permitted, often at prices in a range of 10 to 20 cents per gallon more than self-service gasoline, [results] result in discrimination against low income individuals, who are under greater economic pressure to undergo the inconvenience and hazards of dispensing their own gasoline;

g. The increasing use of self-service has contributed to the diminished availability of repair facilities and maintenance services at gasoline stations;

h. Even in filling stations which offer both self-service and full-service gasoline, customers are less likely, because of the much
higher price usually charged for full service, to have attendants make needed maintenance checks, thus causing significant neglect of maintenance and danger both to the customers and to other motorists, as well as the unneeded costly repairs which often result from deferred maintenance;

i. The prohibition of customer self-service does not constitute a restraint of trade in derogation of the general public interest because the Legislature finds no conclusive evidence that self-service gasoline provides a sustained reduction in gasoline prices charged to customers; [and]

j. Although the federal "Americans with Disabilities Act of 1990," 42 U.S.C.12101 et seq. has requirements for filling stations offering self-service gasoline, people with disabilities who travel outside of New Jersey find that those requirements are largely ignored and rarely enforced, increasing the difficulties at the gasoline pumps for people with mobility problems and others who need assistance;

k. Elimination of the prohibition of self-service gasoline would harm the public interest by jeopardizing the viability of the retail dealers operating this State's independent full-service filling stations and their 20,000 employees, who contribute millions of dollars to New Jersey's economy; and

[j. A] l. Continuing the prohibition of self-service gasoline will therefore promote the common welfare by providing increased safety and convenience without causing economic harm to the public in general.

(cf: P.L.1989, c.263, s.1)

2. This act shall take effect immediately.

STATEMENT

The Legislature and Governor strengthened the laws regarding this State's decades-long ban on self-service dispensing of fuel at service stations with the enactment of P.L.1989, c.263 (C.34:3A-4 et seq.). The Legislature outlined in the findings and declarations section of P.L.1989, c.263 several reasons for the prohibition of self-service, including, but not limited to: safety and health hazards to consumers; diminished availability of automotive repair and maintenance facilities; discrimination against senior citizens and disabled individuals, groups often physically incapable of pumping their own gasoline; and discrimination against lower-income individuals who are under greater economic pressure to undergo the inconvenience and hazards of dispensing their own gasoline. This bill cites additional reasons for maintaining the self-service ban in order to protect the health, welfare and safety of the residents of New Jersey. These additional findings and declarations focus upon the importance of: protecting the needs of people with disabilities; the consumers of gasoline in this State; and the small independent retail dealers operating filling stations in New Jersey, and their employees.