Bill Text: NJ A3749 | 2010-2011 | Regular Session | Amended
Bill Title: Prohibits charging vehicle storage fees for days on which storage facility is closed.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-03-07 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A3749 Detail]
Download: New_Jersey-2010-A3749-Amended.html
ASSEMBLY, No. 3749
STATE OF NEW JERSEY
214th LEGISLATURE
INTRODUCED JANUARY 24, 2011
Sponsored by:
Assemblyman RUBEN J. RAMOS, JR.
District 33 (Hudson)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
Prohibits charging vehicle storage fees for days on which storage facility is closed.
CURRENT VERSION OF TEXT
As reported by the Assembly Consumer Affairs Committee on March 7, 2011, with amendments.
An Act concerning storage fees for towed vehicles and amending P.L.2007, c.193.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 10 of P.L.2007, c.193 (C.56:13-16) is amended to read as follows:
10. It shall be an unlawful practice for any private property towing company or for any other towing company that provides non-consensual towing services:
a. (Deleted by amendment, P.L.2009, c.39)
b. (Deleted by amendment, P.L.2009, c.39)
c. (Deleted by amendment, P.L.2009, c.39)
d. To give any benefit or advantage, including a pecuniary benefit, to any person for providing information about motor vehicles parked for unauthorized purposes on privately owned property or otherwise in connection with private property towing of motor vehicles parked without authorization or during a time at which such parking is not permitted;
e. To fail, when so requested by the owner or operator of a vehicle subject to non-consensual towing, to release a vehicle to the owner or operator that has been, or is about to be, hooked or lifted but has not actually been moved or removed from the property when the vehicle owner or operator returns to the vehicle, or to charge the owner or operator requesting release of the vehicle an unreasonable or excessive decoupling fee. Such a fee shall be presumptively unreasonable and excessive if it exceeds by more than 25 percent, or a different percentage established by the director by regulation, the usual and customary decoupling fee charged by the towing company for a vehicle subject to consensual towing, or if it exceeds by more than 1[50%] 50 percent1, or a different percentage established by the director by regulation, the usual and customary decoupling fee charged for vehicles subject to non-consensual towing by other private property towing companies operating in the municipality in which the vehicle was subjected to non-consensual towing;
f. (1) To charge a fee for a private property or other non-consensual towing or related storage service not listed on the schedule of services for which a fee may be charged as established by the director except as may be permitted by the director by regulation; [or]
(2) To charge an unreasonable or excessive fee; or
(3) To charge a fee for the storage of a vehicle 1[which has been towed] subject to non-consensual towing1 for days on which the towing company or storage facility is closed to the public, making it impossible for the vehicle's owner 1or operator1 to retrieve the stored vehicle.
g. To refuse to accept for payment in lieu of cash or an insurance company check for towing or storage services a debit card, charge card or credit card if the operator ordinarily accepts such card at his place of business, unless such refusal is authorized in accordance with section 4 of P.L.2002, c.67 (C.56:13-4) as amended by section 21 of P.L.2007, c.193; or
h. To monitor, patrol, or otherwise surveil a private property for the purposes of identifying vehicles parked for unauthorized purposes and towing a motor vehicle parked for an unauthorized purpose from such private property without having been specifically requested to tow such vehicle by the owner of the property.
(cf: P.L.2009, c.39, s.6)
2. This act shall take effect on the first day of the third month following enactment.
