ASSEMBLY APPROPRIATIONS COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 4782

 

STATE OF NEW JERSEY

 

DATED:  DECEMBER 10, 2018

 

      The Assembly Appropriations Committee reports favorably Assembly Bill No. 4782.

      This bill clarifies that the “Predatory Towing Prevention Act” (“Act”) applies to commercial motor vehicles, and clarifies that reasonable fees may be charged for certain non-consensual towing and related storage services.  

      The New Jersey Administrative 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 Act to non-commercial motor vehicles, this bill clarifies that the Act applies to commercial motor vehicles as well as non-commercial motor vehicles.

      The bill also clarifies that the Act does not prevent towing companies from charging a reasonable fee for storage of a vehicle that has been subject to non-consensual towing authorized by a law enforcement officer of this State or by a political subdivision if the law enforcement officer, or an agent or employee of the political subdivision, initiates, directs, orders, or requests the non-consensual towing of the vehicle.  The bill further clarifies that the Act does not prevent towing companies from charging fees set forth in a duly-authorized fee schedule established by a municipality or other political subdivision of the State for non-consensual towing of a vehicle or related storage fees when such service is authorized by a law enforcement officer or a political subdivision.  The bill establishes a rebuttable presumption that fees charged in accordance with such a fee schedule are not unreasonable or excessive.

      Finally, the bill changes references to “consumer” throughout the Act to “person.”

 

FISCAL IMPACT:

      This bill is not certified as requiring a fiscal note.