SENATE, No. 1370

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 24, 1996

 

 

By Senator CODEY

 

 

An Act concerning the registration and regulation of tow truck operators, supplementing Title 56 of the Revised Statutes and making an appropriation.

 

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

 

    1. This act shall be known and may be cited as the "Tow Truck Operators Registration Act."

 

    2. As used in this act:

    "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

    "Tow Truck" means a vehicle that is either:

    a. Equipped with a crane, winch, or similar device designed and used to raise either the front or rear of a motor vehicle, including trucks and truck tractors, for the purpose of moving that motor vehicle, truck or truck tractor when it is disabled or inoperable; or

    b. Equipped to transport, upon a specially designed, flatbed rear compartment, a disabled or inoperable motor vehicle in a horizontal position.

    "Tow truck operator" means a person engaged in the business of moving or transporting disabled or inoperable motor vehicles, including trucks and truck tractors, for a fee or other consideration.

 

    3. The director shall establish a system for the registration of tow truck operators. No person may engage in the business of a tow truck operator in this State unless registered by the director upon submission of an application and payment of a reasonable application fee sufficient to cover the cost of implementing the provisions of this act.

    All moneys collected as fees pursuant to the provisions of this section shall be paid to the Division of Consumer Affairs in the Department of Law and Public Safety and shall be used exclusively by the division for the purposes of administering the provisions of this act.

    The fee, which shall be prescribed by the director, shall be based upon the class and number of tow trucks owned and leased by the applicant. The fee shall not exceed $200 per tow truck, and, if more than one tow truck is registered by the same owner during a single registration period, the fee for each tow truck registered after the initial registration shall not exceed $25. For the purposes of this paragraph, tow trucks shall be categorized into three classes:

    a. "Heavy Duty Class" shall include tow trucks having a gross vehicle weight of 10,000 pounds or more;

    b. "Light Duty Class" shall include tow trucks having a gross vehicle weight of less than 10,000 pounds; and

    c. "Service Class" shall include tow trucks that respond to service calls.

    The director may require the annual renewal of applications for registration and may stagger the renewal dates and adjust the application fees accordingly.

 

    4. The application for registration shall include, but not be limited to:

    a. The applicant's business address and telephone number;

    b. The class, make, model, model year, license plate number and full vehicle identification number of each tow truck owned or leased by the applicant;

    c. Certification that the applicant has in effect and will maintain in effect insurance and that the coverage afforded by that insurance meets or exceeds any State or federal requirements or standards which are in effect at the time the application is made;

    d. Certification that each tow truck owned or leased by the applicant is equipped in conformance with the rules and regulations promulgated by the director, after consultation with the Superintendent of State Police and the Director of the Division of Motor Vehicles, pursuant to the provisions of section 9 of this act;

    e. A schedule of the applicant's towing and service fees; and

    f. Any other information the director deems appropriate and necessary.

 

    5. Upon approval of an application for registration, the director shall provide the tow truck operator with two decals for each tow truck owned or leased by that operator. The decals, which shall be of a distinctive design and color, shall be conspicuously displayed on each tow truck in a manner and place prescribed by the director.

    The decal may, if so determined by the director, set forth a specific registration number for each registered tow truck and include a statement indicating substantially the following: "This tow truck is registered with the Division of Consumer Affairs. The operator is required to provide you with a written schedule of the fees charged for his towing services before providing that service to you. If the fee charged does not conform with the fee on the schedule, please notify the division."

 

    6. The director shall maintain a file of the schedules of fees for towing services submitted by each registered tow truck operator.

    Any registered tow truck operator may change, alter or amend his schedule of fees, but no such change, alteration or amendment shall take effect until the fifth business day following the date the new schedule was mailed, by certified mail, to the director.

 

    7. The Attorney General, in consultation with the Superintendent of State Police and the director of the Division of Consumer Affairs, shall establish a schedule of maximum fees for towing services offered by tow truck operators. The schedule of fees submitted by each registered tow truck operator pursuant to section 6 of this act shall not exceed these fees nor shall any change, alteration or amendment thereto.

 

    8. Any tow truck operator who violates any of the provisions of this act shall, for a first offense, be subject to a fine of not less than $200, nor more than $1,000. For the second and subsequent offenses, the tow truck operator shall be subject to a fine of not less than $500, nor more than $2,000 or suspension of his registration as a tow truck operator for a period not exceeding 60 days, or both. The penalties shall be collected and enforced by summary proceedings pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). All moneys collected as fines imposed pursuant to the provisions this section shall be paid to the Division of Consumer Affairs and shall be used exclusively by the division for the purposes of administering the provisions of this act.

    The director may suspend the registration of a tow truck operator pursuant to this section only after notice to the registrant at least 30 days before the suspension is to take effect. The director may, after review, reduce or withdraw the suspension if, in his judgment, such action serves the interest of the Division of Consumer Affairs and the State.

 

    9. The director, after consultation with the Superintendent of State Police and the Director of the Division of Motor Vehicles, shall, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations to effectuate the provisions of this act.

 

    10. There is appropriated from the General Fund $90,000 to the Division of Consumer Affairs in the Department of Law and Public Safety to implement the provisions of this act.


    11. This act shall take effect on the 120th day following enactment.

 

 

STATEMENT

 

    This bill, the "Tow Truck Operators Registration Act," requires a person engaged in the tow truck business to register with the Division of Consumer Affairs and to abide by a schedule of maximum fees.

    To register, a tow truck operator would apply to the Director of the Division of Consumer Affairs and pay an application fee based upon the number and class of tow trucks the operator owns or leases. For the purposes of establishing the required application fees, the bill sets forth three classes of tow trucks, each based upon the tow truck's gross vehicle weight.

    A tow truck operator would be required to provide on the application for registration: (1) his business address and telephone number, (2) the class, make, model year, license plate number and full vehicle identification number of each tow truck owned or leased, (3) certification that the operator has and will maintain insurance, (4) certification that each tow truck owned or leased is equipped in conformance with any rules or regulations, (5) a schedule of towing fees, and (6) any other information which the director may deem appropriate and necessary.

    A registered tow truck must display a decal provided by the director.

    The director is to maintain a file of the schedule of fees submitted by each operator which fees shall not exceed a schedule of maximum fees established by the Attorney General, after consultation with the Superintendent of State Police and the director of the Division of Consumer Affairs..

    A tow truck operator who violates the provisions of this bill when enacted into law will be fined between $200 and $1,000 for a first offense. For the second and subsequent offenses, the operator will be fined between $500 and $2,000, or will have his registration suspended for up to 60 days, or both. All fines collected are to be paid to the Division of Consumer Affairs and used exclusively for the purposes of administering the registration program.

 

 

                             

Requires tow truck operators to be registered by the Division of Consumer Affairs and provides for establishment of maximum fees for towing services.