New Jersey Towing Laws

LEGISLATION ITEMS FOR
DIRECTORY
A3812 Predatory Towing Prevention Act
CHAPTER 39
AN ACT
concerning towing and towing operators and amending and repealing various
parts of statutory law.
BE IT ENACTED
by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2007, c.193 (C.56:13-9) is amended to read as follows:
C.56:13-9 Definitions relative to towing, towing operators.
3. As used in this act:
“Basic towing service” means towing as defined in this section and other ancillary
services as may be specified by the director by regulation.
“Consumer” means a natural person.
“Decoupling fee” means a charge by a towing company for releasing a motor vehicle to
its owner or operator when the vehicle has been, or is about to be, hooked or lifted by a
tower, but prior to the vehicle actually having been moved or removed from the property.
“Division” means the Division of Consumer Affairs in the Department of Law and Public
Safety.
“Director” means the Director of the Division of Consumer Affairs.
“Motor vehicle” includes all vehicles propelled otherwise than by muscular power,
excepting such vehicles as run only upon rails or tracks and motorized bicycles,
motorized scooters, motorized wheelchairs and motorized skateboards.
“Non-consensual towing” means the towing of a motor vehicle without the consent of the
owner or operator of the vehicle.
“Person” means an individual, a sole proprietorship, partnership, corporation, limited
liability company or any other business entity.
“Private property owner” means the owner or lessee of private property, or an agent of
such owner or lessee, but shall not include a private property towing company acting as
an
agent of such owner or lessee.
“Private property towing” means the non-consensual towing from private property or
from a storage facility by a motor vehicle of a consumer’s motor vehicle that is parked
illegally, parked during a time at which such parking is not permitted, or otherwise parked
without authorization, or the immobilization of or preparation for moving or removing of
such motor vehicle, for which a service charge is made, either directly or indirectly. This
term shall not include the towing of a motor vehicle that has been abandoned on private
property in violation of section 1 of P.L.1967, c.305 (C.39:4-56.5), provided that the
abandoned vehicle is reported to the appropriate law enforcement agency prior to
removal and the vehicle is removed in accordance with section 1 of P.L.1973, c.137
(C.39:4-56.6).
“Private property towing company” means a person offering or performing private
property towing services.
“Towing”
means the moving or removing from public or private property or from a storage
facility by a motor vehicle of a consumer
=
s motor vehicle that is damaged as a result of
an accident or otherwise disabled, is recovered after being stolen, or is parked illegally
or otherwise without authorization, parked during a time at which such parking is not
permitted, or otherwise parked without authorization, or the immobilization of or
preparation for moving or removing of such motor vehicle, for which a service charge is
made, either directly or indirectly. Dues or other charges of clubs or associations which
provide towing services to club or association members shall not be considered a
service charge for purposes of this definition.
“Vehicle” means any device in, upon or by which a person or property is or may be
transported upon a highway.
2. Section 6 of P.L.2007, c.193 (C.56:13-12) is amended to read as follows:
C.56:13-12 Maintenance of liability insurance by towing company.
6. a. A towing company shall maintain liability insurance which meets or exceeds the
requirements of this section, or such other amounts as the director may determine by
regulation, including in the case of each light-medium duty tow truck, motor vehicle
liability insurance coverage for the death of, or injury to, persons and damage to property
for each accident or occurrence in the amount of at least $750,000 single limit, and in
the case of each heavy-duty tow truck, motor vehicle liability insurance coverage for the
death of or injury to persons and damage to property for each accident or occurrence in
the amount of at least $1,000,000 single limit.
b. (Deleted by amendment, P.L.2009, c.39)
c. Nothing in this section shall preclude a State agency or political subdivision, or the
independent authorities or instrumentalities thereof, from requiring additional or higher
liability insurance coverage or amounts with respect to contracts for towing and storage
services awarded under the authority of such agency, subdivision, authority or
instrumentality.
3. Section 7 of P.L.2007, c.193 (C.56:13-13) is amended to read as follows:
C.56:13-13 Consent required for towing from privately owned property.