New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A5038

Introduced
1/10/23  
Refer
1/10/23  

Caption

Provides that operator, owner, lessor, and lienholder of vehicle may be responsible for certain towing and storage fees; applies retroactively.

Impact

The implementation of A5038 would streamline the framework governing towing and storage fees within New Jersey, particularly reinforcing the authority of local governments to establish reasonable fee schedules. It aims to protect vehicle owners and operators from excessive charges while ensuring towing companies can operate within consistent standards across jurisdictions. By holding lessors and lienholders accountable for towing fees, the bill may also encourage more responsible actions from businesses and individuals involved in vehicle leasing and financing.

Summary

Assembly Bill A5038 aims to amend existing New Jersey statutes regarding the responsibility for towing and storage fees of vehicles. Specifically, it provides that vehicle operators, owners, lessors, and lienholders may be held accountable for certain fees associated with the towing and storage of motor vehicles, particularly in instances of non-consensual towing. The bill imposes safeguards to ensure that charges remain reasonable and in accordance with a duly authorized fee schedule established by local municipalities or related governmental entities.

Sentiment

Reactions surrounding A5038 appear generally supportive, especially among consumer advocacy groups and local governmental entities, which view the bill as a means of protecting citizens from predatory towing practices. However, there may be concerns raised by towing companies that rely on certain fee structures, which could be perceived as limiting their business operations. Overall, the sentiment centers around the balance of consumer protection against the operational needs of towing businesses.

Contention

Notable points of contention may arise from the enforcement provisions of the bill, specifically regarding what constitutes a reasonable fee and how these fees will be established. Additionally, the retroactive application of the bill to October 2008 may raise legal challenges regarding fairness to those previously impacted by tow fees. The bill also brings to the forefront the ongoing discussions about the regulation of towing companies and the protections afforded to vehicle owners.

Companion Bills

NJ S3374

Same As Provides that operator, owner, lessor, or lienholder of vehicle may be responsible for certain towing and storage fees; applies retroactively.

Previously Filed As

NJ A4271

Prohibits towing companies from requiring owners of stolen motor vehicles to pay fee to release vehicles from storage facilities under certain circumstances.

NJ SB304

Regards lienholder duty for motor vehicle towing, storage charges

NJ HB641

Towing companies; require notice to vehicle owner and lienholder within 5 business days of tow.

NJ AB987

Vehicles: storage and towing.

NJ SB1332

Towing and storage of certain vehicles; limitation on charges.

NJ A08858

Sets maximum rates that may be charged for the towing and subsequent storage of passenger and large vehicles outside of New York city.

NJ S07717

Sets maximum rates that may be charged for the towing and subsequent storage of passenger and large vehicles outside of New York city.

NJ SB2462

Towing companies; revise notice provisions to owners and lienholder, authorize civil penalty.

NJ SB2724

Towing companies; revise notice provisions to owners and lienholder, authorize civil penalty.

NJ HB05465

An Act Concerning The Towing And Storage Of Motor Vehicles.

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US HCR3

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OR HB3114

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KS HB2749

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NJ A4271

Prohibits towing companies from requiring owners of stolen motor vehicles to pay fee to release vehicles from storage facilities under certain circumstances.

LA HB695

Requires a towing permit for consensual noncommercial towing (OR +$124,800 GF EX See Note)

IL SB1716

CRIM CD-NONCONSENSUAL DISSEM