N.J. Admin. Code § 13:45A-31.4

Current through Register Vol. 56, No. 8, April 15, 2024

Section 13:45A-31.4 - Schedule of other non-consensual towing and storage services

(a) A towing company that engages in private property towing or other non-consensual towing may charge fees for the following services:

1. Basic tow, which shall be a flat fee; and

2. In the case of a motor vehicle involved in an accident the following additional services, if actually performed:

i. Waiting time in excess of 15 minutes, which shall be calculated based upon each 15 minutes spent at the site from which a motor vehicle will be towed, with fewer than 15 minutes rounded up to 15;

ii. Brush cleaning, including collection of debris that can be picked up by hand, which shall be a flat fee;

iii. Site clean-up, which shall be calculated based upon the number of bags of absorbent used;

iv. Winching, which shall be based upon each one-half hour spent performing winching;

v. The use of window wrap, which shall be a flat fee;

vi. Tarping, which shall be a flat fee;

vii. Transmission disconnect, a flat fee, which shall be charged only if a motor vehicle is locked and the towing company is unable to obtain the keys for the motor vehicle;

viii. Use of a flat bed tow truck, a flat fee, which shall be charged if a motor vehicle can be transported only by a flat bed tow truck;

ix. Use of special equipment other than the first tow truck to recover a motor vehicle that cannot be recovered by winching or pieces of a motor vehicle that cannot be moved by hand, which may be both a labor and an equipment charge billed in half-hour increments;

x. Decoupling;

xi. Storage at a towing company's storage facility;

xii. More than three trips to the motor vehicle in storage, which may be invoiced as an administrative fee, which shall be a flat fee; and

xiii. Releasing a motor vehicle from a towing company's storage facility after normal business hours or on weekends, which shall be a flat fee.

3. Removing an immobilization device, such as a booting device or a windshield obstruction device, when no fee is charged, pursuant to (a)1 or 2 above.

(b) A towing company that engages in private property towing or other non-consensual towing shall not charge for the use of a flat bed tow truck if a motor vehicle can safely be towed in an upright position by another type of tow truck, even if the private property towing company chooses to use a flat bed tow truck for the tow.

(c) A towing company that engages in private property towing or other non-consensual towing may charge for the tolls it incurs driving to the site from which a motor vehicle will be towed and while towing the motor vehicle from that site to the towing company's storage facility.

(d) A towing company that engages in private property towing or other non-consensual towing shall calculate storage fees based upon full 24-hour periods a motor vehicle is in the storage facility. For example, if a motor vehicle is towed to a storage facility at 7:00 P.M. on one day and the owner of the motor vehicle picks up the motor vehicle before 7:00 P.M. the next day, the towing company shall charge the owner of the motor vehicle only for one day of storage. If a motor vehicle is stored for more than 24 hours, but less than 48 hours, the towing company may charge for two days of storage.

(e) Except as set forth at (f) and (g) below, a towing company shall not charge any fee for private property towing or other nonconsensual towing and related storage services not included at (a) above.

(f) If a motor vehicle is subject to a non-consensual tow authorized by a law enforcement officer, a towing company may charge a reasonable fee for storage of the vehicle.

(g) A towing company may charge a reasonable fee for non-consensual towing or related storage services if the non-consensual towing of a motor vehicle is authorized by a law enforcement officer and the fee has been established by a:

1. Ordinance or resolution enacted by a municipality or other political subdivision in this State; or

2. Contract between a municipality or other political subdivision in this State and the towing company.

(h) If a towing company charges an owner or operator of a motor vehicle a fee for a private property or other non-consensual towing service that is disputed by the person, the parties shall use good faith efforts to resolve the dispute. If the parties are unable to resolve the dispute and the Director determines the fee to be unreasonable pursuant to N.J.A.C. 13:45A-31.5, the Director may order the towing company to reimburse the person for an amount equal to the difference between the charged fee and a reasonable fee, plus interest, as calculated pursuant to (i) below.

(i) The interest rate imposed pursuant to (h) above shall be based on the average rate of return, to the nearest whole or one-half percent, for the corresponding preceding fiscal year terminating on June 30, of the State of New Jersey Cash Management Fund (State accounts) as reported by the Division of Investment of the Department of the Treasury.

(j) A towing company performing a private property tow or other non-consensual tow shall take the motor vehicle being towed to the towing company's storage facility having the capacity to receive it that is nearest to the site from which the motor vehicle is towed.

(k) A bill for a private property tow or other non-consensual tow shall include the time at which a towed motor vehicle was delivered to a towing company's storage facility.

(l) A bill for a private property tow or other non-consensual tow shall include a list of all services provided to a person for which the towing company is charging pursuant to (a) above.

(m) A bill for a flat fee rendered for a private property or other non-consensual basic tow shall enumerate the towing services actually performed as part of the basic tow.

N.J. Admin. Code § 13:45A-31.4

Amended by R.2012 d.076, effective 4/16/2012.
See: 43 N.J.R. 2734(a), 44 N.J.R. 1276(a).
Added (j) and (k).

Amended by 53 N.J.R. 1503(a), effective 9/7/2021