N.J. Admin. Code § 13:45A-31.6

Current through Register Vol. 56, No. 17, September 3, 2024

Section 13:45A-31.6 - Towing motor vehicles from private property

(a) A private property towing company shall not remove a motor vehicle from private property without the consent of the owner or operator of the motor vehicle, unless:

1. The private property towing company has entered into a written contract with the owner of the private property to provide private property towing services;

2. The owner of the private property has posted a sign, in a conspicuous place at each vehicular entrance, at least 36 inches high and 36 inches wide stating:

i. The purposes for which parking is authorized and the times during which such parking is permitted;

ii. That unauthorized parking is prohibited and unauthorized motor vehicles will be towed at the owner's expense;

iii. The name, address and telephone number of the private property towing company that will perform the private property towing;

iv. The charges for the private property towing and storage of towed motor vehicles;

v. The street address of the storage facility where towed motor vehicles can be redeemed after payment of the posted charges and the times during which a motor vehicle may be redeemed; and

vi. That a person may contact the Division of Consumer Affairs by calling 1-800-242-5846;

3. The property owner has authorized the private property towing company to remove the motor vehicle; and

4. The private property towing company tows the motor vehicle to a secure storage facility having the capacity to receive it that is nearest to the site from which the motor vehicle is towed.

(b) The provisions of (a) above shall not apply if:

1. A motor vehicle is parked on a lot or parcel on which is situated a single-family unit;

2. A motor vehicle is parked on a lot or parcel on which is situated an owner-occupied multi-unit structure of not more than six units;

3. A motor vehicle is parked in front of any driveway or garage entrance where the motor vehicle is blocking access to that driveway or entrance; or

4. A tow is authorized by a law enforcement officer in the performance of the officer's duties and is appropriate to protect public safety.

(c) The provisions of (a)2 above shall not apply if the private property from which the motor vehicle is to be towed is a residential community in which parking spaces are assigned to community residents and:

1. The assigned spaces are clearly marked as such;

2. There is documented approval from the private property owner authorizing the removal of the motor vehicle; and

3. A sign is posted in a conspicuous place at all vehicular entrances that:

i. States that unauthorized parking in an assigned space is prohibited;

ii. States that unauthorized vehicles will be towed at the owner's expense; and

iii. Includes information, or a telephone number, enabling the motor vehicle owner or operator to obtain information as to the location of the towed motor vehicle.

(d) The exemption in (c) above shall not apply to a private parking lot or parcel owned or assigned to a commercial or other nonresidential entity located in the residential community.

N.J. Admin. Code § 13:45A-31.6

Amended by 50 N.J.R. 2154(a), effective 10/15/2018

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