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.

Similar Bills

NJ S3374

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

DE HB351

An Act To Amend Title 21 Of The Delaware Code Relating To The Removal Of Motor Vehicles From Private Or Public Property By Private Tow Companies.

DE HB67

An Act To Amend Title 21 Of The Delaware Code Relating To The Removal Of Motor

OK SB1741

Motor vehicle storage rates; providing for consensual towed vehicles; modifying rates. Effective date.

IA SF230

A bill for an act relating to towing or impounding vehicles, and making penalties applicable.

AZ HB2297

Judgments; liens; homestead exemption

LA HB839

Provides with respect to the towing of motor vehicles

NJ A4787

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