N.J. Admin. Code § 13:45A-31.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:45A-31.5 - Unreasonable fees

(a) A fee for private property towing or other non-consensual towing services, and storage services, shall be presumed unreasonable if it is:

1. More than 25 percent higher than the fee charged by the towing company or storage facility for the same services when provided with the consent of the owner or operator of the motor vehicle; or

2. More than 50 percent higher than the fee charged for such other non-consensual towing or related storage service by other towing companies or storage facilities operating in the municipality from which the vehicle was towed.

(b) Notwithstanding (a) above, a fee will be presumed unreasonable if it exceeds the maximum amount that may be charged for the service according to a schedule of fees set forth in a municipal ordinance adopted pursuant to section 1 of P.L. 1979, c. 101 (N.J.S.A. 40:48-2.49) from the municipality in which the vehicle to be towed is situated.

(c) Notwithstanding (a) and (b) above, there is a rebuttable presumption of reasonableness for a fee charged in connection with non-consensual towing of a motor vehicle if it 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.

N.J. Admin. Code § 13:45A-31.5

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