Bill Text: NJ S3030 | 2010-2011 | Regular Session | Introduced
Bill Title: Increases penalties for repeated violations of Predatory Towing Prevention Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-09-19 - Introduced in the Senate, Referred to Senate Transportation Committee [S3030 Detail]
Download: New_Jersey-2010-S3030-Introduced.html
Sponsored by:
Senator ROBERT M. GORDON
District 38 (Bergen)
SYNOPSIS
Increases penalties for repeated violations of Predatory Towing Prevention Act.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the Predatory Towing Prevention Act, amending P.L.2007, c.193, and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 10 of P.L.2007, c.193 (C.56:13-16) is amended to read as follows:
10. It shall be an unlawful practice for any private property towing company or for any other towing company that provides non-consensual towing services:
a. (Deleted by amendment, P.L.2009, c.39)
b. (Deleted by amendment, P.L.2009, c.39)
c. (Deleted by amendment, P.L.2009, c.39)
d. To give any benefit or advantage, including a pecuniary benefit, to any person for providing information about motor vehicles parked for unauthorized purposes on privately owned property or otherwise in connection with private property towing of motor vehicles parked without authorization or during a time at which such parking is not permitted;
e. To fail, when so requested by the owner or operator of a vehicle subject to non-consensual towing, to release a vehicle to the owner or operator that has been, or is about to be, hooked or lifted but has not actually been moved or removed from the property when the vehicle owner or operator returns to the vehicle, or to charge the owner or operator requesting release of the vehicle an unreasonable or excessive decoupling fee. Such a fee shall be presumptively unreasonable and excessive if it exceeds by more than 25 percent, or a different percentage established by the director by regulation, the usual and customary decoupling fee charged by the towing company for a vehicle subject to consensual towing, or if it exceeds by more than 50%, or a different percentage established by the director by regulation, the usual and customary decoupling fee charged for vehicles subject to non-consensual towing by other private property towing companies operating in the municipality in which the vehicle was subjected to non-consensual towing;
f. (1) To charge a fee for a private property or other non-consensual towing or related storage service not listed on the schedule of services for which a fee may be charged as established by the director except as may be permitted by the director by regulation; or
(2) To charge an unreasonable or excessive fee;
g. To refuse to accept for payment in lieu of cash or an insurance company check for towing or storage services a debit card, charge card or credit card if the operator ordinarily accepts such card at his place of business, unless such refusal is authorized in accordance with section 4 of P.L.2002, c.67 (C.56:13-4) as amended by section 21 of P.L.2007, c.193; or
h. To monitor, patrol, or otherwise surveil a private property for the purposes of identifying vehicles parked for unauthorized purposes and towing a motor vehicle parked for an unauthorized purpose from such private property without having been specifically requested to tow such vehicle by the owner of the property.
i. In addition to the specific conduct in violation of any subsection of this section, each instance of towing a motor vehicle in connection with, or as a result of, conduct in violation of subsection d. or h. of this section shall constitute a separate and distinct violation.
(cf: P.L.2009, c.39, s.6)
2. Section 15 of P.L.2007, c.193 (C.56:13-21) is amended to read as follows:
15. a. It is an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate any provision of this act.
b. In addition to any penalties or other remedies provided in P.L.1960, c.39 (C.56:8-1 et seq.), the director may order a towing company that has billed a consumer for any nonconsensual towing or related storage an amount determined by the director to be unreasonable to reimburse the consumer for the excess cost with interest.
c. Each instance of towing a motor vehicle in connection with, or as a result of, conduct in violation of the "Predatory Towing Prevention Act," P.L.2007, c.193 (C.56:13-7 et seq.) shall constitute a separate and distinct violation.
(cf: P.L.2009, c.39, s.10)
3. (New section) a. A person commits a crime of the fourth degree if, with the purpose to obtain a benefit for himself or another, he commits 10 or more acts that violate the provisions of section 10 of P.L.2007, c.193 (C.56:13-16). It shall not be a defense under this section that the acts were not part of a common plan or scheme, involved different tow truck drivers, did not have a similar method of commission, or that a benefit was not actually obtained.
b. A person convicted of a pattern of predatory towing, defined as 10 or more acts that violate the provisions of section 10 of P.L.2007, c.193 (C.56:13-16) or a substantially similar crime under the laws of another state or the United States, shall be permanently barred from providing commercial towing services unless the court finds that such permanent debarment would be a serious injustice which overrides the need to deter such conduct by others and in such case the court shall determine an appropriate period of debarment which shall be for a period of not less than one year. If the court does not permanently debar such person, the sentence shall not become final for 10 days in order to permit the appeal of such section by the prosecution.
4. This act shall take effect on the first day of the fourth month following enactment.
STATEMENT
This bill would increase the penalties for repeated violations of the Predatory Towing Prevention Act. The bill specifies that each instance of towing a motor in violation of the Predatory Towing Prevention Act should be considered a separate and distinct violation. In addition, the bill would create the crime of a "pattern of predatory towing," defined as having committed 10 or more violations the towing guidelines set forth in the Predatory Towing Prevention Act or a substantially similar crime under the laws of another state or the United States.
A person convicted of a pattern of predatory towing would be guilty of a crime in the fourth degree. A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of $10,000, or both. The bill would also require that a person convicted of a pattern of predatory towing be permanently barred from providing commercial towing services, unless the court finds that such permanent debarment would be a serious injustice which overrides the need to deter such conduct by others.
