​​​50 N.J.R. 1205(a)

VOLUME 50, ISSUE 9, MAY 7, 2018
RULE PROPOSALS

Reporter
50 N.J.R. 1205(a)
NJ - New Jersey Register  >  2018  >  MAY  >  MAY 7, 2018  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement

INTERESTED PERSONS

Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal.

The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of    N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register.

At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at    N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code.

Agency

Proposed Amendments: N.J.A.C. 13:45A-31.6 and 31.8
Text

Towing Motor Vehicles from Private Property; Private Property Towing Practices

​​​Authorized By: Sharon Joyce, Acting Director, Division of Consumer Affairs.
Authority: N.J.S.A. 56:13-6 and P.L. 2017, c. 321.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2018-039.
Submit written comments by July 6, 2018, to:
   Sharon Joyce, Acting Director​
   State of New Jersey
   Division of Consumer Affairs
   Office of the Director
   PO Box 45027
   Newark, New Jersey 07101
   or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:

Summary

N.J.S.A. 56:13-13 prohibits a person from towing a motor vehicle from private property unless he or she satisfies certain conditions. The law establishes that these prohibitions do not apply in specific situations. P.L. 2017, c. 321, adds tows authorized by law enforcement officers in performance of the officer's duties that are deemed appropriate for public safety to the list of specific situations that are exempted from the prohibitions in N.J.S.A. 56:13-13. N.J.S.A. 56:13-16 requires a towing company to release a motor vehicle to its owner or operator when the vehicle has been hooked or lifted but has not yet been removed from the property. P.L. 2017, c. 321, exempts tows authorized by law enforcement officers from the release requirements of N.J.S.A. 56:13-16. The Division of Consumer Affairs (Division) proposes to amend N.J.A.C. 13:45A-31.6 and 31.8 to effectuate P.L. 2017, c. 321.
As the Division has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

​​The Division does not anticipate that the proposed amendments will have an impact on society.

Economic Impact

The Division does not anticipate that the proposed amendments will have any economic impact.

Federal Standard Statement

49 U.S.C. § 14501 preempts states from regulating prices, routes, or services of motor carriers. This preemption does not prevent states from regulating safety or imposing insurance requirements on motor carriers or regulating pricing for non-consensual towing. The proposed amendments do not impose price, route, or service requirements on towing companies engaging in consensual towing services. As the proposed amendments do not regulate towing practices that are Federally preempted, nor are there Federal laws or standards applicable to the rule of non-consensual towing, a Federal standards analysis is not required.

Jobs Impact

The Division does not believe that the proposed amendments will either increase or decrease the number of jobs in New Jersey.

Agriculture Industry Impact

The Division does not expect the proposed amendments to have any impact on the agriculture industry in the State.

Regulatory Flexibility Statement

It is likely that the majority of towing companies employ fewer than 100 individuals and will be considered "small businesses" under the Regulatory Flexibility Act (Act), N.J.S.A. 52:14B-16 et seq.

The proposed amendments impose no costs and will not require towing companies to employ any professional services. The proposed amendments do not impose any compliance, recordkeeping, or reporting requirements and, therefore, no regulatory flexibility analysis is required.

Housing Affordability Impact Analysis

The proposed amendments will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendments would evoke a change in the average costs associated with housing because the proposed amendments concern towing of motor vehicles.

Smart Growth Development Impact Analysis

The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments concern towing of motor vehicles.

​​Regulations

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 31.  PRIVATE PROPERTY AND NON-CONSENSUAL TOWING COMPANIES

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

(a) (No change.)

(b) The provisions of (a) above shall not apply if [a motor vehicle is parked]:

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

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

3. [In] 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)-(d) (No change.)

13:45A-31.8 Private property towing practices

(a)-(c) (No change.)

(d)The provisions of (b) above shall not apply if a tow is authorized by a law enforcement officer in the performance of the officer's duties and is appropriate to protect public safety.

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