In New Jersey, the towing of vehicles from private property is governed by specific laws designed to protect both property owners and vehicle owners. Understanding these regulations is crucial to know your rights and responsibilities.
Understanding the Predatory Towing Prevention Act
New Jersey’s Predatory Towing Prevention Act, effective since April 15, 2009, regulates towing practices from private properties without the vehicle owner’s consent. The law aims to prevent unfair towing practices and outlines clear requirements for lawful towing.
When Can a Vehicle Be Towed from Private Property?
Under New Jersey Revised Statutes § 56:13-13 and N.J. Admin. Code § 13:45A-31.6, a vehicle can be towed from private property without the owner’s consent only if:
- Contractual Agreement: The property owner has a written contract with a towing company for such services.
- Proper Signage: Signs are posted at all vehicular entrances, at least 36 inches high and wide, stating:
- Authorized parking purposes and times.
- Unauthorized vehicles will be towed at the owner’s expense.
- Towing company’s name, address, and phone number.
- Charges for towing and storage.
- Address of the storage facility and vehicle redemption times.
- Contact information for the Division of Consumer Affairs
- Authorization: The property owner has authorized the towing of the specific vehicle.
- Storage Facility: The vehicle is towed to a secure storage facility within a reasonable distance.
Exceptions to the Rule
Certain situations allow for immediate towing without the above conditions:
- Private Residences: Vehicles parked on single-family units or owner-occupied multi-unit structures (up to six units) can be towed without posted signs.
- Blocked Access: Vehicles blocking driveways or garage entrances can be towed immediately.
- Law Enforcement: Police officers can authorize towing if it’s necessary for public safety during their official duties.
Your Rights If Your Car Is Towed
If your vehicle is towed from private property:
- Immediate Release: If your vehicle is hooked but not yet removed, you can request its release. The towing company may charge a “decoupling fee,” but cannot impose additional charges.
- Payment Options: Towing companies must accept at least two major credit cards and cannot demand cash-only payments.
- Fee Transparency: Charges must be reasonable and not exceed rates set by local ordinances.
- Access to Vehicle: Storage facilities must be open to the public between 8 AM and 6 PM at least five days a week and make reasonable accommodations for after-hours vehicle release.
What to Do If You Believe Your Vehicle Was Illegally Towed
If you suspect your vehicle was towed unlawfully:
- Gather Information: Document the location, signage, and any communication with the towing company.
- Contact Authorities: Reach out to the New Jersey Division of Consumer Affairs at 1-800-242-5846 to file a complaint
- Legal Action: Consider consulting with an attorney to explore legal remedies.
Conclusion
While police and towing companies have the authority to tow vehicles from private property under specific conditions, New Jersey law provides clear protections for vehicle owners. Being informed about these regulations ensures that your rights are upheld and helps prevent unlawful towing practices.