Private Property and Non-Consensual Towing Companies
NJAC 13:45A-31.1 to 31.10
viii. Use of a flat bed tow truck, a flat fee, which shall be charged if a motor vehicle can be
transported only by a flat bed tow truck;
ix. Use of special equipment other than the first tow truck to recover a motor vehicle that cannot be
recovered by winching or pieces of a motor vehicle that cannot be moved by hand, which may be
both a labor and an equipment charge billed in half-hour increments;
x. Decoupling;
xi. Storage at a towing company's storage facility;
xii. More than three trips to the motor vehicle in storage, which may be invoiced as an
administrative fee, which shall be a flat fee; and
xiii. Releasing a motor vehicle from a towing company's storage facility after normal business hours
or on weekends, which shall be a flat fee.
(b) A towing company that engages in private property towing or other non-consensual towing shall not
charge for the use of a flat bed tow truck if a motor vehicle can safely be towed in an upright position by
another type of tow truck, even if the private property towing company chooses to use a flat bed tow
truck for the tow.
(c) A towing company that engages in private property towing or other non-consensual towing may
charge for the tolls it incurs driving to the site from which a motor vehicle will be towed and while towing
the motor vehicle from that site to the towing company's storage facility.
(d) A towing company that engages in private property towing or other non-consensual towing shall
calculate storage fees based upon full 24-hour periods a motor vehicle is in the storage facility. For
example, if a motor vehicle is towed to a storage facility at 7:00 P.M. on one day and the owner of the
motor vehicle picks up the motor vehicle before 7:00 P.M. the next day, the towing company shall
charge the owner of the motor vehicle only for one day of storage. If a motor vehicle is stored for more
than 24 hours, but less than 48 hours, the towing company may charge for two days of storage.
(e) A towing company shall not charge any fee for private property towing or other nonconsensual
towing and related storage services not included in (a) above.
(f) If a towing company charges a consumer a fee for a private property or other non-consensual towing
service that is disputed by the consumer, the parties shall use good faith efforts to resolve the dispute.
If the parties are unable to resolve the dispute and the Director determines the fee to be unreasonable
under N.J.A.C. 13:45A-31.5, the Director may order the towing company to reimburse the consumer for
an amount equal to the difference between the charged fee and a reasonable fee, plus interest, as
calculated pursuant to (g) below.
(g) The interest rate imposed pursuant to (f) above shall be based on the average rate of return, to the
nearest whole or one-half percent, for the corresponding preceding fiscal year terminating on June 30,
of the State of New Jersey Cash Management Fund (State accounts) as reported by the Division of
Investment of the Department of the Treasury.
(h) A towing company performing a private property tow or other non-consensual tow shall take the
motor vehicle being towed to the towing company's storage facility having the capacity to receive it that