New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 38 - ROADSIDE, DRAINAGE, UNUSUAL, AND DISASTER MAINTENANCE
Subchapter 5 - REMOVAL OF VEHICLES, CARGO AND OTHER OBJECTS
Section 16:38-5.1 - Removal of objects from highway

(a) The Commissioner of Transportation or any officer or employee of the Department may cause the removal of objects from a highway to another place on or off the highway in accordance with this subchapter.

(b) The Commissioner of Transportation or any officer or employee of the Department may direct the removal of objects from a highway to another place on or off the highway by Department employees, or by private contractors with the State, or may authorize the State, county or municipal police to cause the removal.

(c) If an object is standing wholly or partially on the traveled portion of a highway, the object may be removed immediately.

(d) If no portion of the object is standing on the traveled portion of the highway, but its location obstructs travel or view, obstructs an ongoing maintenance operation on the highway, compromises the functional integrity of the highway, or creates a hazard to the public, the object may be removed immediately. This subsection does not apply to vehicles legally parking, stopping or standing.

(e) If no portion of the object is standing on the traveled portion of the highway and its location does not obstruct travel or view or an ongoing maintenance operation on the highway, and does not otherwise compromise the functional integrity of the highway or create a hazard to the public, the object may only be removed after the expiration of a four-hour period from the time the Department receives notification of the object on the highway, unless the owner consents to earlier removal. This section shall not be applied to vehicles legally parking, stopping or standing. In the event a vehicle is parking beyond the legal time limit for the location, the vehicle may be removed after the expiration of a four-hour period beyond the limit, except as otherwise provided for in 39:4-56.5.

(f) If a vehicle is legally parked, stopped or is standing off of the traveled portion of the highway where not prohibited or restricted by statute or regulation, but the vehicle appears to be abandoned or otherwise poses a hazard, the Department will contact the State, county and municipal police, and ask the police authority with primary patrol responsibility over the highway to cause the removal of the vehicle. If the police authority with primary patrol responsibility declines to remove the vehicle, the Department may affix a notice on the vehicle advising that if the vehicle is not removed by a specified time, the Department will cause the vehicle's removal. If the vehicle has not been removed by the time specified in the notice, the Department may ask the police authority with primary patrol responsibility to cause its removal, or the Department may cause the vehicle's removal.

(g) In the event the owner is not present at the location of the object, the Department will attempt to notify the owner as soon as practicable after the Department receives notification of the object on the highway and, if possible, prior to removal of the object. The Department will attempt to cooperate with the owner whenever possible regarding removal of the object. In no event, however, will the immediate removal of an object authorized by (c) or (d) above be delayed pending the Department's attempt to notify the owner.

(h) Once an object has been removed by Department employees or by private contractors at the request of the Department, the Department will, as soon as practicable, provide the municipal, county, and State police, with a description of the object, the location from which it was removed, and the location to which it was taken. The Department will then attempt to notify the owner as soon as practicable of the location to which the object was taken, and provide the owner with information as to how the object may be retrieved.

(i) If an object is removed by the police at the request of the Department, the Department will, as soon as practicable, attempt to notify the owner of the telephone number and location of the police station with information regarding retrieval of the object.

(j) If an object is removed and stored by a private contractor, the owner shall pay the contractor the cost of removal and storage prior to retrieval of the object.

(k) If an object is removed by Department employees and stored on the Department's property, the owner shall pay the State the cost of removal and storage. The Department may require that the cost be paid prior to retrieval.