New Jersey § 34:3a-4

§ 34:3a-4.

The Legislature finds and declares that: a. Because of the fire hazards directly associated with dispensing fuel, it is in

the public interest that gasoline station operators have the control needed over that

activity to ensure compliance with appropriate safety procedures, including turning

off vehicle engines and refraining from smoking while fuel is dispensed; b. At self-service gasoline stations in other states, cashiers are often unable to

maintain a clear view of the activities of customers dispensing gasoline, or to give

their undivided attention to observing customers; therefore, when customers, rather

than attendants, are permitted to dispense fuel, it is far more difficult to enforce

compliance with safety procedures; c. The State needs stronger measures to enforce both compliance by customers with

the ban on self-service and compliance by attendants with safety procedures; d. The higher general liability insurance premium rates charged to self-service stations

reflect the fact that customers who leave their vehicles to dispense gasoline or other

inflammable liquids face significant inconveniences and dangers, including the risks

of crime and fall-related personal injury, which are a special burden to drivers with

physical infirmities, such as the handicapped and some senior citizens; e. Exposure to toxic gasoline fumes represents a health hazard when customers dispense

their own gasoline, particularly in the case of pregnant women; f. The significantly higher prices usually charged for full-service gasoline in states

where self-service is permitted results in discrimination against low income individuals,

who are under greater economic pressure to undergo the inconvenience and hazards of

dispensing their own gasoline; g. The increasing use of self-service has contributed to the diminished availability

of repair facilities and maintenance services at gasoline stations; h. Even in filling stations which offer both self-service and full-service gasoline,

customers are less likely, because of the much higher price usually charged for full

service, to have attendants make needed maintenance checks, thus causing significant

neglect of maintenance and danger both to the customers and to other motorists, as

well as the unneeded costly repairs which often result from deferred maintenance; i. The prohibition of customer self-service does not constitute a restraint of trade

in derogation of the general public interest because the Legislature finds no conclusive

evidence that self-service gasoline provides a sustained reduction in gasoline prices

charged to customers; and j. A prohibition of self-service gasoline will therefore promote the common welfare

by providing increased safety and convenience without causing economic harm to the

public in general.