Pub. 11 2012-2013 Issue 4

N e w J e r s e y C o a l i t i o n O f A u t o m o t i v e R e t a i l e r s 13 new jersey auto retailer w w w . n j c a r . o r g Failure to Challenge Government Modification of Access to Your Dealership Can Destroy Your Business BEWARE: By Marvin J. Brauth, Esq. Access to and from the highway is critical for a motor vehicle dealership. Customer convenience begins with easy entry into and exit from a dealership. Loss of direct highway access, with customers being required to use service roads, access roads or side roads, can negatively impact a customer’s willingness to visit a dealership or leave them frustrated when they do. Even small changes in curb cuts can impact on-site vehicle circulation and create incon- venience or confusion in reaching the service entrance or customer parking. These changes can also create obstacles for large trucks, including vehicle transport carriers, from entering and navigating a property. However, even though a dealer may own (or rent) the dealership property, they do not control access to the property. The govern- ment can alter the roadway system that enables customers and vendors to reach the dealership in ways that can make access circuitous, inconvenient or even difficult. Curb cuts are granted by the State, county or municipality, and, subject to certain limita- tions, may be taken away, limited or moved. Business owners are not entitled to the best possible access from a business point of view. The State Highway Code only requires the State to provide “reasonable” access. Counties and munici- palities apply the same concept. What constitutes “reasonable” access depends on the use to which a property is put. Even for commercial properties like vehicle dealerships, however, direct in-out access to and from the main roadway is not required. beware  continued on page 14