The purpose of this chapter is to provide standards, regulations
and rates for all police-requested towing and roadside repair services
on roadways within the Borough of Metuchen. Police-requested services
shall be rotated among licensees and provided under the supervision
of the Police Department of the Borough of Metuchen.
As used in this section, the following terms shall have the
meanings indicated:
BASIC TOWING SERVICE
The removal and transportation of a vehicle from a highway,
street, or other public or private road, or a parking area, or from
a storage facility, and other services normally incident thereto.
CRUISING
The operation of an unengaged tow truck along the public
streets in any fashion intended or calculated to solicit business.
EMPLOYEE
Any person employed by a licensee to operate a wrecker.
GROSS VEHICLE WEIGHT
The registration weight, the manufacturer's gross vehicle
weight rating or actual weight.
WRECKER
A vehicle used to tow or remove other vehicles usually so
damaged or disabled that they cannot proceed under their own power.
Class I wreckers are capable of towing or removing a category I vehicle
and class II wreckers are capable of removing or towing a category
II vehicle.
A license shall be required to perform police-requested towing
and roadside repair services on roadways within the Borough of Metuchen.
Any person or entity wishing to obtain a license pursuant to this
chapter shall submit a license application to the Borough Clerk.
Licenses shall be issued by the Borough Clerk. Each license
shall be issued for a maximum term of one year and shall terminate
on January 1st of the year following its issuance.
No person or entity shall be eligible for the issuance of a
license unless the following requirements are fulfilled:
A. All towing equipment utilized by applicants shall be in compliance
with state, federal and local laws.
B. Applicants shall have the following minimum equipment:
(1) One wrecker capable of removing an automobile.
(2) Safety equipment to be carried on all trucks shall include: A universal
towing sling, except flatbeds; J-hooks and chains; one snatch block
for three-eights to one-half inch cable; two high-test safety chains;
auxiliary safety light kit to place on rear of towed vehicle; four-lamp
or three-lamp revolving amber light or lamp bars of at least 500 candle
power pointed to the rear, mounted so as not to be obstructed by the
towed vehicle(s) and said lights must be engaged during the removal
of the vehicle(s); at least three flares or other suitable warning
devices visible for a distance of not less than 1,000 feet from the
disabled vehicles; toolbox with assortment of hand tools; rear working
lights and rear marker lights; cab lights; bodyclearing lights located
to clear towed vehicle; blocking choke for wrecker while working safety
cones; shovels and broom; steering wheel lock or tiedown; and an operational
fire extinguisher designed for vehicular fires which must be 25lb
BC dry chemical; and five gallons of absorbent granules for cleaning
up fluid spills.
(3) All wreckers must be properly and permanently lettered on both sides
according to Title 39 of the Motor Vehicle Code of New Jersey.
C. License applicants shall submit a detailed list of all wreckers and
service vehicles, as well as supplementary/auxiliary equipment owned
or leased which will be used in performance of this chapter. A copy
of the vehicle registration, amber light permit(s), certificate of
insurance for vehicles and property, insurance cards and leases must
also be provided with this list. The list must contain the following
information; type of vehicle, year/make, capacity and condition of
the vehicle.
D. License applicants shall demonstrate that they maintain a storage
facility properly zoned for such use. Each license applicant must
have an outdoor storage area large enough to accommodate at least
10 vehicles. Each license applicant may have an indoor, secured storage
area sufficient to house at least two vehicles and provide twenty-four-hour
security for the same for the storing of impounded vehicles involved
in criminal matters.
E. License applicants shall maintain the following insurance:
(1) A garage keeper's liability policy covering fire, theft, and explosion
in the minimum amount of $60,000.
(2) A garage liability policy covering the operation of the licensee's
equipment or vehicles for an amount of $300,000 for any one person
killed or injured in any one accident; and $100,000 for all property
damage from one accident.
(3) Automobile liability insurance in the amount of not less than $1,000,000
combined single limit for bodily injury and property damage liability.
(4) Worker's compensation insurance insuring the obligation of the wrecker
operator under the New Jersey Workers' Compensation and Occupational
Disease Laws.
(5) Insurance policies shall provide collision coverage for vehicles
in tow.
F. License applicants shall submit the following for the applicant and
all employees: name, address, date of birth, social security number,
photocopies of all New Jersey Drivers' licenses (including commercial
drivers licenses), signature, name and address of an individual to
contact in case of emergency. The Metuchen Police Department shall
conduct background investigations of all license applicants and their
employees. Any person with a criminal record will not be allowed to
perform Police Department towing and service and/or be issued a license.
All licensees shall comply with the following requirements of
conduct and performance:
A. Signs in view of the public shall be posted at storage facilities
which contain the licensee's license number, business name, phone
number, hours of operation, and towing fee schedule as outlined in
this chapter in its entirety.
B. Outdoor storage areas must be able to be entirely lit from dusk through
dawn and must be entirely enclosed by a sturdy fence at least eight
feet in height, unless any statute or regulation requires otherwise.
Storage areas shall be kept clean so as to be reasonably accommodating
to persons who may come upon said premises.
C. Licensees shall not store towed vehicles on top of one another, shall
not park any said vehicles on public roadways or sidewalks, nor shall
licensees block any public roadways or sidewalks with towed vehicles.
D. Employees of licensees must be registered with the Metuchen Police
Department prior to performing any services for licensees. Information
on employees shall be updated every 90 days in order to keep current
with changes in personnel.
E. Licensees and/or their employees must possess a valid New Jersey
driver's license.
F. Licensees and/or their employees shall be fully trained and knowledgeable
in the operation of all required equipment.
G. Licensees and/or their employees must be equipped with and trained
in the basic tools necessary to perform minor roadside repairs.
H. Licensees and/or their employees must be equipped with and trained
in the necessary tools and equipment to perform all facets of the
safe and efficient removal of all types of motor vehicles under this
chapter regardless of the physical condition of the vehicle.
I. Licensees are responsible for the removal of all debris from an accident
scene, which includes sweeping the roadway. Licensees and/or their
employees must be equipped with and trained in the necessary equipment
needed to completely remove, and must remove, all nonhazardous debris
from the scene of the accident. Debris must be placed in a container
or bag. Any minor fluid spills will be picked up by the wrecker operator
and may be put out in the regular trash after 24 hours.
J. Licensees and their employees must wear orange reflective safety
vests when engaged in the towing or repair of motor vehicles while
on public roadways.
K. Licensees and their employees must follow the directions of law enforcement
personnel.
L. Licensees and their employees are expected to always act in a professional
manner and at all times to be courteous and respectful towards members
of the public. Licensees and their employees shall not represent to
any member of the public that they are employees of the Borough of
Metuchen.
M. Licensees shall not engage in cruising.
N. Licensees shall be responsible for all vehicles and contents in their
custody that were towed off the roadway under the direction of the
police.
O. Licensees and their employees shall preserve evidence needed for
potential criminal and civil cases at the direction of law enforcement
personnel. Vehicles involved in criminal matters which are impounded
and stored in a licensee's storage area shall not be removed from
such storage area until written permission is obtained from the Metuchen
Police Department.
P. Licensees shall notify the Metuchen Police Department on a monthly
basis if they are in custody of any unclaimed vehicles. The Police
Department will file for titles of abandoned motor vehicles left on
a licensee's premises. Any licensee failing to notify the Metuchen
Police Department within 30 days that a vehicle has been abandoned
shall forfeit storage fees for days in excess of 30 days such vehicle
is stored.
Q. Licensees and their employees shall cooperate with other licensees
and their drivers in case of emergency services at the scene of the
accidents and/or disasters.
R. Licensees shall arrive at the scene within 20 minutes from a police
request for service.
[Amended 4-17-2017 by Ord. No. 2017-06]
S. Wreckers shall be maintained and operated in a safe and prudent manner
and in accordance with all existing traffic regulations.
T. Licensees shall maintain an accurate file of all vehicles towed.
Such files shall be maintained for three years.
U. Licensees shall make their storage facilities open to the public
Monday through Friday, 8:00 a.m. to 6:00 p.m.
V. Licensees must post the fee schedule contained in this section in
its entirety on each wrecker in easy view of the public.
W. Licensees shall fill out an abandoned vehicle form and bring it to
the Metuchen Police Department on the thirty first (31st) day of holding
a vehicle. If the vehicle is sold at a public auction, the minimum
bid will be the cost of the tow and storage fees unless a lower bid
is authorized by the licensee.
X. All licensees must have a phone number where they can be reached
24 hours a day to take calls for police-requested towing and service.
Such phone number may not be a beeper number. There will be at least
one yearly meeting between all licensees and the Metuchen Police Department.
All licensees will have at least one representative present.
Y. If a licensee fails to respond to a towing or service call in a timely
manner, the next licensee on the appropriate list shall be called
to handle the call. A wrecker which arrives at the site of a towing
or service call after the time to respond has expired shall not be
allowed to handle that call, in the event a second licensee has already
been called to handle the towing or service call.
Z. Licensees may not transfer a license issued pursuant to this chapter
under any circumstances.
AA. All towing equipment utilized by licensees shall be in compliance
with state, federal, and local laws and shall be inspected by the
Metuchen Police Department on an annual basis.
BB. All towing equipment utilized by licensees shall be in compliance
with state, federal, and local laws and shall be inspected by the
Metuchen Police Department on an annual basis.
The Police Department shall maintain current rotational lists
of wrecker operators for police-requested service calls and towing
calls. The Police Department shall maintain a list for service calls
and two towing call lists; one for wreckers capable of towing light-duty
vehicles and one for wreckers capable of towing heavy-duty vehicles.
The Chief of Police may promulgate rules and regulations to
implement the provisions of this chapter.