As used in this chapter, the following terms shall have the
meanings indicated:
AUTOMOBILE
A motor vehicle of a private passenger, sport utility or
station wagon type that is owned or leased and is neither used as
a public or livery conveyance for passengers nor rented to others
with a driver; and a motor vehicle with a pickup body, or delivery
sedan, a van, or a panel truck or a camper-type vehicle used for recreational
purposes owned by an individual or by husband and wife who are residents
of the same household, not customarily used in the occupation, profession
or business of the owner(s).
BASIC TOWING SERVICE
The removal and transportation of an automobile 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,
but does not include recovery of an automobile from a position beyond
the right-of-way or berm, or from being impaled upon any other object
within the right-of-way or berm.
COMMERCIAL VEHICLE
Any vehicle other than that as defined as an automobile pursuant
to the definitions as contained in this chapter.
INSIDE BUILDINGS
A vehicle storage facility that is completely indoors, having
one or more openings in the walls, for storage and removal of vehicles
and that is secured by a locking device on each opening.
MOTOR VEHICLE ACCIDENT
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations which are accidental as to the owner or operator
of the motor vehicle, even if they were caused by the intentional
acts of a perpetrator where the perpetrator was not the owner or operator
of the motor vehicle.
OUTSIDE SECURED
An automobile storage facility that is not indoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high. The facility is to be lighted at night.
OUTSIDE UNSECURED
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as inside building or outside
secured.
TOW VEHICLE
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or underreach equipment specifically
designed by its manufacturer for the removal or transport of motor
vehicles.
To qualify for inclusion on the list of official towers, applicants
must meet the following minimum standards:
A. Minimum vehicle requirements.
(1) Every official tower shall maintain and have available to render
services required by this chapter a minimum of two regular tow vehicles,
two flatbed vehicles and two heavy-duty wreckers.
(2) Vehicle classes:
(a)
Regular tow vehicles must be equipped with a boom or winch assembly
mounted on the chassis, a dolly assembly, a tow sling or wheel lift
assembly at least 100 feet of either 3/8 inch or 7/16 inch cable attached
to a motor-driven winch.
(b)
Flatbed vehicles must be equipped with a winch or hydraulically
operated bed which slides or tilts to accommodate transporting of
vehicles.
(3) Every official tower shall have available a heavy-duty wrecker, and
underreach shall be rated at 35,000 pounds and shall be capable of
towing new-style buses and trucks with fiberglass front ends.
(4) All equipment shall comply with all state and federal regulations.
(5) Each applicant shall submit, along with its application, proof of
ownership, lease or other written agreement demonstrating availability
as needed of the vehicles which will be utilized to provide services
pursuant to this section.
B. Minimum equipment requirements.
(1) Every tow vehicle or flatbed vehicle shall be equipped with the following:
(a)
At least one amber rotating beacon or strobe light mounted on
the highest practical location of the vehicles, visible from 360°
when in use and visible at a minimum distance of 500 feet during daylight
hours.
(b)
One snatch block per winch.
(c)
Safety tow lights or magnetic tow lights for towing vehicles
at night, amber colored.
(d)
Extra chains/wire rope/nylon straps and cable for pulling or
securing a towed vehicle.
(e)
At least one heavy-duty broom, a shovel, a crowbar or pry bar,
a set of jumper cables, a flashlight, one two-pound or larger fire
extinguisher of dry chemical type, one dozen flares or similar warning
devices for placement at the scene of an accident or behind a disabled
vehicle, at least 40 pounds of dry sand or a drying compound for gasoline
and oil spilled onto the roadway and a container of sufficient size
to remove the used compound, a sufficient quantity and types of tools
to enable the tow operator to perform proper and adequate emergency
repair services for the tow.
(2) Every tow vehicle or flatbed vehicle shall comply with any and all
state, federal and local laws, regulations and ordinances pertaining
to safety, lighting and towing equipment requirements and shall be
subject to inspection by the Saddle River Police Department at any
time. No changes may be made in said vehicles or equipment unless
prior written approval is obtained from the Borough.
(3) Every tow vehicle or flatbed vehicle shall display the official tower's
license and shall have the name of the official tower displayed on
the vehicle in such manner and of such lettering as conforms to the
provisions of N.J.S.A. 39:4-46.
(4) All towing operators' trucks must be equipped with either two-way
radio and/or mobile telephone communications equipment with their
principal place of business, including their garage and/or office
facilities, to ensure the proper availability of services and equipment
on behalf of the Borough and motorists.
(5) The towing operators' wrecker(s) and all other vehicles shall
be properly licensed and registered with the New Jersey Division of
Motor Vehicles.
(a)
Towing operators' vehicles shall display New Jersey commercial
license plates.
C. Minimum personnel requirements; availability and response time.
(1) Official towers shall have available, at all times, a minimum of
two persons to provide the services required by this chapter. All
persons employed by official towers to provide the services required
by this chapter shall meet the following requirements and be subject
to the following regulations. They shall:
(a)
Be competent mechanics able to provide minimum road service
for disabled vehicles.
(b)
Have a valid driver's license having no restrictions or
conditional endorsements other than a condition requiring the wearing
of eyeglasses.
(c)
Be mentally alert and present a neat appearance at all times.
(d)
Obey all traffic laws and regulations.
(e)
Be subject to inspection by the Police Department of the Borough
and shall be approved by the Borough prior to rendering any services
pursuant to this chapter.
(f)
Not have been convicted of a crime nor had their driving privileges
suspended or revoked within the past year.
(2) Employees of the towing operator, in responding to a call, shall
request and be afforded police assistance during the course of providing
towing, emergency road services or removal of abandoned or accident
vehicles when such employees find it necessary to turn around, back
up, tow in the opposite direction of traffic, or cross the median.
(3) A towing operator shall not permit a vehicle to be removed from the
site of a vehicular accident, the scene of a crime or any other instance
or situation without the prior approval and permission of a police
officer and/or superior at the scene.
D. Minimum storage requirements.
(1) Every official tower shall maintain an outside secured storage area
meeting the following requirements:
(a)
The storage area shall be capable of storing a minimum of 10
passenger vehicles and one tractor and trailer. The area shall have
at least 800 square feet of storage facilities to hold and protect
"police hold" vehicles.
(b)
The location of the towing facility and storage area shall be
located within a two-mile radius from the Saddle River Municipal Building
or in a contiguous municipality, provided the response time requirements
herein are met. This location is established to ensure reasonable
response times and towing distances.
(c)
The storage area shall be fully enclosed by a sturdy fence having
a minimum height of six feet, with at least one lockable gate for
ingress and egress, and shall be lighted from dusk to dawn. The storage
area shall have twenty-four-hour video surveillance.
(d)
The storage area shall be in an area legally zoned for such
use.
(e)
The hours of release for any impounded vehicles are Monday through
Friday from 8:00 a.m. to 4:30 p.m. and Saturdays 9:00 a.m. to 3:00
p.m. If the owner of a vehicle requests that the vehicle be released
after hours, the storage facility may charge a fee of $60 for such
release.
(f)
The official tower shall have an employee on duty during all
hours in which the storage facility is open.
(h)
The applicant shall, with its application, submit proof of ownership or lease of the storage area. Where more than one tower shares the same location, the number of parking spaces described in Subsection
D(1)(a) above shall be multiplied by the number of towers using the location to meet the requirements of this chapter.
(i)
The official tower shall be responsible for ensuring the proper
and safe storage of all vehicles towed pursuant to this chapter. The
official tower shall be liable for any damage incurred by such vehicles
while in transit to or while stored in the storage areas.
The applicant shall agree, in writing, to assume the defense
of and indemnify and hold harmless the Borough, its elected officials,
Police Department, boards, commissions, officers, employees and agents
from all suits, actions, damages or claims, fees, costs, expenses,
fines or penalties to which the Borough may be subjected of any kind
and nature whatsoever resulting from, caused by, arising out of or
as a consequence of the provisions of towing, wrecking, storage and/or
emergency services provided at the request of the Police Department
or Borough pursuant to this chapter. Official towers shall enter into
a hold harmless agreement in a form to be prepared by the Borough
Attorney prior to being included on the Official Towers' List.
The tower shall maintain, during the life of its license, insurance
policies of the type and with the minimum limits indicated below and
in a form satisfactory to the Borough. The tower shall provide a certified
copy of the policies and/or certificates of insurance satisfactory
to the Borough prior to commencement of work. All policies and/or
certificates shall be submitted to the Borough Risk Management Consultant
for review and approval.
A. Garage liability insurance. Limit of liability shall not be less
than $1,000,000 combined single limit (bodily injury and property
damage) per occurrence, including premises operations and products/completed
operations.
B. Automobile liability insurance. Limit of liability shall not be less
than $1,000,000 combined single limit (bodily injury and property
damage) per occurrence.
C. Garagekeepers insurance. Physical damage insurance policies shall
be specifically endorsed to provide direct primary insurance, where
applicable, for vehicles in tow, possession of, or storage on property
owned or controlled by the tower. Limit of said coverage shall be
not less than $200,000.
D. Excess umbrella insurance. Limit of liability shall be not less than $1,000,000 providing protection in excess of the $500,000 garage and auto liability coverage. Note: This requirement may be waived if the limits of liability in Subsections
A and
B are not less than $1,000,000 combined single limit.
E. On all liability policies, the Borough of Saddle River shall be added
as an additional insured, and insurance policies and/or certificates
shall indicate such coverage as primary coverage notwithstanding any
insurance carried by the Borough.
F. Workers' compensation insurance. New Jersey statutory coverage,
including employers' liability coverage.
G. The tower shall indemnify the Borough and the public against any
loss due to injuries, accident or damages of any character whatsoever
where any such damage is the result of act or omission of the tower,
his agents or employees in or due to the execution of the work called
for under the contract.
H. Certified copies of all insurance policies provided above or certificates
thereof satisfactory to the Borough of Saddle River shall be furnished
forthwith. Each such policy or certificate shall contain a provision
that it is not subject to material change, cancellation or nonrenewal
unless 30 days' prior written notice via certified mail/return
receipt shall have been given to the Borough of Saddle River by the
tower's insurer. These must be received 30 days' prior to
commencement of work.
I. The providing of any insurance required herein does not relieve the
tower of any of the responsibilities or obligation assumed by the
tower for which the tower may be liable by law or otherwise.
J. If any policies contain deductibles or copayments, it shall be the
responsibility of the tower to pay such sums at the same time a claim
is settled by the tower's insurance company.
K. If any policies contain limits of liability with an aggregate limit,
the tower or tower's insurance company shall provide the Borough,
quarterly during the policy period, a statement evidencing the limits
of liability required under the contract to be in force.
L. Failure to provide and continue in force such insurance as required
above shall be deemed a material breach of the contract and shall
cause an immediate termination thereof.
M. All policies shall be written in either a company licensed to do
business in the State of New Jersey or a New Jersey eligible surplus
lines company, with a minimum Best rating of A-Vii (A minus seven).
They shall be written on an ISO (insurance services office) form or
better.