As used in this chapter, the following terms shall have the
meanings indicated:
AUTOMOBILE
A private passenger motor vehicle or any vehicle included
in the definition of "automobile" under N.J.A.C. 11:3-38.2.
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.
MOTOR VEHICLE
Includes all vehicles propelled otherwise than by muscular
power, except such vehicles as run only upon rails or tracks, or motorized
bicycles.
TOW OPERATOR
A person engaged in the business of towing and storing motor
vehicles or offering the services of a tow vehicle or tow truck and
storage services.
TOW VEHICLE or TOW TRUCK
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by their manufacturer for the removal or transport of motor vehicles,
including flatbed vehicles, employed for the purpose of towing, transporting,
conveying and/or removing motor vehicles which are unable to be operated
under their own power from one place to another for which a fee is
charged.
No person shall engage in the business of towing or storage
of motor vehicles at the direction of the Borough of Washington without
first obtaining approval and licensing therefor from the Borough of
Washington. Nothing herein shall require the rendering of road services
or the provision of towing and storage services within the Borough
other than at the request of the Borough.
Applicants for approval under this chapter shall file with the
Chief of Police an application on a form to be furnished by the Chief
of Police, which shall include the following information and certification:
A. The full name and address of the applicant and/or owner(s) of the
towing service. The application must state the type of business entity
that is operating the business, i.e., sole proprietorship, partnership
or corporation. If the application is made for a corporation, it shall
state the names and addresses of the officers and directors thereof,
its registered agent, and the names and residential addresses of every
stockholder owning more than 10% of the issued stock. If the application
is made on behalf of a sole proprietorship or partnership, all parties
having an equity interest in the towing service shall be listed.
B. The year, make and type of each tow vehicle used in said business,
its serial number, registration number and registered owner(s) and
licenses held by each owner, applicant or operators.
C. The address where the tow vehicle or vehicles shall be regularly
garaged, the telephone number or numbers and the hours during which
service is available at those numbers and the names, addresses and
New Jersey driver license numbers of all operators.
D. The location, size and security features of the storage lot or space
in which towed vehicles will be stored, including the number of spaces
available. The storage lot shall be designated either as:
(1) "Inside building": a vehicle storage facility that is completely
indoors, having one or more openings in the walls for storage and
removal of vehicles that are secured by a locking device on each opening;
(2) "Outside secured": a vehicle storage facility that is not indoors
and is secured by a fence, walls or other man-made barrier that is
at least six feet high and is installed with passive alarm system
or a similar on-site security measure. This facility is to be lighted
at night.
(3) "Outside unsecured": a vehicle storage facility that is not indoors
and is not secured by fence, wall or other man-made barrier, and all
other storage facilities not defined above as "inside building" or
"outside secured."
E. The name and address of the insurance carriers and the policy numbers
of all insurance policies as required by this chapter.
F. A copy of the operator's current fee schedule for towing and
storage services.
G. A statement that on-call towing and storage services will be available
24 hours per day, every day of the year.
H. A statement that the procedures required by this chapter shall be
complied with at all times.
I. A statement that all tow vehicles are equipped with two-way radios
or cellular phones.
J. A statement that the Chief of Police or his designee may at any reasonable
time conduct an inspection of the tow vehicles or storage facility
of any applicant for the purpose of determining compliance with this
chapter.
K. Whether the tow operator wishes to be designated as a "light-duty
tower" or "heavy-duty tower," or both.
L. Such other information as the Chief of Police may prescribe.
The following minimum standards must be met for each class of
towers:
A. Light-duty. A light-duty tower shall be able to handle all makes
of passenger cars and small trucks up to one ton, such as pickup and
small panel trucks. The garage from which a light-duty tower originates
must be equipped with a portable car dolly. Each light-duty tower
shall be equipped with the following:
(1) Dual rear wheel or equivalent.
(2) Power takeoff-controlled winch with a minimum cable thickness of
3/8 inch or equivalent.
(3) Comparable weight equal to the vehicles to be towed, with a minimum
of 10,000 pounds.
(4) A three-eighths-inch safety chain. The lift chain and safety chain
shall not be attached in any form or manner to the same part of the
wrecker.
(5) Two double-faced rear flashing amber lights mounted high enough to
be seen over the towed vehicle.
(6) A 360° rotating amber beacon light mounted over the cab.
(7) All lights shall be of such candlepower and intensity as to be visible
1/4 mile away.
(8) A three-thousand-pound hydraulically operated wheel lift.
(9) A fire extinguisher of ABC type and a stiff push broom.
(10) Tow operator shall own at least two flatbed trucks and a wrecker
or two wreckers and one flatbed truck for the removal of vehicles
from roadways. A flatbed truck will be used when, in the opinion of
the tower and the police officer on the scene, towing of the vehicle
by conventional means would result in further damage.
(11) Tow operator must provide proof of certification.
B. Heavy-duty. All towers classified as "heavy-duty" shall be equipped
with the following:
(2) Manufacturer rating: gross vehicle weight of 32,000 pounds. Manufacturer
rating may be obtained from the factory where the truck originated.
Other written evidence of gross vehicle weight may be accepted by
the Borough if verified.
(3) Power takeoff-controlled winch with a minimum cable thickness of
5/8 inch.
(4) Two double-faced rear flashing amber lights mounted high enough to
be seen over the towed vehicle.
(5) All lights shall be of such candlepower and intensity as to be visible
1/4 mile.
(6) A one-half-inch safety chain. The lift chain and safety chain shall
not be attached in any form or manner to the same part of the wrecker.
(8) Connecting air lines for connection with the compressor and air brake
lines of the towed vehicles.
(9) Detachable amber flashing lights attached to the rear of the towed
vehicle.
(10) Fifty-thousand-pound heavy-duty boom with forty-thousand-pound hydraulically
operated under-reach.
(11) Two-speed rear axle and differential and dual transmission or five-speed
transmission.
(12) A fire extinguisher of ABC type and a stiff push broom.
(13) Tow operator must provide proof of certification.
C. In order to be qualified for application approval, the tower must
have at least the following number of trucks:
(1) Light-duty towing: two trucks and one flatbed or two flatbeds and
one truck for a total of three.
(2) Heavy-duty towing: two trucks.
Any person aggrieved by the action of the Chief of Police in
denial of an application, or in revocation thereof, or in the suspension
from the tow operators on-call towing list may appeal to the Borough
Council by filing with the office of the Clerk, within 14 days after
notice of the action complained of has been mailed to such person's
last known address, a written request for a hearing, setting forth
fully the grounds for the appeal. The Mayor and Council will set a
time and place for a hearing on such appeal, and notice shall be served
on or mailed to the applicant or licensee at least five days prior
to the hearing. The applicant, or its representative, shall be permitted
to appear and be heard at that time. Written notice of the approval
or denial of the appeal shall be provided to the applicant within
seven days of the decision of the Borough Council.
The Chief of Police shall promulgate such rules, regulations
and procedures, not inconsistent with this chapter, as may be reasonable
and necessary to carry out the provisions of this chapter. Copies
thereof shall be provided to all approved tow operators and shall
be made available to the public, along with copies of current fee
schedules, during normal business hours. Failure to comply with applicable
rules, regulations and procedures may be cause for revocation of a
tow operator's approval.