As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
An individual or a legally formed business entity that seeks
to obtain a license from the Township to furnish tow truck or wrecker
services within the Township pursuant to this article.
BASIC TOWING SERVICES
Towing, as defined in this section, and other ancillary services
as may be specified by the Director by regulation.
DEBRIS CLEANUP
A.
STANDARD SITE CLEAN UPRefers to the amount of debris removal that should reasonably be anticipated at the scene of a motor vehicle accident or incident. The standard site cleanup is usually defined to the point of impact, the final resting point of the vehicle and the associated debris field.
B.
EXTENDED SITE CLEANUPRefers to the removal of debris at the point of impact, as well as along the path of pre-impact and or post-impact, where vehicle disintegration and/or other property damage occurs as a result of the motor vehicle accident or incident.
DECOUPLING FEE
A charge by a towing company for releasing a motor vehicle
to its owner or operator when the vehicle has been, or is about to
be, hooked or lifted by a tower but prior to the vehicle actually
having been moved or removed from the property.
DIRECTOR
The Director of the Division of Consumer Affairs.
DIVISION
The Division of Consumer Affairs in the Department of Law
and Public Safety.
FUEL SURCHARGE
A surcharge applied to a towing bill when the cost of fuel
is over a predetermined amount.
HEAVY DUTY
A gross weight of at least 26,000 pounds.
LABOR
The additional work done at the scene by the tow truck operator,
which is beyond that required to perform a basic tow, or any additional
manpower needed to complete a recovery, winching or towing a vehicle.
Labor charged for additional manpower shall be based on a per-man,
per-hour basis.
LEASE
The applicant's lease of a vehicle through a leasing company,
and showing the applicant on the registration as the owner or lessee.
If the registration is such that the lessee is not listed, the applicant
will be required to provide lease agreement documents.
MOTOR VEHICLE
Includes all vehicles propelled other than by muscular power,
excepting such vehicles as run only upon rails or tracks and motorized
bicycles, motorized scooters, motorized wheelchairs and motorized
skateboards.
NONCONSENSUAL TOWING
The towing of a motor vehicle without the consent of the
owner or operator of the vehicle.
PERSON
An individual, sole proprietorship, partnership, corporation,
limited liability company or any other business entity.
POLICE
The Police Department of Harding Township or of any jurisdiction
in the subject matter.
PRINCIPAL LOCATION
The business office of an applicant, where the applicant
shall conduct business associated with the towing and storage of vehicles
under the authority of the Harding Township police.
PRIVATE PROPERTY OWNER
The owner or lessee of private property, or an agent of such
owner or lessee, but shall not include a private property towing company
acting as an agent of such owner or lessee.
PRIVATE PROPERTY TOWING
The nonconsensual towing from private property or from a
storage facility by a motor vehicle of a consumer's motor vehicle
that is parked illegally, parked during a time at which such parking
is not permitted, or otherwise parked without authorization, or the
immobilization of or preparation for moving or removing of such motor
vehicle, for which a service charge is made, either directly or indirectly.
This term shall not include the towing of a motor vehicle that has
been abandoned on private property in violation of N.J.S.A. 39:4-56.5,
provided that the abandoned vehicle is reported to the appropriate
law enforcement agency prior to removal and the vehicle is removed
in accordance with N.J.S.A. 39:4-56.6.
ROAD SERVICE
A service provided at the scene to enable a vehicle to be
driven away, including but not limited to changing of a flat tire,
jump-start of a vehicle or the delivery of fuel. There will be a separate
charge for the fuel at its face value.
SECURE STORAGE FACILITY
A storage facility that is either completely indoors or is
surrounded by a fence, wall or other man-made barrier that is at least
six feet high and is lighted from dusk to dawn.
TOWING
The moving or removing from public or private property or
from a storage facility by a motor vehicle of a consumer's motor vehicle
that is damaged as a result of an accident or otherwise disabled,
recovered after being stolen or is parked illegally or otherwise without
authorization, parked during a time at which such parking is not permitted
or otherwise parked without authorization, or the immobilization of
or preparation for moving or removing of such motor vehicle, for which
a service charge is made, either directly or indirectly. Dues or other
charges of clubs or associations which provide towing services to
club or association members shall not be considered a service charge
for purposes of this definition.
TOWING LIST
A rotating list of all individual towers meeting the requirements
set forth hereunder. Contractors will remain on the list for a period
of three years, provided they continue to meet the requirements set
forth in this chapter and in their contracts, or until earlier removed
from the list as provided hereunder or thereunder.
VEHICLE
Any device in, upon or by which a person or property is or
may be transported upon a highway.
WAITING TIME
The time a towing operator has equipment and personnel waiting
at a scene to perform a towing operation.
WINCHING
The process of moving a vehicle by the use of the wire rope
of the tow truck, from a position that is not accessible for direct
hookup by a conventional means for loading onto a tow vehicle. Winching
shall not mean pulling a vehicle onto a flatbed or carrier or lifting
of a vehicle with a conventional tow truck.
YARD CHARGE
The relocation of a vehicle from the towing operator's storage
facility to a public roadway for the removal by another towing company.
It shall not apply to vehicles that are capable of being driven from
the storage facility to the roadway.
The contractor shall agree to indemnify and hold the Township,
its officers, appointees, employees, representatives or agents, whether
paid or unpaid (including, without limitation, members of the Township
Police Department), harmless against any and all liability or claims
of liability for damage or injury to persons or property resulting
from the towing services provided by the contractor pursuant hereto,
with the exception of damage or injury to persons or property resulting
solely from the willful or negligent acts or omissions of such officers,
appointees, employees, representatives or agents.
Every towing company that performs private property or other
nonconsensual towing shall retain and make available for inspection
by the Division, for a period of three years, invoices, job orders,
logs, claims for reimbursement from insurance companies and other
documentation relating to all consensual and nonconsensual towing
services performed and rates charged for the services.
The contractor shall employ a sufficient number of employees
to comply with the minimum operational requirements.
A. All drivers of the contractor shall be over the age of 21 years and
must have a valid, current New Jersey State driver's license and shall
be in good health and of high moral character.
B. The service, equipment and personnel are subject to periodic inspections
and approval by the Township of Harding.
The municipal officers and/or agencies designated to enforce
the provisions of this article in accordance with due process of law
are the Harding Township Police Chief and/or his designee.
As previously stated herein, the termination or expiration of
any of the insurance coverages which are required herein shall be
cause for the immediate suspension of a tow truck's or wrecker's license
unless renewal or replacement of such coverage is timely made in compliance
with the applicable requirements as are set forth hereinabove.