The purpose of this chapter is to establish rules and regulations,
pursuant to N.J.S.A. 40:48-2.49, N.J.A.C. 13:45A-31.1 et seq. and
N.J.A.C. 17:33-47 and 48, for the towing and storage of motor vehicles
damaged in accidents, utilized in the commission of crimes, recovered
after being stolen, or otherwise impounded by the Police Department,
from public roadways by operators engaged in the business of towing
and storing motor vehicles.
The provisions of this chapter shall apply to those businesses
that engage in the towing and storage of motor vehicles within the
Borough through the Police Department.
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED VEHICLE
A vehicle which the owner or operator leaves on a public
roadway and fails to notify the police and does not attempt to repair
and remove the same within a reasonable period of time.
BASIC TOW
Private property towing and other nonconsensual towing as
defined in this section and other ancillary services that include
the following: arriving at the site from which a motor vehicle will
be towed; 15 minutes waiting time; hooking a motor vehicle to, or
loading a motor vehicle onto, a tow truck; transporting a motor vehicle
to a storage facility; unhooking or unloading a motor vehicle from
the tow truck; and situating the motor vehicle in the space in which
it will be stored. "Basic tow" also includes issuing documents for
the release of a motor vehicle to its owner or other person authorized
to take the motor vehicle; issuing an itemized bill; three trips to
the motor vehicle in storage, which, if applicable, include making
a vehicle available to an insurance appraiser or adjuster; issuing
documents for the release of a motor vehicle to its owner or other
person authorized to take the motor vehicle; and retrieving a motor
vehicle from storage during the hours in which the storage facility
is open.
CONSENSUAL TOWING
Towing a motor vehicle when the owner or operator of the
motor vehicle has consented to have the towing company tow the motor
vehicle.
DECOUPLING
Releasing a motor vehicle to its owner or operator when the
motor vehicle has been, or is about to be, hooked to or lifted by
a tow truck, but prior to the motor vehicle actually having been moved
or removed from the property.
DISABLED VEHICLE
Any motor vehicle which is unable to operate under its own
power.
FLATBED TOW TRUCK
A tow truck designed to transport a motor vehicle by means
of raising the motor vehicle from road level up onto a hydraulic bed
for transporting purposes.
HEAVY-DUTY RECOVERY
That recovery of any motor vehicle over 10,000 pounds gross
vehicle weight which requires the vehicle to be uprighted or recovered
from either on or off the traveled portion of a public roadway.
HEAVY-DUTY TOWING
The towing of any motor vehicle over 10,000 pounds gross
vehicle weight.
IMPOUNDED VEHICLE
A vehicle which, at the direction of the Police Department,
is taken into police custody because the operator of the vehicle was
engaged in a violation of the law, including but not limited to the
operator being arrested on a DWI charge; the operator being arrested
for driving without registration or insurance; the operator being
arrested for stealing the motor vehicle; or the vehicle being involved
in a serious accident; e.g., death by auto.
LIGHT-DUTY TOWING
The towing of any motor vehicle up to 10,000 pounds gross
vehicle weight.
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. "Nonconsensual towing" includes
towing a motor vehicle when law enforcement orders the vehicle to
be towed, whether or not the owner or operator consents.
PERSON
An individual, sole proprietorship, partnership, corporation,
limited liability company or any other business entity.
PRIVATE PROPERTY TOWING
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 for 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.
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.
SITE CLEANUP
The use of absorbents to soak up any liquids from a motor
vehicle at the site from which a motor vehicle will be towed.
STORAGE FACILITY
A space at which motor vehicles that have been towed are
stored.
TARPING
Covering a motor vehicle to prevent weather damage.
TOWING
The moving or removing from public or private property or
from a storage facility by a motor vehicle of a consumer's noncommercial
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 towing services registered with the
Borough kept by the Borough public safety director. When the police
require the towing and storage of a motor vehicle from public roadways,
they shall contact the towing service on the top of the rotating towing
list as determined by this chapter.
TOWING RATES
Fees charged by a towing service for removal and transportation
of the vehicle.
TOWING SERVICE
A business engaged in the towing or storing of motor vehicles
which has been approved for the towing list.
TOWING VEHICLE
A motor vehicle employed by the towing service for the purpose
of towing, transporting, conveying or removing of motor vehicles from
public roadways.
TOW TRUCK
A motor vehicle equipped with a boom or booms, winches, slings,
tilt beds or similar equipment designed for the towing or recovery
of motor vehicles.
VEHICLE
Any device in, upon or by which a person or property is or
may be transported upon a highway.
WAITING TIME
Any time a towing company spends at the site from which a
motor vehicle will be towed, during which the towing company is prevented
from performing any work by another individual beyond the time included
as part of a basic tow.
WINCHING
The process of moving a motor vehicle by the use of chains,
nylon slings or additional lengths of winch cable from a position
that is not accessible for direct hookup for towing a motor vehicle.
"Winching" includes recovering a motor vehicle that is not on the
road and righting a motor vehicle that is on its side or upside down
but does not include pulling a motor vehicle onto a flatbed tow truck.
WINDOW WRAP
Any material used to cover motor vehicle windows that have
been damaged.
All towing companies shall be responsible for collection of
all fees for services rendered.