For purposes of this chapter, the following terms, phrases and words
shall have the meanings given, herein:
ABANDONED VEHICLE
A vehicle located on a public right-of-way not in operation
and with no operator or owner visible and as defined in Title 39.
BASIC TOW
Private property towing and other nonconsensual towing 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.
CITY
The City of Bordentown.
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.
HEAVY DUTY
A motor vehicle weighing more than 16,001 pounds.
LIGHT DUTY
A motor vehicle weighing up to 10,000 pounds.
MEDIUM DUTY
A motor vehicle weighing between 10,001 to 16,000 pounds.
MOTOR VEHICLE
All vehicles of any type or size 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. Definition includes, but is not limited
to, passenger vehicles, trucks, trailers and other heavy vehicles
and equipment.
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
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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 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.
TOWER
A person engaged in the business or offering the services
of a vehicle tower or towing service, whereby disabled motor vehicles
are towed or otherwise removed from the places where they are disabled,
impounded or abandoned by use of a tower or truck so designed for
that purpose.
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.
WINCHING SERVICE
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 hook up 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.
Any operation in which a vehicle is moved onto a roadway from a position
off the roadway or any other operation in which substantial work is
required to prepare a vehicle for normal towing.