For the purpose of this chapter the following terms, phrases,
words and their derivations shall have the meanings given herein:
AUTOMOBILE
A motor vehicle of a private passenger 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 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 transport 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.
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 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.
PARKING
The standing or waiting on any private or quasi-public property
of a vehicle.
TOW VEHICLE
Only those vehicles equipped with a boom or booms, winches,
slings, tilt beds, wheel lifts or under reach 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 one regular tow vehicle
and one flatbed vehicle.
(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 and at least 100 feet of either three-eighths-inch or seven-sixteenths-inch
cable attached to 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) All equipment shall comply with all state and federal regulations,
and all vehicle operators shall possess a CDL license for over 26,000
pounds.
(4) Each applicant shall submit, along with its application, proof of
ownership or lease of the vehicles which will be utilized to provide
services pursuant to this chapter.
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 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 10 pounds of dry sand or drying compound for gasoline
and oil spilled onto the roadway and 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 Chief of Police or his designee at any
time. No changes may be made in said vehicles or equipment unless
prior written approval is obtained from the City.
(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.
C. Minimum personnel requirements. 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:
(1) Be competent mechanics able to provide minimum road service for disabled
vehicles.
(2) Have a valid driver's license having no restrictions or conditional
endorsements other than a condition requiring the wearing of eyeglasses.
(3) Be mentally alert and present a neat appearance at all times.
(4) Obey all traffic laws and regulations.
(5) Be subject to inspection by the Chief of Police of the City and shall
be approved by the Chief prior to rendering any services pursuant
to this chapter.
(6) Not have been convicted of a crime nor had their driving privileges
suspended or revoked within the past year.
The applicant shall agree, in writing, to assume the defense
of and indemnify and hold harmless the City, its elected officials,
boards, commissions, officers, employees and agents from all suits,
actions, damages or claims to which the City 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 City pursuant
to this chapter. Official towers shall enter into a hold harmless
agreement in a form to be prepared by the City Attorney prior to being
included on the official towers' list.