The purpose of this chapter is to establish rules and regulations,
pursuant to N.J.S.A. 40:48-2.49 et seq., and the Predatory Towing
Prevention Act (N.J.S.A. 56:13-1 et seq.), to regulate towing operations
within the Township of Mount Olive, including to provide the quickest,
most efficient response time, thereby minimizing waiting time both
for police officers on scene and the removal of motor vehicles from
the roadway as a result of an accident.
The Administrator of the Township of Mount Olive is hereby authorized
to compile a list of all towers and to amend and supplement the list
from time to time. A towing operator shall be required to meet the
following minimum qualifications to be included on the list:
A. All towing operators shall own or lease and have available at least
one conventional tow truck and two flatbed tow trucks, in addition
to other equipment that is necessary to provide safe and efficient
towing. Each tow vehicle shall have the name of the towing operator
and their phone number on the side of the vehicle.
B. All towing operators' trucks shall be equipped with cell phones,
enabling them to maintain contact with their places of business.
C. All towing operators' trucks shall be equipped with brooms and
shovels for the purpose of clearing debris off roadways. All towing
operators' trucks shall be equipped with 25 pounds of absorbent
material for minor spills/leaks of fuel, oil, and similar substances,
as well as an approved container for the storage of contaminated absorbent
material.
D. All towing operators shall have telephone equipment at their place
of business that is able to handle more than one incoming call.
E. All towing operations shall submit a certificate of insurance to
the Township naming the Township as an additional insured. The certificate
shall provide evidence that the towing operator carries bodily injury
liability, property damage liability, employer's liability, motor
vehicle liability, and garage keepers' liability coverage with
combined policy limits of $1,000,000. Each approved operator must
also have statutorily required workers' compensation coverage.
F. Indemnification. Towing operators shall, to the fullest extent permitted
by law, defend, indemnify and hold harmless the Township from and
against any and all claims, suits, judgments and demands whatsoever,
including without limitation cost, litigation expenses, counsel fees
and liabilities with respect to injury to or death of any person or
persons whatsoever or damage to property of any kind by whomever owned
arising out of or caused or claimed to have been caused, in whole
or in part, by the negligent acts or omissions of the towing operators
or any other person directly or indirectly employed by the towing
operators while in the performance of rendering any services pursuant
to the scope of this chapter.
G. The applicant shall have a vehicle storage area. This area shall
be lighted, fenced, secured, monitored by a surveillance video recording
system, and within five driving miles of the Township's Municipal
Building. Each storage facility shall post, in a clearly visible manner,
contact information and hours of operation for vehicle release.
H. The applicant shall maintain business hours that allow property to
be returned Monday through Friday (9:00 a.m. to 5:00 p.m.) and Saturday
(9:00 a.m. to 12:00 noon), excluding legal holidays.
I. All applicants and/or agents shall submit to a criminal history check.
The applicant or agent shall not have received a criminal conviction
within the last seven years for any indictable offense or any offense
involving stolen or embezzled vehicles, fraud relating to the towing
business, stolen property, or any other offense of similar nature.
J. The applicant shall represent that its trucks and equipment are safe,
properly equipped, mechanically sound, and suitable for intended use
(N.J.S.A. 39:3-1 et seq. and 49 CFR 393). The applicant may be subject
to an annual FMCSA Level I or V inspection by a trained and certified
FMCSA Inspector.
K. Applicants shall be familiar with the current "State of New Jersey
Highway Incident Guidelines for Emergency" and are encouraged to attend
incident management meetings held by NJDOT and NJSP to remain current
on updated response procedures.
L. Applicants approved to tow for the Township shall not subcontract
to other towers. The approval will be applicable only to the individual
or corporation whose name appears on the submitted application.
M. Applicants' equipment and storage facilities are subject to
inspection by Mount Olive Township Police Department members prior
to approval, and subject to periodic inspection thereafter.
After the initial list is prepared, the Administrator may add
names to the approved list when additional towing operators meet the
appropriate qualifications. The Administrator may also delete names
from the list when an operator fails to perform properly or to continue
to meet the basic requirements, but no deletion shall occur without
notice to the towing operator involved and the opportunity for a hearing
before the Administrator. The decision of the Administrator may be
appealed to the Township Council.
The Township has the authority to and will establish tower rates,
consistent with the prevailing rates for the area (ten-mile radius).
No fees, other than established by the Township, are authorized to
be charged. Towing/storage fees are to be reviewed every three years
by the Police Department.
The Police Department shall, on a semiannual basis, provide
the Administrator with a report as to the quality of towing services
provided by those towing operators on the list.
All vehicles will be removed to the tower's secured lot,
unless otherwise directed by the Police Department. Vehicles may be
towed to a designated location by the customer if approved by the
Police Department and at an additional cost to the customer.
Applicants shall be familiar with the rules and regulations
of the Predatory Towing Prevention Act (N.J.S.A. 56:13-1 et seq.)
and be aware that any violations of these requirements shall result
in an immediate suspension from the towing list.
The following fees are the maximum amounts that may be charged
by any towing company operating within the Township of Mount Olive
[business hours: Monday through Friday 9:00 a.m. to 5:00 p.m. and
Saturday 9:00 a.m. to 12:00 noon, excluding legal holidays; after
hours: all hours other than business hours listed above (including
legal holidays)]:
A. Basic towing for light duty (vehicles up to 10,000 pounds GVWR):
(1) Business hours:
(b)
Each mile after hookup: $6 (loaded miles).
(2) After hours:
(b)
Each mile after hookup: $6 (loaded miles).
B. Basic towing for motorcycles:
(1) Business hours:
(b)
Each mile after hookup: $6 (loaded miles).
(2) After hours:
(b)
Each mile after hookup: $6 (loaded miles).
C. Basic towing for medium-duty trucks (vehicles 10,001 pounds GVWR
to 16,000 pounds GVWR):
[Amended 2-22-2022 by Ord. No. 4-2022]
(1) Business hours:
(b)
Each mile after hookup: $10 (loaded miles).
(2) After hours:
(b)
Each mile after hookup: $10 (loaded miles).
D. Basic towing for heavy-duty trucks (vehicles 16,001 pounds and greater
GVWR):
[Amended 2-22-2022 by Ord. No. 4-2022]
(1) Business hours:
(a)
Hookup: $475 per hour, minimum one hour.
(b)
Each mile after hookup: $15 (loaded miles).
(2) After hours:
(a)
Hookup: $500 per hour, minimum one hour.
(b)
Each mile after hookup: $15 (loaded miles).
E. Special services:
(1) For recovery/winching and/or preparation prior to towing light/medium
duty: $250 per one hour (to be billed in half-hour increments) per
tow truck.
(2) For recovery/winching and/or preparation prior to towing for heavy
duty: $600 per one hour (to be billed in half-hour increments) per
tow truck.
(3) For additional labor except tow truck driver, to be billed in half-hour
increments: $100 per hour.
(4) Road service. Charge for basic road service:
(a)
Business hours: $85, plus cost of fuel provided, if applicable.
(b)
After hours: $95, plus cost of fuel provided, if applicable.
(5) Inclement weather: The towing company may, at their discretion, charge
an extra 20% of the total standard towing fee during times of inclement
weather.
(6) Administrative charge: The towing company may, at its discretion,
charge for post-accident services, including but not limited to services
such as physical inspections, telephone and/or fax calls, removal
of personal items, or paperwork. An itemized list of additional services
must be provided. Administrative time shall be billed at a rate of
$10 per fifteen-minute interval, excluding the first 15 minutes.
(7) This fee schedule will be reviewed and may be amended by the Township
Committee by resolution, in conjunction with the three-year towing
operator qualification schedule.
F. Outside secured storage:
(1) Automobiles: $40 per day, if not claimed within 12 hours, then based
on each overnight period after the initial twelve-hour period.
(2) Medium-/heavy-duty trucks (dual rear wheel): $85 per day, if not
claimed within 12 hours, then based on each overnight period after
the initial twelve-hour period.
(3) Tractor/dump truck/tractor trailer combo/buses: $125 per day, if
not claimed within 12 hours, then based on each overnight period after
the initial twelve-hour period.
G. Outside unsecured storage:
(1) Medium-/heavy-duty trucks (dual rear wheel): $60 per day, if not
claimed within 12 hours, then based on each overnight period after
the initial twelve-hour period.
(2) Tractor/dump truck/tractor trailer combo/buses: $105 per day, if
not claimed within 12 hours, then based on each overnight period after
the initial twelve-hour period.
H. This fee schedule is in effect for any tow service called for by
the Police Department.