Editor's Note: This chapter was previously adopted by
Ord. No. 92-06 and amended by Ord. No. 95-7; Ord. No. 32-2006; Ord.
No. 14-2010; and Ord. No. 2013-9.
[Adopted 10-18-2022 by Ord. No. 2022-24]
The purpose of this chapter is to provide licensing standards,
regulations and rates for police-requested and non-preference towing
and storage services. The services shall be provided under the supervision
of the Police Department of the Township of Scotch Plains.
[Adopted 10-18-2022 by Ord. No. 2022-24]
As used in this chapter, the following terms shall have the
meanings indicated:
A towing operator who has submitted an application to the
Chief of Police and is licensed by the Township to do police-required
towing for the Scotch Plains Police Department.
A private passenger or station-wagon-type automobile owned
or hired, and a motor vehicle with a pickup body, or delivery sedan,
a van, or a panel truck or a camper-type vehicle used for recreational
purposes owned by an individual or by husband and wife who are residents
of the same household, and not customarily used in the occupation,
profession or business of the insured other than farming or ranching.
The removal and transportation of an automobile from a highway,
street or other public or private road, or a parking area, or from
a storage facility, and any 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. Basic towing service shall include
vehicles involved in a motor vehicle accident, recovered stolen vehicles,
impounded vehicles, abandoned vehicles, disabled vehicles and any
other vehicle the police request be towed.
The operation of an unengaged tow truck along the public
streets in any fashion intended, likely or calculated to solicit business.
Hours from 8:00 a.m. to 4:30 p.m. Monday to Friday.
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage and removal of vehicles,
that is secured by a locking device on each opening. Vehicles stored
in this facility shall be under constant on-site supervision when
the building is unlocked. The public shall not have access to this
facility.
The 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. Unreasonable delays at the scene
(waiting time) caused by the owner, driver or police shall also be
considered labor.
A light-duty wrecker, which shall have a minimum chassis
rating of 11,000 pounds GVW and be equipped with a lifting device
with a minimum capacity of four tons. The garage from which a light-duty
wrecker originates must be equipped with a portable car dolly.
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger vehicle
must be towed or removed for placement in a storage facility. This
includes all situations which are accidental as to the insured even
if they were caused by the intentional acts of a perpetrator, such
as vandalism or fire.
A vehicle storage facility that is not indoors and is secured
by a fence, wall or other man-made barrier that is at least six feet
high. The facility is to be lighted at night. When this area is unlocked
or opened, it must be under the direct supervision of wrecker personnel.
If said personnel are not present, the area must be locked and secured.
A person, firm, corporation or other entity who or which
owns, leases and/or operates, parks or abandons a vehicle on the roads
and highways within the Township of Scotch Plains, which vehicle by
reason of being disabled or being unlawfully upon said roads requires
towing services.
The maximum allowable amount to be charged by a storage facility
for a twenty-four-hour period or fraction thereof. A new twenty-four-hour
period begins at 12:01 a.m.
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 private passenger
automobiles.
Towing operator's principal place of business where
the tow vehicle is stationed when not in use.
A list obtained by the Police Department containing the names
of those wreckers licensed and contracted by the Township to respond
to requests for towing of vehicles made by the Police Department.
A person in the business of or offering the services of a
towing service whereby motor vehicles are or may be towed or otherwise
removed from one place to another by use of a motor vehicle adapted
to and designated for that purpose.
[Adopted 10-18-2022 by Ord. No. 2022-24]
Any person who wishes to engage in business as a wrecker in
the Township, at the request of the Police Department, shall be licensed
by the Township pursuant to this section.
Any person who desires to provide services as a wrecker at the
request of the Police Department in the Township shall submit an application
for a wrecker service license to the Chief of Police. The application
shall set forth the following information:
a.
The full name, address and telephone number of the applicant. If
the applicant is a corporation, the name of the corporation and the
names and addresses of the officers, directors, principals and its
registered agent. If the applicant is a partnership, the names and
addresses of the partners.
b.
The year, make and type of each wrecker used in said wrecker business
by the applicant, the wreckers' serial number, registration number,
a clear photograph of each wrecker showing the registration plate
and the name and address of its registered owner.
c.
The address where the wrecker or wreckers will be regularly garaged,
stored and located in the Township.
d.
The telephone number or numbers available on a twenty-four-hour,
seven-day-per-week basis, the names, addresses and New Jersey motor
vehicles driver's license numbers of all wrecker operators.
e.
The location, size and security features of the storage lot where
vehicles shall be towed, a clear photograph or photographs of the
lot, which lot shall be screened from public view, and which lot shall
conform with all municipal ordinances, land use laws and the applicable
zoning code. No vehicle towed pursuant to this section shall be stored
in the vendor's lot for a period exceeding one week. No person
shall be charged by a wrecker any towing or other fee for returning
a vehicle to the vendor's lot if that vehicle was previously
removed in order to avoid exceeding the above stated one-week limitation.
f.
The name and address of the insurance carrier and agents and the
policy limits and policy numbers of all insurance policies held by
the applicant in regard to the wrecker and storage services.
g.
A certified statement of the willingness of the wrecker to be available
on a twenty-four-hour, seven-day-per-week basis, and to abide by the
instructions and directions of the Chief of Police, his subordinates
and the provisions of this section.
The Chief of Police and/or his designee shall investigate such
application submitted to determine:
a.
The truth and accuracy of all information contained in the application.
b.
Whether public convenience and/or necessity will be served by awarding
the license to the applicant wrecker.
c.
The applicant's practical and technical ability to perform the
wrecker service as described in this chapter.
d.
The applicant's and his owner's fitness to engage in the
wrecker business licensed pursuant to this section.
e.
Whether the applicant has demonstrated, by the adequacy of its equipment
and facilities, availability and response time and the security of
its storage facilities such that it shall be able to comply with the
requirements of this section.
f.
Whether the applicant wrecker's equipment is safe and in good
and sound condition, and that it complies with the rules, regulations
and standards of this section, as well as any applicable provisions
of New Jersey law, including without limitation New Jersey motor vehicle
law.
a.
The Chief of Police, upon completion of the foregoing investigation, shall forward a copy of the wrecker's application for licensure to the Township Council, along with any recommendation for approval or disapproval of the license and the reasons, if any, for disapproval. The Township Council shall then determine whether or not the applicant has complied with all the necessary standards and criteria and thereupon award or deny the wrecker's license. If the license shall be awarded to the applicant, the applicant shall be entitled to submit a contract to the Township for providing the wrecker service and upon full execution and delivery of such contract between the Township and the wrecker, the applicant's name will be added to the end of the rotation list for towing pursuant to § 28-4 of this chapter.
b.
The Township Clerk shall issue a license to the applicant wrecker
upon receipt of notice by the Chief of Police that the applicant has
been approved by the Township Council and has complied with the requirements
of the chapter. The fee for a three-year license shall be $300.
[Added 10-18-2022 by Ord.
No. 2022-24]
a.
No towing operator shall tow for the Scotch Plains Police Department
who does not own, lease or obtain, for utilization in his or its business,
the following equipment. Such equipment shall be available for inspection
by the Chief of Police or his authorized representative.
1.
One heavy-duty wrecker capable of handling loaded tractor trailers
and other large heavily loaded vehicles that travel U.S. interstate
highways; and/or
2.
One flat bed or roll back truck classified no lighter than a one-ton
vehicle.
3.
All vehicles must be equipped with two-way radios to a base of operations.
4.
Equipment available to remove disabled or abandoned motor vehicles,
motorcycles and mopeds with or without wheels and totally inoperable
motor vehicles, motorcycles and mopeds.
5.
Safety equipment to be carried on all trucks shall include universal
towing sling; except flatbeds or roll back trucks, hooks and chains;
one snatch block for three-eighths- to one-half-inch cable; two high-test
safety chains; auxiliary safety light kit to place on rear of towed
vehicle; four-lamp or three-lamp revolving amber light or lamp bars;
toolbox with assortment of hand tools; rear working lights and rear
maker lights; cab lights; body-clearing lights located to clear towed
vehicle; blocking choke for wrecker while working; safety cones; shovel;
broom; steering wheel lock or tie down.
b.
All tow trucks must be properly registered, insured and inspected.
Liability insurance in the amount of not less than $1,000,000 for
any one claimant, $2,000,000 for more than one claimant and $1,000,000
coverage for property damage for any one event.
c.
The towing operator will indemnify and hold harmless the Township
of Scotch Plains from any and all claims for personal injury or property
damage against the Township arising out of the operation of any towing
services or repair service under this agreement. The towing operator
will further defend the Township of Scotch Plains at the operator's
expense, in connection with any claim, demand, suit or action brought
against the Township and arising out of the operation of any towing,
garage, storage or repair services under this agreement.
d.
All tow trucks must be properly lettered on both sides as provided
by law.
e.
All trucks will be maintained and operated in accordance with all
existing traffic regulations, and in a safe and prudent manner.
f.
Tow truck drivers will request police assistance during the course
of servicing, when they find it necessary to turn around, back up,
tow in the opposite direction, etc., if any of the above maneuvers
would constitute a hazard to the motoring public.
a.
The towing operator must have available a fenced-in area for properly
accommodating outside storage for up to 20 vehicles which have become
disabled or otherwise removed to his place of business.
b.
The towing operator must also have available an inside storage area
to accommodate up to four vehicles that might require such storage
due to police investigations.
c.
The storage facilities shall have proper sign identification in a
prominent location and in the principal office of the towing company
where the general public is admitted, showing the hours when the vehicle
may be released. Such hours to be subject to the approval of the Chief
of Police, with a minimum of 10 hours per day, and six days a week,
excluding Sundays and holidays, as well as the price for towing and
daily storage rates. A business card will be supplied by the towing
operator to the owner or driver at the scene stating business address
and hours.
d.
The towing operator must comply with all Township ordinances for
storage of said vehicles. A small lot plan must be submitted to the
Chief of Police for review by Township enforcement personnel prior
to approval by the Township. Such plans shall indicate the fenced-in
storage areas.
e.
Disabled motor vehicles to be towed or otherwise removed from the
place where they are disabled shall not be stored or allowed to remain
on public property, any street, or on any property in the Township
of Scotch Plains which is not zoned for such storage.
f.
If vehicles must be stored overnight, they must be so held within
a fenced-in area so as to provide the proper protection for said vehicles
and to screen them from public view.
g.
No vehicle shall be towed or stored in the Police Department parking
lot unless specifically ordered by the Chief of Police or his designated
representative.
a.
All towing operators and their drivers shall be fully trained and
knowledgeable in the operation of all required equipment and applicable
procedures under this chapter.
b.
All drivers will relay information as soon as possible to the police
on all crimes, disabled vehicles, accidents, disasters, etc.
c.
Towing operator employees who drive vehicles on the Township roads
or highways traversing said Township must have the proper valid New
Jersey driver's license; they shall be of good moral character,
mentally alert, and present a neat appearance at all times.
d.
The towing operator on duty must have any and all equipment which
may be required to be available and ready to respond to a call within
15 minutes. The Chief of Police shall be the sole arbitrator as to
compliance with the required response times.
e.
It shall be the obligation of the towing operator to immediately
notify the police in the event that said towing operator is wholly
or partially not operational due to mechanical failure or personnel
insufficiency. Upon such notification, the police may use another
towing operator who is authorized by the Chief of Police.
f.
Towing operators will not respond to or stop at any accident scene
unless directed by the police, unless it is to notify the police of
an emergency. The stop shall not give the towing operator a right
to tow without police permission.
g.
Towing operators will be responsible for all vehicles and the contents
thereof in their custody, which have been towed by them under the
direction of the police.
h.
Towing operators will notify the police on a weekly basis if they
are in custody of any unclaimed vehicles.
i.
Towing operators will cooperate with other operators in the case
of emergency services at the scene of accidents and/or disasters.
j.
No vehicle will be removed from the Township roads or highways traversing
said Township without proper authorization from the police, or owner
as the case may be.
k.
All vehicles impounded or confiscated will not be released without
proper authorization from the Police Department.
l.
All disputes between towing operators and the public and/or owners
will be reported to the Chief of Police, or his designee, who will
act as a mediator and attempt to resolve the differences in a civil
and lawful manner. No driver of a towing operator will create a disturbance
on the highway, nor will any police officer or desk officer be called
to referee any disagreement.
m.
The police officer investigating the incident is in complete charge
of the incident scene, and all drivers shall comply with the officer's
instructions.
n.
It is understood and agreed by the towing operator that neither the
Township of Scotch Plains nor the police shall in any way be liable
to the towing operator for any services whatsoever which may be rendered
to motor vehicles, and the towing operator will look to the driver
or last registered owner of such vehicles for compensation.
o.
All light-duty towing operators, to the degree possible, shall be
located in the Township of Scotch Plains. All heavy-duty towing operators
shall be located in the Township of Scotch Plains or immediately adjacent
thereto in order to ensure response within 15 minutes to calls, as
needed.
p.
The owner or operator of a motor vehicle, motorcycle or moped may
choose another towing operator which is not an authorized police towing
operator under the following conditions:
1.
The vehicle is not a hazard or in a hazardous position, which can
be determined by the police and/or fire officer in charge at the scene.
2.
The vehicle does not disrupt the flow of normal traffic and can be
removed within a reasonable amount of time determined by the officer
in charge at the scene.
q.
If a towing request is cancelled, while the towing operator is en
route, no fee shall be charged by the operator as long as no services
were performed at the scene.
[Adopted 10-18-2022 by Ord. No. 2022-24]
a.
In order to assure safe and efficient towing service, all licensed
operators pursuant to this chapter shall be allowed to tow for the
Scotch Plains Police Department.
b.
Each licensed towing operator shall be placed on a rotation list
as compiled by the Chief of Police of the Township of Scotch Plains.
Such licensed towing operators shall be called upon to respond to
the needs of the Scotch Plains Police Department on a rotational basis
determined by the Chief of Police.
[Adopted 10-18-2022 by Ord. No. 2022-24]
a.
No towing operator shall engage in cruising as defined in the chapter.
b.
No towing operator shall solicit or attempt to divert patrons of
another towing operator, nor shall a towing operator solicit or divert
prospective patrons of a given repair service to any other repair
service, nor shall any police officer designate or suggest any towing
operator to perform service.
c.
No flashing lights or siren shall be used by a towing operator except
as granted by the Chief of Police in and/or under the provisions of
N.J.S.A. 39:3-1 et seq.
d.
The governing body hereby designates the Police Department generally,
its specific designee and the Chief of Police particularly, as the
supervising authority to enforce the provisions of this chapter as
well as the rules and regulations adopted hereunder with the ultimate
authority vesting with the Township Council of the Township of Scotch
Plains.
e.
Prior to the end of the year, in the month of December, each towing
operator authorized to tow for the Police Department shall be inspected
for fitness by a representative of the Police Department.
f.
Each towing operator on duty shall maintain and carry the necessary
equipment to remove disabled or locked vehicles, or equipment necessary
to operate or open vehicles to enable public safety personnel to remove
entrapped passengers.
g.
Each towing operator, prior to departure from the scene of towing
services, shall clean and clear the streets of any customary debris
resulting from any accident at such scene and shall at all times carry
the necessary equipment to perform such cleaning services.
h.
Refusal to tow at the scene of the incident shall be reported by
the police officer assigned to the incident to his supervisor. The
supervisor shall respond to the scene and if unable to correct the
situation will file a written report with the Chief of Police.
i.
Towing operators shall arrive at the scene to which dispatched within
a reasonable time after being dispatched. Under normal circumstances,
such reasonable time limit is defined as within 15 minutes. The Police
Department shall reserve the right to obtain the services of another
authorized towing operator required for failure to respond in the
required time, or for failure to meet the provision of this chapter.
j.
Where no storage designation by an owner or police has been made,
authorized towing operators are authorized to remove the vehicle to
the towing operator's place of business.
k.
Where vehicles are towed to premises controlled by the Police Department
for the purpose of utilizing the vehicles or its contents as evidence,
or for other purposes, such vehicle shall not be released from police
custody unless the owner of the vehicle furnishes the Police Department
with a receipt that towing service fees have been paid.
l.
No authorized police towing operator shall employ, directly or indirectly,
any sworn officers of the Township of Scotch Plains.
m.
Such additional rules and regulations as may be promulgated by the
Township Council pursuant to this chapter shall take effect after
notification of such rules and regulations upon all authorized police
towing operators. Service shall be made by hand delivering or by mailing
a notice thereof, certified mail, return receipt requested, to the
authorized towing operator or his designee.
[Adopted 10-18-2022 by Ord. No. 2022-24]
a.
The Chief of Police shall have the right to suspend any towing operator
authorized to do police towing under this chapter for good cause upon
written complaint of the Administrative Captain of the Scotch Plains
Police Department following his determination that there is probable
cause for suspension based upon violation of this chapter. Written
notice of such complaint and the basis of the complaint shall be given
to the towing operator, and said towing operator shall be entitled
to a hearing before the Chief of Police prior to final determination
of the complaint by the Chief of Police.
b.
If, upon full hearing, the Chief of Police decides that there have
been violations, he may then suspend said towing operator. In addition
to any suspension, if a violation of N.J.A.C. 11:3-38 et seq. has
occurred, the Scotch Plains Police Department will notify the New
Jersey Department of Insurance of the violation.
[Adopted 10-18-2022 by Ord. No. 2022-24]
The rates charged for basic towing services, storage and labor
shall be in accordance with the following schedule.
a.
Basic Tow Rates.
|
Service
|
Rates
|
|---|---|
|
Towing charge Category I (Light)
(all vehicles 0 to 6,000 lbs. GVW)
|
$150
(set price)
|
|
Towing charge Category II (Medium)
(all vehicles 6,001 to 16,000 lbs. GVW)
|
$200
(set price)
|
|
Towing charge Category III (Heavy)
(all vehicles 16,001 lbs. GVW and over)
|
$500
(hourly)
|
|
Fuel surcharge will be added to all Category I and II
Category III will be based on tow and mileage cost only
|
$15
(set price)
|
|
Fuel Surcharge Chart - Tow and Mileage Costs Only
| |
|---|---|
|
Fuel Costs
|
Fuel Surcharge Percentage
|
|
$2.50
|
0%
|
|
$3.00
|
1%
|
|
$3.50
|
2%
|
|
$4.00
|
3%
|
|
$4.50
|
4%
|
|
$5.00
|
5%
|
|
$5.50
|
6%
|
|
$6.00
|
7%
|
|
$6.50
|
8%
|
|
$7.00
|
9%
|
|
$7.50
|
10%
|
|
$8.00
|
11%
|
b.
Extra tow service. These rates may only be charged when a motor vehicle
is involved in an accident, if actually performed.
|
Service
|
Rates
|
|---|---|
|
Rotator/Crane
($1,200 hourly; rated every 30 minutes at $600)
|
$1,200 hourly
|
|
Tractor with Landoll trailer or detached trailer
|
$400 hourly
|
|
Tractor/Transport hauler only
|
$250 hourly
|
|
Refrigerated trailer w/tractor
|
$200 hourly
|
|
Pallet jack
|
$200 hourly
|
|
Rollers
|
$200 hourly
|
|
Any other specialized equipment
|
$250 hourly
|
|
Loader/Backhoe/Telescopic Handler/Bulldozer/Bobcat
|
$300 hourly
|
|
Supervisor/Recovery vehicle
|
$150 hourly
|
|
Manual laborers
|
$100 hourly
|
|
Brush cleaning (flat fee)
|
$50
|
|
Site cleaning (per bag of absorbent used)
|
$50
|
|
Winching Category I (based on 30-min. increments)
|
$75
|
|
Winching Category II (based on 30-min. increments)
|
$75
|
|
Winching Category III (based on 30-min. increments)
|
$500
|
|
Window wrap (flat fee)
|
$75
|
|
Tarping (flat fee)
|
$150
|
|
Transmission disconnect Category I
|
$50
|
|
Transmission disconnect Category II
|
$50
|
|
Transmission disconnect Category III
|
$150
|
|
Administration fee (more than 3 trips to stored vehicle; flat
fee)
|
$40
|
|
Release after hours or on weekends (flat fee)
|
$100
|
c.
Storage fees. Storage fees are based on N.J.A.C. 13:45A-31.4d, which
requires towing companies to calculate storage fees based upon full
twenty-four-hour periods that a motor vehicle is in storage; e.g.,
vehicle stored any time between 00:01 hours to 2,359 hours is one
day storage at 00:01 hours the next day shall be charged for two days
storage, and every twenty-four-hour period after shall be another
day charged.
d.
Service.
|
Service
|
Rate
|
|---|---|
|
Inside Storage Category I
|
$75
|
|
Inside Storage Category II
|
$75
|
|
Inside Storage Category III
|
$150
|
|
Outside Storage Category I
|
$40
|
|
Outside Storage Category II
|
$75
|
|
Outside Storage Category III
|
$125
|
Category I: All vehicles 0 to 6,000 lbs. GVW
Category II: All vehicles 6,001 to 16,000 lbs. GVW
Category III: All vehicles 16,001 lbs. GVW and over
e.
Gross vehicle weight: the registered weight, the manufacturer's
gross vehicle weight rating, or the actual weight, whichever is greatest.
No towing operator shall charge an additional fee when a towed vehicle
is being picked up by an owner/driver or other tow operator for services
such as moving other vehicles to get a tow vehicle, towing from operator's
property to street, etc.
