For reference purposes, this chapter shall be known as the "Towing, Road Service and Storage of Vehicles Ordinance of the Township of Hanover."
[HISTORY: Adopted by the Township Committee of the Township of Hanover 12-11-2025 by Ord. No. 30-2025.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 255, Towing and Road Service, adopted 5-12-2005 by Ord. No. 17-2005, as amended.
The purpose and intent of this chapter is to provide criteria and standard operating procedures that are reasonably non-exclusionary and nondiscriminatory in the selection and use of towing operators, on a rotational basis, for providing towing, road services and the storage of vehicles, including but not limited to the towing of vehicles that are abandoned, disabled, illegally parked or stolen, vehicles involved in accidents and/or those vehicles suspected or identified by the Township as being involved in criminal activities.
As used in this chapter, the terms listed below shall be defined as follows:
The removal and transportation of a vehicle from a highway, street or other public or private road, parking area or storage facility. This chapter, and the definition herein, shall not include the recovery of a vehicle from a position beyond the public right-of-way or berm or from being impaled upon any other object outside of the public right-of-way or berm.
A vehicle which has been abandoned, impounded or rendered inoperable as a result of a mechanical failure, involvement in an accident or criminal activity. A vehicle, the location of which constitutes a hazard to the motoring public, shall be deemed "disabled" for the purposes of this chapter.
The act of storing and confining a vehicle upon an order of the Police Department at either the towing operator's storage area or at a Township facility as a result of abandonment, involvement in an accident or suspected criminal activity.
A vehicle storage facility that is completely indoors, having one or more openings or storage bins in the walls for the storage of vehicles and that is secured by a locking device on each bin or opening.
A vehicle storage facility that is not completely indoors and that is secured by a fence, wall or other man-made barrier that is at least six feet in height and is protected with on-site security or an alarm system. Outside storage facilities shall also maintain adequate lighting to protect stored vehicles from vandalism.
A vehicle storage facility that is not indoors and is not secured by a fence, wall or other man-made barrier, and all other storage facilities not defined above as inside a building or outside secured.
A person, firm, corporation or partnership who owns and/or operates a vehicle on the roads and highways within the Township of Hanover, which vehicle, by reason of being disabled or abandoned on the roads and highways of the Township, requires towing and/or storage.
A person, firm, corporation or partnership engaged in the business of providing towing, road and storage services for vehicles.
A vehicle driven by mechanical power and employed for the purpose of towing, transporting, conveying or removing any and all kinds of vehicles or parts of vehicles which are unable to be operated under their own power. Such "towing vehicles" or "wreckers" means only those vehicles that are 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 or other vehicles.
The Chief of Police and the Police Department are hereby designated to administer and enforce all provisions of this chapter, including inspections.
It shall be the responsibility of the Chief of Police, or his/her designee, to approve all applications for towing operators to be utilized on a rotational basis for the purpose of providing emergency towing, road and storage services to the owners of motor vehicles utilizing Township roads when he/she determines that the following requirements have been met by the applicant. On forms prepared by the Township, and provided by the Chief of Police, or his/her designee, all towing operators shall submit written documentation that they are in compliance with the qualification requirements set forth below and those set forth by the New Jersey Division of Consumer Affairs.
A.
Submission of certificate of insurance. All towing operators shall submit a certificate of insurance to the Chief of Police, which certificate shall name the Township as an additional insured. The certificate shall provide evidence that the towing operator carries the following insurance coverages:
(1)
Comprehensive general liability in minimum limits of $500,000/$500,000 for bodily injury and $500,000/$500,000 for property damage.
(2)
Automobile liability coverage in minimum limits of $500,000 per accidental occurrence and in the aggregate for bodily injury and property damage. This insurance must also include adequate coverage to protect the owners of private vehicles that are in the care, custody, and control of the towing operator. Said coverages must provide at least $10,000 in minimum coverage for any damages or losses arising out of theft to vehicle contents, the vehicle itself, or to losses due to fire or explosion.
(3)
Excess liability (umbrella form) in minimum of $500,000/$500,000 for bodily injury and property damage combined.
B.
Indemnification. All approved towing operators shall agree that to the fullest extent permitted by law they will 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.
C.
Towing operators shall have a minimum of three years of towing-for-hire experience, either as an owner or principal. Verification of the required minimum experience shall be made by the Chief of Police, or their designee.
D.
Towing operators must submit to a criminal history check in compliance with the NJSP Criminal Information Unit, State Bureau of Identification (SBI form 212B). 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.
E.
All towing operators must possess a valid New Jersey driver's license or driver's license from a state contiguous to New Jersey with the appropriate class and endorsement(s) for the vehicle being operated.
Note: Drivers may be subject to random inspection and confirmation of license validity while on the scene of a call for towing.
F.
The principal location must be staffed during business hours and shall maintain a clean waiting room with seating and toilet facilities. Towing operators must be available to surrender property from towed vehicles during normal business hours Monday through Friday, 9:00 a.m. to 5:00 p.m., and on Saturday, 9:00 a.m. to 12:00 noon, excluding legal holidays.
G.
Each storage facility (principal or otherwise) shall post in a clearly visible manner, contact information and hours of operation for vehicle release. If vendor staff is not on location during normal business hours, a contact number shall be provided for proper response by the vendor.
H.
Personal property is considered to be any item that is not directly affixed to the vehicle. Such items shall be released to the owner upon request during normal business hours at no charge.
I.
The method of towing, transporting, or recovering a vehicle pursuant to this agreement shall be performed consistent with the applicable manufacturer's ratings, including but not limited to the following:
J.
Towing operators shall represent that their trucks and equipment are safe, properly equipped, sound mechanically, and suitable for intended use (N.J.S.A. 39:3-1 et seq. and 49 CFR 393).
K.
It is the responsibility of the towing operators to remove all debris and cargo from the incident scene in compliance with the cargo handling procedures as set forth in § 255-6E of these procedures.
L.
Towing operators shall be familiar with the rules and regulations of the Predatory Towing Prevention Act (N.J.S.A. 56:13-1 et seq., www.njconsumeraffairs.gov/Statutes/Predatory-Towing-Prevention-Act.pdf) and be aware that any violations of these requirements shall result in an immediate suspension from the towing list, without warning.
M.
Towing operators shall be aware that discrimination against, or violation of the civil rights of any person by a towing operator on the towing rotation list shall result in an immediate suspension from the tow rotation list, without warning.
N.
Towing operators with multiple locations must meet minimum equipment/facility requirements at each location.
A.
Any person, firm, corporation or partnership operating a towing and storage business shall endeavor to maintain a principal place of operation within the Township as a property taxpayer. In maintaining a principal place of operation within the Township, any person, firm, corporation or partnership operating a towing and storage business shall conform to a legally approved zoning and/or site plan and shall comply fully with all of the Township's Zoning, Land Use and Property Maintenance Codes.[1] Failure to comply with the Township's Zoning, Land Use and Development Regulations, and Property Maintenance Codes may subject any operator to suspension from the rotational duty service list upon request to the Chief of Police from the Township's Construction Official/Zoning Officer and/or Property Maintenance Officer.
B.
Nothing herein shall preclude a towing operator from storing his towing vehicles and equipment at another location outside the boundaries of the Township.
C.
All towing operators shall have a storage facility which must:
D.
All towing operators' trucks must be equipped with either two-way radios and/or mobile telephone communications equipment with their principal places of business, including their garages and/or facilities, to ensure the proper availability of services and equipment on behalf of the Township and motorists.
E.
All towing operators' trucks shall be equipped with brooms, shovels, speedy dry, and any other street-sweeping equipment for the purpose of clearing debris off the roadways. The towing operator shall at the time of removing any motor vehicle in response to a police request remove from the public or private roads or highways any motor vehicle debris or material in the area surrounding the vehicle in accordance with N.J.S.A. 39:4-56.8, except for any debris or material which may be hazardous, such as oil, gasoline, kerosene or other petroleum or chemical products.
F.
All towing operators and personnel shall wear an ANSI approved outer garment while in the performance of their duties.
G.
The towing operator's wrecker(s) and all other vehicles shall be properly licensed and registered with the New Jersey Motor Vehicles Commission (NJMVC), in accordance with N.J.S.A. 39:3-84, including the proper display of a valid marker or license plate issued by the NJMVC.
H.
All towing operators shall have facilities and equipment that will ensure and guarantee the furnishing of prompt and efficient services for all standard passenger automobiles.
I.
The towing operator's company name, address and telephone number(s) shall be prominently and permanently displayed on both sides of all wreckers and other tow vehicles. Tow operators shall provide their business information at the time of the tow to the driver and/or passengers.
J.
All towing operators selected to serve on a rotational basis must guarantee the availability of all services to the Police Department seven days a week, 24 hours a day. In this respect, a towing operator shall immediately respond to any type of towing, emergency road service or storage call with the appropriate vehicle and/or equipment within 20 minutes after receipt of telephone notification from the Police Department's dispatcher/desk officer. Unless heavy or unusual traffic conditions within the Township prevent a towing operator from arriving at the scene within 20 minutes, failure to respond within the time frame shall be considered a breach of this chapter. In the event that a towing operator fails to respond within 20 minutes from the time of the call, the Police Department reserves the right to contact the next available tow operator on the rotational list.
K.
In times of emergencies and/or natural disasters, the Township of Hanover reserves the right to contact other towing service operators who may not be on the rotational list.
L.
The owner of a vehicle in need of a tow shall have the right, if he/she so desires, to designate a towing operator of his/her choice, provided the vehicle is in a safe location and is not impeding the normal flow of traffic. The officer on scene shall make the determination as to scene safety. All such requests will be noted on the vehicle tow log by the Police Communications Desk operator.
M.
Employees of the towing operator, in responding to a call, shall request and be afforded police assistance during the course of providing towing, emergency road service or removal of abandoned or accident vehicles, when such employees find it necessary to turn around, back up, tow in the opposite direction of traffic or cross the median. A towing operator shall not permit a vehicle to be removed from the site of a vehicular accident, the scene of a crime or any other instance or situation without the prior approval and permission of a police officer and/or superior at the scene.
N.
No towing company will allow the release of any impounded vehicle without first obtaining a completed copy of an approved release form provided by the Township of Hanover Police Department.
A.
All towing operators and their employees having contact with a vehicle towed by Hanover Township or the owner of said vehicle must submit to a criminal history check in compliance with the NJSP Criminal Information Unit, State Bureau of Identification (SBI form 212B). The employees 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. Background checks will be the responsibility of the tow operator/owner.
B.
Towing operators are responsible for verifying their employees have a valid driver's license. New Jersey information can be obtained by completing a NJMVC Driver History Abstract Request Form (DO-21). The form can be obtained by contacting the Motor Vehicle Commission at (609) 292-6100.
C.
Towing operators shall notify the Hanover Township Police Department concerning any changes in employee status, including additions and deletions. Immediate notification is mandatory whenever there is a deletion or addition of CDL Class A driver.
D.
Towing operators and their employees shall behave in a professional and ethical manner.
E.
Each towing operator and employee must:
(1)
Obtain certification from a GSTA-approved organization and include a copy of each certification in the application package.
(2)
Attend Traffic Incident Management Training for Emergency Responders within six months of hire and show proof of course completion.
(3)
Demonstrate they have attended GSTA-approved ongoing training within the past three years.
F.
New hires must obtain GSTA-approved certification within six months from start of employment.
G.
Each heavy-duty driver must possess a commercial driver's license (CDL) and also comply with 49 CFR 391.51.
H.
All certifications will be verified and maintained by the vendor and subject to review during the course of any inspection.
Following the approval of applications by the Chief of Police, it shall be his/her responsibility to establish a towing operators' rotational duty service list. The Police Department shall call the towing operators in sequential order as set forth by the Chief so that each towing operator will be given the opportunity to respond to individual calls as received by the Township. The Police Department shall have the right to call the next towing operator on the list should a towing operator fail to respond to a call within 20 minutes.
A.
The Chief of Police is hereby authorized to establish reasonable rules and regulations for the supervision, inspection and safe operation of tow trucks, wreckers and other related vehicles and equipment in accordance with the standards outlined in this section. The Chief shall maintain due vigilance over all towing operators to make certain that the tow trucks and other related vehicles and equipment are maintained in a safe working condition for transporting and hauling disabled vehicles. The Chief of his/her duly designated representative shall have the right at all times to inspect all towing vehicles and related equipment which performs services pursuant to this chapter.
C.
At any time, should the Chief or his/her designee determine that the vehicles and/or equipment being used are unsafe, he shall have the power and authority to direct the immediate correction or repair of any automotive defect, malfunction or violation of motor vehicle regulations within a specified period of time to be determined by the Chief. The Chief of Police is authorized and empowered to establish and transmit from time to time to all tow operators on the rotational list such additional rules and regulations not inconsistent with the provisions of this chapter as may be reasonable and necessary in carrying out the provisions of this chapter.
A.
The Chief of Police shall have the power to suspend a towing operator from the rotational duty service list for a period of up to 30 calendar days for failure to comply with any section of this chapter. A subsequent violation may result in the permanent removal of a towing operator from the rotational duty service list for a twelve-month period.
B.
The following violations are examples that will result in disciplinary action:
(1)
Repeated late arrival to calls for service.
(2)
Failure to answer telephone calls for service.
(3)
Failure to properly clean scenes.
(4)
Substantiated motorist complaints filed at either the department or via Consumer Affairs.
(5)
Violations of the minimal requirements as outlined in the application.
(6)
Failure to submit a renewal application when required.
(7)
Failure to maintain proper insurance coverage.
(8)
Violation of any provision of the Predatory Towing Prevention Act (N.J.S.A. 56:13-1 et seq.).
C.
Immediate termination may occur if the application is fraudulent, the owner is convicted of an indictable offense, the owner's insurance is canceled, if there is evidence indicating a pattern of consumer fraud, any violation of the Law Against Discrimination of the Civil Rights of any person in connection with the provision of tow services pursuant to this chapter, or any serious violation as determined by the Township of Hanover.
D.
A towing operator may appeal the Chief's ruling of either a suspension or a permanent removal. In such cases, an appeal may be filed with the Township Clerk within 10 business days of the Chief's decision. A hearing may be held by the Hanover Township Committee within 30 business days of the filing. The Hanover Township Committee shall render its determination within 20 business days following the conclusion of the hearing. The governing body's determination as rendered shall be final and conclusive under this chapter.
E.
In addition, failure to comply with the Township's Zoning, Land Use and Property Maintenance Codes[1] may subject any operator to suspension from the rotational duty service list upon request to the Chief of Police from the Township's Construction Official/Zoning Officer and/or Property Maintenance Officer. Any towing operator suspended from the rotational duty service list for any violation of the Township's Zoning, Land Use and Development and/or Property Maintenance Codes shall have the right to due process and appeal as set forth in Subsection A above.
A.
The fees and rates charged by the towing operators shall not exceed the prevailing Garden State Towing Association (GSTA) posted rates for the calendar year in which the service is provided. The rates posted on the GSTA website shall be presumed fair and reasonable and shall mimic that of the New Jersey State Police. A link to the GSTA rates shall be posted on Hanover Township's website (www.hanovertownship.com). The link to the Garden State Towing Association's current rates is as follows: https://gsta.org/state-police-rates/.
B.
Towing operators shall post a copy of their GSTA-approved service rates in a conspicuous manner within the tow facility or provide a copy upon request.
C.
It is the responsibility of towing operators to recover all charges for vehicle towing and recovery operations from the vehicle owner or the owner's insurance carrier. The Township of Hanover shall not be responsible for collecting any fees that are owed to the towing operators.
Any person, firm or corporation who willfully violates any of the provisions of this chapter shall, upon conviction, be subject to a fine not exceeding $1,250 or to imprisonment for a term not exceeding 90 days, or both. Each and every violation of this chapter or each and every day that any violation occurs shall be construed as a separate and distinct violation hereof. The Police Department is specifically designated as the enforcement agency to serve and execute process for violation of this chapter.