[Amended 4-28-2009 by Ord. No. 2009:14; 12-17-2019 by Ord. No. 2019:71]
The purpose and intent of this chapter is to
provide criteria and standard operating procedures that are reasonable,
nonexclusionary and nondiscriminatory in the selection and use of
towing operators for nonconsensual towing, as defined in the Predatory
Towing Prevention Act, N.J.S.A. 56:13-7 et seq. Towing operators will,
on a rotational basis, provide towing, repair and storage services
for vehicles that are abandoned, disabled, illegally parked or stolen,
involved in accidents and/or suspected or identified by the Township
as being involved in criminal activities or motor vehicle offenses.
The terms listed below shall be defined as follows
for the purposes of this chapter:
ABANDONED VEHICLE
A vehicle that the owner or operator leaves on a public roadway,
and the owner or operator fails to notify the police and does not
attempt to repair and remove the same within a reasonable amount of
time.
ADMINISTRATIVE FEE
A one-time fee per vehicle for the purpose of compensating
the licensee for inspecting the vehicle, allowing owners to retrieve
personal property from the vehicle, and for the preparation of additional
paperwork beyond the initial towing bill.
BASIC TOWING SERVICE
The removal and transportation of a vehicle from a highway,
street or other public or private road, parking area or from a storage
facility, but does not include recovery of a vehicle from a position
beyond the right-of-way or berm or recovery of a vehicle that is impaled
upon any other object within the right-of-way or berm.
DISABLED VEHICLE
A vehicle which has been abandoned, disabled, impounded or
otherwise rendered inoperable as a result of a mechanical failure,
involvement in an accident or which is required to be removed by the
police for any other reason. A vehicle, the location of which constitutes
a hazard to the motoring public, shall be deemed disabled for the
purposes of this chapter.
HEAVY-DUTY OUTSIDE SECURED STORAGE FACILITY
A 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. The facility
is to be lighted at night with continual or motion-detection-actuated
lighting. The facility must be capable of storing a minimum two complete
tractor-and-trailers.
HEAVY-DUTY ROAD SERVICE
Minor maintenance, such as changing a tire, supplying fuel
or water or jump starting of a vehicle with a registered gross weight
of 15,001 pounds or more.
HEAVY-DUTY WRECKER
A.
A tow truck with dual wheels, capable of towing
large trucks and which shall meet the following minimum requirements
as set forth in the New Jersey State Police Application and Minimal
Requirements for Vehicular Towing:
(1)
Commercially manufactured wrecker and chassis:
26,001 pounds minimum gross vehicle weight (GVW).
(2)
Meeting state and federal DOT requirements governing
commercial motor vehicles.
(4)
Air transfer system — means of controlling
the brakes of the towed vehicle.
(5)
Axle lift with minimal lift capacity of 25,000
pounds and tow capacity of 80,000 pounds.
(6)
Two safety chains, one-half-inch-by-ten-foot
alloy.
(7)
Two tow chains, five-eighths-inch-by-ten-foot
alloy.
(8)
Axle lift safety straps or equivalent retention
device.
(9)
Amber emergency lights with proper amber light
permit.
(10)
Two flood lights or work lights to the rear
of the wrecker.
(11)
Tow light bar or magnetic tow lights.
(12)
Two-way radio or cellular phone.
(13)
Assortment of wood blocks and boards.
(16)
T-Bolts/maxi release pins.
(21)
Road flares, triangles or road cones.
B.
Heavy-duty wreckers shall also meet the following
local requirements:
(1)
Environmentally safe drying compound, 50 pounds
minimum.
(2)
Minimum gross combination weight rating (GCWR)
of 80,000 pounds.
(3)
Minimum hydraulic-operated boom of 50,000 pounds
or equivalent of a Holmes 750 Mechanical.
IMPOUNDMENT
The act of storing and confining a vehicle upon an order
of the Police Department at either the towing operator's storage facility
or at the Police Department impound location as a result of abandonment,
involvement in an accident or suspected criminal activity.
INSIDE BUILDING VEHICLE STORAGE FACILITY
A storage facility that is completely indoors, having one
or more openings or storage bins for the storage of vehicles and that
is secured by a locking device on each bin or opening.
LABOR
The additional work done at the scene by the tow truck operator
that is beyond that which is required to perform a basic tow or any
additional manpower needed to complete a recovery, winching or towing
of a vehicle. Labor charges for additional manpower shall be based
on a per-man, per-hour basis.
LEASED VEHICLE
A vehicle leased by the towing operator, through a leasing
company, and showing the licensee on the registration as the owner
or lessee. If the registration is such that the lessee is not listed,
the towing operator will be required to show lease agreement.
LIGHT-DUTY FLATBED
A.
A car carrier of the roll back or tilt type,
with dual wheels, capable of removing and transporting passenger cars
damage free and shall meet the following minimum requirements as set
forth in the New Jersey State Police Application and Minimal Requirements
for Vehicular Towing:
B.
Light-duty flatbed shall meet the same requirement
as a light-duty wrecker plus the following requirements:
(1)
Commercially manufactured flatbed and chassis
of 14,500 pounds GVWR minimum.
(2)
Seventeen feet or longer hydraulically operated
slide back or tilt bed.
(3)
Three-eighths-inch-by-fifty-foot cable or OEM
specifications.
(4)
Four safety chains, three-eighths-inch-by-ten-foot
high test minimum.
(5)
One bridle chain high test with "J" and "T"
hooks and grab hooks.
(6)
One four-ton snatch block.
(7)
Assortment of wood blocks and boards.
C.
Light-duty flatbeds shall have the following
equipment as specified by the Township:
(1)
Environmentally safe drying compound, minimum
of 50 pounds.
LIGHT-DUTY ROAD SERVICE
Minor maintenance, such as changing a tire, supplying fuel
or water or jump starting of a vehicle with a registered gross weight
of 15,000 pounds or less.
LIGHT-DUTY WRECKER
A.
A tow truck with dual rear wheels, capable of
removing and transporting passenger cars damage-free and shall meet
the following minimum requirements as set forth in the New Jersey
State Police Application and Minimal Requirements for Vehicular Towing:
(1)
Minimum gross vehicle weight (GVW) commercially
manufactured wrecker and chassis of 10,000 pounds.
(3)
Minimum chassis lift/under-reach of 3,000 pounds.
(4)
Minimum winch capacity of 8,000 pounds.
(5)
Hydraulic-operated boom of 8,000 pounds minimum.
(6)
Cable size and length, 3/8 inch and 100 feet
or OEM specifications minimum.
(7)
Two safety chains, three-eighths-inch-by-ten-foot
high test.
(8)
Two tow chains, three-eighths-inch-by-ten-foot
high test with "J" and "T" hooks and grab hooks.
(9)
Wheel lift safety straps or equivalent retention
device.
(10)
One three-ton snatch block.
(11)
Trailer ball hitch attachment.
(12)
Motorcycle towing equipment.
(13)
Amber emergency lights with proper permit.
(14)
Two flood lights or work lights to the rear
of the wrecker.
(17)
Flashlight, first aid kit, fire extinguisher.
(21)
Road flares, triangles or road cones.
B.
Light-duty wreckers shall also have the following
equipment as specified by the Township:
(1)
Environmentally safe drying compound, minimum
of 50 pounds.
OUTSIDE SECURED STORAGE FACILITY
A storage facility that is not completely indoors and that
is secured by a permanent fence, wall or other man-made barrier that
is at least six feet in height and is protected with on-site security.
The facility is to be lighted at night with continual or motion-detection-actuated
lighting. The facility must be capable of storing a minimum of four
passenger-sized vehicles.
OWNER
A person, firm, corporation, company, or partnership that
owns and/or operates a vehicle on the roads and highways within the
Township of Parsippany-Troy Hills, which vehicle, by reason of being
abandoned, disabled or unlawfully on said roads, requires towing services.
PERSONAL PROPERTY
As used in §
385-8 of this chapter shall mean personal property of the vehicle owner or operator that, if removed from the vehicle, does not detract from the salvageable value of the vehicle.
RECOVERY DUTY
Service for all accidents, recovery, and winching incidents
for any vehicle weighing over 15,000 pounds GVW; removal of vehicle
from an off-road location to a towable position while preserving the
condition of the vehicle.
RECOVERY UNIT
A tow truck with dual wheels, capable of recovering large
trucks and shall meet the following minimum requirements:
A.
Commercially manufactured wrecker and chassis
26,001 pounds minimum gross vehicle weight (GVW).
B.
Meeting state and federal DOT requirements governing
commercial motor vehicles.
C.
Minimum gross combination weight rating (GCWR)
of 80,000 pounds.
D.
Hydraulic-operated boom of 50,000 pounds minimum
or equivalent of a Holmes 750 Mechanical.
E.
Minimum winch capacity of 50,000 pounds.
F.
Minimum chassis lift/under-reach rated of 35,000
pounds.
G.
Cable size and length: 5/8 inch and 200 feet
or OEM specifications minimum.
J.
Two safety chains, one-half-inch-by-ten-foot
Grade 10 alloy.
K.
Two tow chains, one-half-inch-by-ten-foot Grade
10 alloy and four chain binders.
L.
Four winching chains, one-half-inch-by-eight-foot
Grade 10 alloy.
M.
Four tie-down chains, 5/16 inch by 10 feet and
four chain binders.
N.
Two recovery straps, minimum of six inches by
20 feet.
O.
Axle lift safety straps or equivalent retention
device.
P.
Two scotch blocks or recovery stiff legs mounted
into body of the truck.
Q.
Two twelve-ton snatch blocks.
R.
Amber lights with proper permit.
S.
Two flood lights or work lights to the rear
of the wrecker.
T.
Tow light bar or magnetic tow lights.
U.
Assortment of wood blocks and boards.
X.
T-Bolts/maxi release pins.
DD.
Road flares, triangles or road cones.
EE.
Environmentally safe drying compound, minimum
of 50 pounds.
FF.
Additional equipment, either owned or subcontracted:
(1)
Air cushion recovery system, including starter
cushions, with motor-driven air pump, with a lifting capacity of 100,000
pounds.
(2)
Semi-tractor with fifth wheel.
(3)
Lowboy or Landoll-type trailer with minimum
hauling capacity of 40,000 pounds.
(4)
Relief trailer or truck capable of transferring
loads off damaged trucks.
SUBCONTRACTOR
An approved Township wrecker service used to supplement the
needs of a wrecker service under extraordinary circumstance.
TOTAL TOW CHARGE
As used in the Fee Schedule, shall mean the total of the
basic towing service, excluding any mileage charge imposed by the
towing operator, for towing within the Township borders. Mileage charges,
if any, are only allowed for vehicles towed out of the Township at
the request of the vehicle owner.
TOWING OPERATOR
A person, firm, corporation, company or partnership engaged
in the business of providing towing, road and storage services for
vehicles towed pursuant to this chapter.
TOWING/WRECKER VEHICLE
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, by reason of being disabled,
abandoned or unlawfully on the roads, require towing and/or storage.
VEHICLE
A device in, upon or by which a person or property is or
may be transported upon a highway, except devices moved by human power
or used exclusively upon stationary rails or tracks or motorized bicycles.
WAIT TIME
Additional time a tow operator spends at the scene other
than the time required for the actual tow and/or recovery. Examples
of wait time may include but are not limited to EMS services which
must be performed and/or police investigations.
WINCHING
The process of moving a vehicle by the use of the tow cable
from a position that is not accessible for direct hook up by conventional
means for loading onto a tow vehicle. Winching shall not mean pulling
a vehicle onto a flatbed or carrier or lifting a vehicle with a conventional
tow truck.
The Chief of Police, or his designee, shall
be responsible for approving all applications by towing operators
for inclusion on the rotational list when the Chief determines that
the following requirements have been met by the applicant:
A. All applicants shall have a storage facility, the address of which shall be the same as the business address on the application, which shall be within the Township boundaries. The storage facility shall accommodate a minimum of four medium-sized vehicles. The facility shall be lighted, and have a fenced, secure area as defined in §
385-2 of this chapter.
B. All applicants doing heavy-duty towing and recovery shall have a storage facility, the address of which shall be the same as the business address on the application, which shall be within the Township boundaries. The storage facility shall accommodate a minimum of two complete tractor trailers. The facility shall be lighted, and have a fenced, secure area as defined in §
385-2 of this chapter.
C. All towing operators must own or lease and have available at least one conventional tow truck and one flatbed truck, as defined in §
385-2, in addition to other equipment which is necessary for the safe performance of towing, emergency road and storage services. Only one company can utilize the same tow vehicles. There can be no common ownership or sharing of towing vehicles.
(1) Each light-duty driver must obtain a Level 1, National
Driver Certification from a tow truck operator's course or equivalent.
New hires must obtain a certificate within nine months from the start
of employment. Certificates must be available for inspection.
(2) The towing operator must provide a detailed listing
of the equipment to be utilized. The listing shall include the following
information:
(a)
Manufacturer, type, and specifications for each
truck.
(b)
Ownership and/or lease information.
(c)
Manufacturer's certifications of the lifting
capabilities of the devices for each vehicle or a certified testing
laboratory test result for the rating lift capacity.
(3) All wreckers must be properly licensed and inspected
by the State of New Jersey having the necessary stickers affixed.
D. All heavy-duty towing operators must own or lease and have available at least one conventional heavy-duty wrecker, as defined in §
385-2, in addition to other equipment which is necessary for the safe performance of towing, emergency road and storage services. Only one company can utilize the same tow vehicles. There can be no common ownership or sharing of towing vehicles.
(1) Heavy-duty drivers must obtain a Level 2, National
Driver Certification from a tow truck operator's course or equivalent.
New hires must obtain a certificate within nine months from the start
of employment. Certificates must be available for inspection.
(2) Heavy-duty tow operators must have available one employee
who has obtained a Level 3, National Driver Certification from a tow
truck operator's course or equivalent and have training from an industry-recognized
recovery course. Certificates must be available for inspection.
(3) Heavy-duty drivers must have a CDL endorsement on
their license. When applicable they shall also have the following
endorsements for (H) hazardous material, (N) tanker vehicle and (T)
double/triple trailers. They must have proof of medical clearance
and medical card in possession.
(4) The towing operator must provide a detailed listing
of the equipment to be utilized. The listing shall include the following
information:
(a)
Manufacturer, type, and specifications for each
truck.
(b)
Ownership and/or lease information.
(c)
Manufacturer's certifications of the lifting
capabilities of the devices for each vehicle or a certified testing
laboratory test result for the rating lift capacity.
(5) All wreckers are to be properly licensed and inspected
by the State of New Jersey having the necessary stickers affixed.
E. All towing operators' trucks must be equipped with
either two-way radios and/or mobile telephone communications equipment
with the ability to communicate with the towing operator's principal
place of business, including their garages and/or facilities, to ensure
the proper availability of services and equipment on behalf of the
Township and motorists.
F. All towing operators' trucks shall be equipped with
brooms, shovels and other street sweeping equipment for the purpose
of clearing and removing debris off the roadways. Such trucks shall
also be equipped with but not limited to large plastic bags and a
minimum of 50 pounds of environmentally safe drying compound for the
purpose of absorbing and removing fluids that have discharged from
a damaged vehicle.
G. All towing operators' wreckers and all other vehicles shall be owned or leased, as defined in §
385-2, in the towing operator's name and shall be properly licensed and registered with the New Jersey Division of Motor Vehicles. All towing operator vehicles shall display commercial license plates.
H. The towing operator's company name, address and telephone
number(s) shall be prominently displayed on both sides of all wreckers
and other tow vehicles.
I. All drivers of towing/wrecker vehicles shall have
the proper New Jersey driver's license or commercial driver's license
as may be appropriate.
J. All drivers of towing/wrecker vehicles shall furnish
their social security number and necessary information needed to conduct
criminal background checks.
K. At the time of the application or at any time a new
tow truck driver is added or assigned, the towing operator shall submit
to the Police Department the name, driver's license number, social
security number and date of birth of the tow truck driver prior to
the driver's operation of any tow truck pursuant to a Township Police
Department request. Fifty percent of all principals and employees
of the towing operators will be subject to random drug testing by
a controlled substance testing facility annually. The cost will be
borne by the towing operators.
L. All drivers of towing/wrecker vehicles shall be required
to wear clothing upon which shall be contained the name of the business
and the name of the driver.
M. Certificate of insurance. All towing operators shall
submit a certificate of insurance to the Chief of Police, quarterly,
which certificate shall name the Township of Parsippany-Troy Hills
Police Department as additional insured. The certificate shall provide
evidence that the towing operator carries the following insurance
coverage:
(1) Comprehensive general liability: a minimum amount
of $1,000,000 combined single limits.
(2) Automobile liability: coverage in a minimum amount
of $50,000 combined single limits. Coverage shall include nonowned
and hired automobiles.
(3) 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 per vehicle for damages or losses arising out
of theft of the vehicle's contents, the vehicle itself or losses due
to fire or explosion.
(4) Workers' compensation: coverage in accordance with
the statutory limits for each company, if more than one is owned.
N. Indemnification. The towing operator agrees that,
to the fullest extent permitted by law, it shall indemnify, defend,
and hold harmless the Township from and against any and all:
(1) Claims, suits, judgments and demands whatsoever, including,
without limitation, costs, litigation expenses, counsel fees and liabilities
with respect to injury to or death of any person or persons whatsoever;
and
(2) Damage to property of any kind arising out of or caused
in whole or in part by the acts or omissions of the towing operator
or any other person directly or indirectly employed by the towing
operator while in the performance or rendering of any services pursuant
to this chapter.
O. Information from the Better Business Bureau, Consumer
Affairs and similar sources can also be utilized for qualification
purposes.
P. All towing/wrecker vehicles shall be equipped with
flashing amber lights. The lights shall be utilized in accordance
with the standards established in the amber light permit that is issued
separately for each towing/wrecker vehicle that is listed on the application
to participate in the rotational duty list as required in this section.
[Amended 4-28-2009 by Ord. No. 2009:14]
A. The Chief of Police, or his designee, shall be responsible
to establish towing operators' rotational duty lists, which may include
separate lists for light-duty and heavy-duty towing, following approval
of applications. He shall also be responsible for establishing towing
sections within the Township as necessary, the locations of which
shall be determined to provide the most rapid response by tow operators.
B. The Police Department shall call the towers on each
rotational duty list 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 Police Department.
C. The Police Department shall be authorized to call
the next towing operator on the rotational duty list should a towing
operator fail to respond to a call within 20 minutes.