The purpose of this chapter is to provide a
uniform set of procedures for administering the issuance, renewal,
suspension and revocation of all licenses issued under this chapter
in the interest of fair and equitable treatment of the motoring public
and towing operators and to establish standards for the operation
of towing businesses by licensees and to set rates for services performed
by licensees.
As used in this chapter, the following terms
shall have the meanings indicated:
CRUISING
Driving an unengaged wrecker back and forth on a public street
in a manner primarily calculated to solicit business.
FIFTH WHEEL
A device towed behind a heavy wrecker containing dual wheels
with a hinged pivot hitch used to replace a tractor connection to
a towed trailer. The wheels of the fifth wheel shall have a tire size
of not less than 10.00 by 20 inches.
GARAGE
A building in which motor vehicles can be sheltered, stored,
repaired and made ready for use, and is specifically intended not
to include within the meaning of this definition a gasoline service
station used principally for furnishing gasoline, oil and lubrication
and minor services for motor vehicles.
HEAVY DUTY WRECKER
A wrecker of either of the types set forth in the definition
of "wrecker," designed to be capable of towing vehicles having a gross
vehicle weight rating (GVWR) of 10,000 pounds or more.
HIGHWAY
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
INSIDE BUILDINGS
A vehicle storage facility that is completely indoors, having
one or more openings in the walls for storage and removal of vehicles
and that is secured by a locking device on each opening.
LIGHT-DUTY WRECKER
A wrecker of either of the types set forth in the definition
of "wrecker," designed to be capable of towing vehicles having a gross
vehicle weight rating (GVWR) of less than 10,000 pounds.
OPERATOR
A person, firm, corporation or other legal entity engaged
in the business of providing wrecker services and storage services
for vehicles towed.
OUTSIDE SECURED
A motor vehicle storage facility that is outdoors and is
secured by a fence, wall or other man-made barrier that is at least
six feet high and is installed with a passive alarm system or a similar
on-site security measure. The facility is to be lighted at night.
POLICE TOW
The towing or servicing of a vehicle which has been involved
in an accident or disabled on a highway in such a manner so as to
interfere or be likely to interfere with the safe passage of traffic
or any vehicle involved in a police investigation.
SUBCONTRACTOR
A municipally licensed wrecker operator called to the scene
by the primary wrecker operator to assist.
TOWING BUSINESS
A business, located within Franklin Township, with an inside
building and/or an outside secured area in which motor vehicles can
be sheltered, stored, repaired and made ready for use. A light-duty
tow agency shall be one which owns or operates any two or more wreckers,
as defined. At a minimum, each light-duty business must have at least
one boom-style wrecker and one tilt-body wrecker in order to be maintained
on the towing list.
TOWING LIST
A list of licensed towing businesses maintained by the Franklin
Township Police Department and used for the purpose of calling appropriate
towing service for all police needs and for removing vehicles from
crashes.
WRECKER
A vehicle equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts, or under-reach equipment specially designed
by its manufacturer for the removal and transport of motor vehicles.
The following shall serve as a guide for minimum
standards as they apply to light-duty and heavy-duty wreckers.
A. Light-duty (below 10,000 pounds GVWR capacity):
(1) Dual rear wheels or equivalent.
(2) A power take-off controlled winch with a minimum cable
thickness of 3/8 inch.
(3) A three-eighths-inch safety chain. The lift chain
and the safety chain are not to be attached in any form or manner
to the same part of the wrecker.
(4) A gross vehicle weight of not less than 15,000 pounds.
(5) Originate from a garage equipped with a portable car
dolly and steering lock bar.
(6) Three-hundred-sixty-degree rotating amber beacon light
mounted over the cab.
(7) Four double-faced rear flashing amber lights mounted
high at maximum state requirements.
(8) All lights shall be of such candlepower in intensity
as to be visible from 1/4 mile away or must be equal to the candlepower
of the lights on Township Police vehicles.
(9) Tow businesses must maintain light permits for all
wrecker emergency lighting.
B. Heavy-duty (over 10,000 pounds GVWR capacity).
(2) A power take-off controlled winch with a minimum cable
thickness of 5/8 inch.
(3) A one-half-inch safety chain. The lift chain and the
safety chain are not to be attached in any form or manner to the same
part of the wrecker.
(4) A gross vehicle weight of not less than 20,000 pounds.
(5) A three-hundred-sixty-degree rotating amber beacon
light mounted on the cab.
(6) Four double-faced rear flashing amber lights mounted
high at maximum state requirements.
(7) All lights shall be of such candlepower in intensity
as to be visible from 1/4 mile away or must be equal to the candlepower
of the lights on Township Police vehicles.
(9) Connecting air lines for connection with the air compressor
and air brake lines of towed vehicles.
(11) Detachable amber flashing lights to be attached to
the rear of towed vehicles.
C. All wreckers shall be equipped with the following:
(1) One large street broom and shovel.
(2) Safety flares for night work.
(3) Speedy dry or equivalent absorbent material for fluid
spills.
(4) Fire extinguisher (ABC type).
(5) Basic set of automotive tools.
D. All wreckers licensed under this Act shall be in compliance
with all the applicable provisions of Title 39, New Jersey Motor Vehicle
and Traffic Regulations.
The Township Clerk shall issue to the person
owning a licensed wrecker a card, not less than four inches nor more
than six inches in width, in such form as may be set by the Township
Clerk, which shall be at all times displayed on the right front windshield
of each wrecker. The card shall bear the name of the applicant, official
license number of the wrecker, the rate of fares and conditions of
employment under which the wrecker is operating and a notice that,
in case of any complaint, the complainant may notify the Police Department,
and the date of inspection of the wrecker, together with blank spaces
upon which any entry shall be made of the date of every inspection
of the wrecker by the inspector. In lieu of the card, a metal plate
to be furnished by the owner, giving the same information, may be
affixed in a prominent place on the wrecker.
The Township Clerk shall keep a record of the
names of all persons owning and operating wreckers licensed under
this chapter, together with the license number and a description of
the wreckers and the date and complete record of inspection made of
them.
A wrecker license hereunder shall be issued
subject to the following conditions:
A. No person owning or operating a wrecker or other automobile,
while waiting for employment, shall stand at any public street or
intersection or on any public or private property, other than his/her
own, without first obtaining the consent of a police officer or of
the owner of the property.
B. No person shall seek employment by repeatedly and
persistently driving his wrecker back and forth in a short space in
front of any disabled vehicle or by otherwise interfering with the
proper and orderly progress of traffic along the public highways.
C. No person owning or operating a wrecker licensed under
this chapter shall engage in cruising.
D. No person owning or operating a wrecker licensed under
this chapter shall permit or invite loitering within or near his/her
wrecker.
E. No person shall solicit or attempt to divert prospective
patrons of a given garage to another garage.
F. No person shall solicit, demand or receive from any person any commission or fee except the proper fee for transporting the disabled vehicle in accordance with §
390-9.
G. No person shall intercept police calls by short-wave
radio or obtain information as to the location of the scene of a crash
or disabled vehicle by means of interception of police radio calls
and then use the intercepted information to attempt to solicit employment
of the licensee's services.
H. No person shall pay any gratuity, tip or emolument
to any third person not involved in the crash or to a police officer
for any information as to the location of any crash or for soliciting
the employment of the licensee's services, nor give any gratuities
fees or other compensation or gifts to any members of the Police Department.
I. Any wrecker service summoned either by the Police
Department or the owner of the vehicle shall be required to respond
on scene within 1/2 hour.
J. The wrecker company must be available seven days a
week, 24 hours a day. The Chief of Police may grant a leave of absence
requested by the company upon request, in writing, at least one week
in advance.
K. The wrecker company must be open for customers to
claim their vehicles between the hours of 8:00 a.m. and 5:00 p.m.
daily, except Sundays and New Jersey and federal holidays.
L. A wrecker company that cannot respond when called
shall not have any other wrecker company, whether on the rotation
list or not, respond in its place. The next wrecker on the list shall
be called to respond by the Police Department.
M. Any wrecker company unable to respond to four or more
Police Department requests per month will be subject to removal from
the approved list. In the event that a telephone call goes unanswered
by either human or machine, the Police Department shall allow the
phone to ring 10 times on any call before going to the next service
on the list. If a message is left on voicemail or a company is paged,
they will be granted a five-minute wait period to respond to the voicemail
or page before the Police Department calls the next wrecker company
on the list.
[Amended 4-12-2011 by Ord. No. 3927]
N. A wrecker company on the police rotation list and
responding to a job as a result of the police rotation list shall
only charge fees and rates established by this chapter.
O. Owners, agents or employees of a wrecker company shall
act professionally when dealing with the public as a result of a police-requested
tow.
P. Any wrecker that responds to a scene as a result of a police request from the tow rotation list shall be in compliance with the minimum standards established in §
390-4.
Every person owning a licensed wrecker shall
keep a record of all details of each vehicle towed, serviced or transported,
together with full information concerning the details surrounding
the hire and the full name of the owner of the towed vehicle and of
the person engaging him.
Nothing in this chapter shall apply to persons
who pick up disabled vehicles outside the Township and are in the
course of taking the vehicles to a garage either within or outside
the Township. This chapter shall not apply to persons whose principal
place of business as wreckers is outside the Township who come into
the Township to pick up a disabled vehicle under contract for hire
with any person engaged in the trucking or transportation business
or in the operation of fleets of vehicles, or to wreckers hired by
motorists without the assistance and/or involvement of the Police
Department.
The Township Clerk shall make available all
fee schedules and regulations applicable to towing for public inspection
during regular business hours.
Nothing in this chapter shall abrogate or in
any way diminish the rights of the vehicle owner to make his own selection
of a wrecker, except where the vehicle presents a real and immediate
hazard to the public safety.
If any section, paragraph, subsection, clause
or provision of this chapter shall be adjudged by the courts to be
invalid, such adjudication shall apply only to the section, paragraph,
subsection, clause or provision so adjudged, and the remainder of
this chapter shall be deemed valid and effective.