The purpose of this chapter is to provide standards, regulations
and rates for police-requested towing and storage services requiring
a response thereto by the licensees. It is the further purpose of
this chapter to regulate these services from a public safety perspective
to ensure the quickest response time to the scene of a motor vehicle
accident and minimize the waiting time for police officers. This chapter
will also ensure the prompt removal of motor vehicles from the roadway
as a result of a motor vehicle accident, other hazardous condition,
evidentiary value to a crime or any removal that may be mandated by
New Jersey statute. In addition, this chapter will make certain the
compliance with administrative requirements and specifications of
this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
CRUISING
The operation of a tow truck in and upon a roadway within
the Township of Hillside to solicit vehicle towing and/or storage
business except in response to a police request.
DRIVER
The person operating the tow truck for the licensee.
HEAVY DUTY
A tow truck capable of towing large trucks and that meets
the following minimum requirements: gross vehicle weight (GVW) 30,000
pounds; towing capacity (GVWR) 80,000 pounds; boom rating 50,000 pounds;
cable size and length 5/8 inch and 200 feet; equipped with chassis
lift under-reach retracted rating 25,000 pounds and extended rating
12,000 pounds.
LEASE
A vehicle leased by the licensee, through a bona fide company
that leases the necessary equipment and showing the licensee on the
registration as the owner or lessee. If the registration is such that
the lessee is not listed, the licensee will be required to show a
lease agreement from a business regularly engaged in leases of motor
vehicles.
LICENSE
The document approved and issued by the Township of Hillside
granting the privilege to tow and store vehicles and perform other
towing operations for the Township of Hillside.
LICENSEE
A towing operator having a license granted by the Township
pursuant to the provisions of this chapter.
LIGHT-DUTY FLATBED
A car carrier of the roll-back-and-tilt type, with dual wheels,
capable of removing and transporting passenger cars damage-free and
shall meet the following minimum requirements: GVW 15,000 pounds;
GVWR 18,500 pounds; winch rating 8,000 pounds; cable size and length
3/8 inch and 50 feet; bed length 19 feet; wheel lift retracted rating
6,000 pounds and extended rating 3,000 pounds.
LIGHT-DUTY WRECKER
A tow truck with dual wheels, capable of towing passenger
cars and shall meet the following minimum requirements: GVW 14,000
pounds; GVWR 18,000 pounds; boom rating 8,000 pounds; winch rating
8,000 pounds; cable size and length 3/8 inch and 100 feet; wheel lift
retracted rating 6,000 pounds and extended rating 3,000 pounds.
MEDIUM-DUTY FLATBED
A car carrier of the roll-back-and-tilt type, with dual wheels,
capable of removing and transporting small trucks, large passenger
cars, large sport utility vehicles, and full-size vans damage-free
and shall meet the following minimum requirements: GVW 24,500 pounds;
GVWR 28,000 pounds; winch rating 8,000 pounds; cable size and length
3/8 inch and 50 feet; bed length 22 feet; wheel lift retracted rating
6,000 pounds and extended rating 3,000 pounds.
OWNER
An individual or entity who or which owns or leases and/or
operates, parks or abandons a vehicle within the Township.
POLICE
The Police Department of the Township of Hillside or of any
jurisdiction having authority in the subject matter.
PRINCIPAL LOCATION
The business office of a respondent/licensee, where the licensee
shall conduct business associated with the towing and storage of vehicles
under authority of the towing license issued by the Township of Hillside.
RESPONSE TIME
The time from when the police call the licensee and then
until the licensee arrives at the location to service the vehicle.
ROUTINE CALL FOR SERVICE
A police request for road service of a disabled vehicle,
i.e., dead batteries, flat tires, out of gas or other services that
do not require towing.
TEMPORARY LICENSE
A towing license, authorized by the Chief of Police, and
issued by the Township of Hillside for the purpose of replacing a
current licensee, whether that replacement is due to the closing of
the business or the revocation of the licensee's towing license
for a violation of this chapter. This license is for emergency situations
only, and the cost will be prorated on a monthly basis.
TOWING OPERATOR
An individual or entity engaged in the business of providing
towing and storage services.
TOWING SERVICES
The towing service and/or on-site vehicle repair of the following:
tire changes, jump starts or jump starts (optional) rendered by a
towing operator.
VEHICLE
Every device in, upon or by which a person or property is
or may be transported upon a highway or street.
WAITING TIME
The time a licensee has equipment and personnel waiting at
a scene to perform a towing operation.
Licenses to tow shall be issued for twenty-four-month periods.
The following schedule of nonrefundable fees is adopted for
the obtaining of a towing license:
A. RFQ response fee: $500 by certified or bank check with submitted
RFQ response.
B. License fee: $3,000 per license period (24 months), due and payable
upon granting of the license. For a temporary license for a period
of less than 24 months, the fee shall be prorated accordingly.
The licensee shall at all times maintain the vehicles, equipment and storage facilities required by this chapter throughout the term of the license period. Failure to maintain the required vehicles, equipment and storage facilities throughout the license period may subject the licensee to suspension or revocation in accordance with §
279-9. The Police Chief or his designee may from time to time inspect the licensee's equipment and storage facilities to ensure continued compliance with this chapter throughout the license period.
Towing and storage services shall be governed by the following
provisions:
A. The schedule when a licensee will be on duty will be set by the Police
Department's Traffic Bureau and approved by the Chief of Police
for a period of one week. The schedule will provide for the rotation
of the two most qualified licensed towers. Towers will be responsible
to have equipment available 24 hours a day, seven days a week, while
on rotation.
B. The licensee shall respond to all police requests for towing and/or
road service, when requested by a police dispatcher or any other police
officer expressly authorized to communicate such a request. The licensee
will respond with the number of tow trucks requested to the scene
within a reasonable time. Such reasonable time shall be deemed to
be 15 minutes under normal atmospheric conditions and within 30 minutes
in inclement weather. This may be extended in emergency situations,
such as flood or blizzards. Heavy-duty wreckers will respond within
30 minutes from when it is determined that such a vehicle is required.
C. If a licensee is wholly or partially unable to respond due to failure
of any equipment or personnel insufficiencies, the licensee will immediately
notify the Police Department who will contact the next towing company
in the rotation to handle the request. If such an incident occurs,
the licensee will furnish in writing, within five business days, the
detail of the circumstances which caused the failure to respond to
the Police Department's Community Safety Bureau which will make
a determination if a follow-up investigation and/or inspection of
the licensee's facility is required.
D. Tow trucks of a licensee shall not cruise roadways within the Township
for business and shall not respond to any scene where towing may be
required except upon request of the Township Police Department or
any other Police Department.
E. No rotating or flashing lights or sirens shall be used on a tow truck
except as permitted by New Jersey Division of Motor Vehicles (DMV)
Department of Transportation (DOT) (N.J.S.A. 39:3-50), and all vehicles
operated by the licensee shall have a current permit for said lights
issued by the DOT along with all other required vehicle documents.
Unless specifically licensed to have red rotating and flashing lights,
any vehicle so equipped will not be considered for use in the Township
of Hillside.
F. All tow trucks shall be operated in accordance with all existing
traffic regulations and in a safe and prudent manner. Tow truck drivers
will request police assistance when they find it necessary to turn
around, back up, tow in a direction opposite the flow of traffic,
cross a median or other hazardous situation during the course of providing
service or towing.
G. Each licensee will be responsible for all vehicles and visible contents
in their custody that are towed off the roads under direction of the
police and shall assist officers in making an inventory at the scene
to note such contents of each vehicle.
H. No vehicle will be removed from any roadway within the Township without
proper authorization from the police at the scene, or the vehicle
owner or operator, as the case may be.
I. The investigating officer and/or supervisor at the incident scene
is in complete charge of the incident scene (excluding actual towing
operations), and all tow truck drivers shall comply with the officer's/supervisor's
instructions.
J. Each licensee, prior to departing from the scene of towing services,
shall be required to clean and clear the roadway of any nonhazardous
debris resulting from any accident at such scene when rendering towing
services, and at all times carry the necessary equipment to perform
such cleaning services. Such equipment shall minimally include but
is not limited to a broom and shovel.
K. In the event a licensee refuses to tow or render services at the
scene of an accident or disabled vehicle (except when a heavy-duty
tow truck is required) when requested by the police or vehicle owner/operator,
the officer assigned to the incident shall report the refusal to his
supervisor with all pertinent details.
L. Each licensee shall be required to keep up-to-date records of all
vehicles towed in conjunction with this license. Each licensee shall
provide the Hillside Township Police Traffic Bureau with a list of
all vehicles towed by order of the police (impounded) that remain
unclaimed in storage every Friday by 12:00 noon.
M. Vehicles impounded or confiscated by the police and stored by the
licensee shall not be released by the licensee without written authorization
by the Police Department.
Towing and storage charges shall be paid by the owner of a vehicle
towed and/or stored by a licensee at police request, and pursuant
to N.J.S.A. 40:48-2.49, such charges shall be as follows:
A. Towing services. The following is the fee schedule for towing services.
|
Type
|
Rate
|
---|
|
Basic Tow Rates
|
|
|
Category I (all vehicles 0 to 6,000 pounds GVW)
|
$75
|
|
Category II (all vehicles 6,001 to 26,000 pounds GVW)
|
$85
|
|
Category III (all vehicles 26,001 pounds and over GVW)
|
|
|
|
Single
|
$125
|
|
|
Combined unit
|
$175
|
|
Heavy-duty Category II and III (under-reach vehicles only)
|
$250
|
|
Trailers, containers, chassis and chassis with containers
|
$125
|
|
Extra Tow Service Rates
|
|
|
Winching cable (to be used only when vehicle left roadway),
per cable foot
|
$1.50
|
|
Recovery/winching (Category I and II only), per hour (1 person,
1 truck)
|
$100
|
|
Release brake cylinder, each
|
$15
|
|
Bumper removal
|
$20
|
|
Release air brakes
|
$15
|
|
Drop drive shaft
|
$15
|
|
Axle
|
$15
|
|
Jump starts
|
$25
|
|
Tire changes
|
$50
|
|
Lockouts
|
$25
|
B. Storage services.
(1) The following is the fee for per-day storage services.
(2) Storage fees shall be charged in accordance with the following:
(a)
Vehicles stored after 1:00 p.m. will not be charged storage
for that day.
(b)
Vehicles claimed prior to 11:00 a.m. will not be charged storage
for that day.
(c)
Vehicles stored for 24 hours or less shall only be charged for
a single day.
(d)
All vehicles shall be charged at least one day for storage.
|
Storage Fees
|
---|
|
Type
|
Rate
|
---|
|
Inside storage Category I, per day
|
$30
|
|
Inside storage Category II, per day
|
$60
|
|
Inside storage Category III, per day
|
$90
|
|
Outside storage Category I
|
$20
|
|
Outside storage Category II
|
$50
|
|
Outside storage Category III (including combined units)
|
$75
|
(3) Categories.
|
Type
|
Description
|
---|
|
Category I
|
All vehicles 0 to 6,000 pounds GVW
|
|
Category II
|
All vehicles 6,001 to 26,000 pounds GVW
|
|
Category III
|
All vehicles 26,001 pounds and over GVW
|
(4) "Gross vehicle weight" shall mean the registered weight, the manufacture's
gross vehicle weight rating, or the actual weight, whichever is greatest.
(5) No other fees, charges or surcharges will be levied, which includes
but is not limited to: yard charges, cleanup charges, or any other
service charge not covered by the fee schedule set forth in this chapter.
C. The licensee shall accept a minimum of two major credit cards 24
hours a day and must be able to do so both at the principal location
and by drivers on the road at the time service or tow is performed.
D. The Township and its Police Department shall not be liable to a licensee
with respect to towing and/or service rendered to any owner pursuant
to the licensee or otherwise. The licensee shall look to the registered
owner and/or operator of such vehicle for payment of towing and/or
storage service charges or any other compensation. If the vehicle
is unclaimed by the registered owner and/or operator and the finance
company and/or lien holder claims the right to retrieve said vehicle,
then the licensee may seek compensation for the towing of the vehicle
and its storage from the date the finance company and/or lien holder
reasonably has notice of the location of the subject vehicle.
E. If a vehicle is towed by a licensee to premises controlled by the
Police Department for the purpose of utilizing the vehicle or its
contents as evidence, or in an ongoing criminal investigation, such
vehicle shall not be released from Police Department custody, except
to the licensee, unless the owner of the vehicle furnishes the Police
Department with a receipt that all applicable fees for towing and/or
service have been paid in full. For any tows required by this section,
the Township shall be charged $1 per tow. If a vehicle is released
by the police to any party other than the licensee without proper
receipt, the Township shall be responsible for all charges, but may
pursue its remedy against the owner or other persons responsible.
F. Township motor vehicles shall also be towed at the rate of $1 per
tow.
G. There will be no access to towed vehicles by the vehicle owner or
his agent while the vehicle is in the tow yard until all fees have
been paid. Exceptions will be prescription drugs, prescription eyeglasses
or any other exigent circumstance as determined by the Chief of Police
or his designee.