The purpose and intent of this chapter is to provide reasonable,
nonexclusionary, and nondiscriminatory criteria and standard operating
procedures for the selection and use of tow operators for nonconsensual
towing, as defined in the Predatory Towing Prevention Act, N.J.S.A.
56:13-7 et seq. Tow 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 following words and terms, when used in this chapter, shall
have the following meanings, unless context clearly indicates otherwise:
ABANDONED
A vehicle that the owner or operator leaves on a public roadway
where the owner or operator fails to notify the Cedar Grove Police
Department and does not attempt to repair or otherwise remove the
same within a reasonable amount of time. For purposes of this chapter,
abandoned shall also mean a vehicle that is parked in a public place
or on private property, for a period of more than 48 hours or is positioned
so as to constitute an obstruction to traffic or impose other hazards,
without the property owner's consent, without the current year's registration,
or license plates, as required by law.
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.
BASE OF SERVICE
The principal place of business where the towing contractor
stations tow vehicle(s) when not in use. Each towing operator shall
maintain his/her own place of business where trucks, in response to
police requests, are normally kept. Towing operators shall not share
a base of service. The impound area shall be located adjacent to,
or be part of, the base of service and shall comply with the local
zoning ordinances.
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 is not to include the 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.
CHIEF OF POLICE
The Chief of the Police Department of the Township or his/her
designee.
DISABLED VEHICLE
A vehicle which has been abandoned, disabled, impounded or
otherwise rendered inoperable as a result of a mechanical failure,
involvement in a crash 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.
GENERAL WRECKER REQUIREMENTS
All tow truck and flatbed vehicles (light, heavy duty, or
recovery) shall have the following:
A.
Amber emergency lights with a proper amber light permit issued
by the appropriate State of New Jersey authority.
B.
No red or blue emergency lights (flashing or steady) on the
front, rear, or sides.
C.
Two flood or work lights to the rear of the wrecker.
D.
Two-way radio or cellular phone.
K.
Road flares, triangles, or road cones.
L.
Trailer ball hitch attachment.
M.
Motorcycle towing equipment.
P.
Assortment of wood blocks and boards.
Q.
Vehicle manufacturer serial plate which must be legible and
visible for inspection on undercarriage and chassis boom, or under
reach and chassis, or certified by manufacturers rating paperwork.
HEAVY-DUTY OUTSIDE SECURED STORAGE FACILITY
A storage facility that is not completely indoors and 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 at minimum two complete
tractor-and-trailers.
HEAVY-DUTY ROAD SERVICE
Minor maintenance, such as changing a tire, supplying fuel
or water, or jump starting 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 for vehicular
towing:
(1)
Commercially manufactured wrecker and chassis: 33,000 pounds
minimum gross vehicle weight (GVWR).
(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)
Tow light bar or magnetic tow lights.
(10)
Two-way radio or cellular phone.
(11)
T-bolts/maxi release pins.
(13)
Two twelve-ton snatch blocks per winch.
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 a crash, 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
beyond that 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 meeting
the following minimum requirements for vehicular towing:
(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.
B.
A light-duty flatbed shall meet the same requirement as a light-duty
wrecker, defined infra, 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 which shall meet the following minimum
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 four-ton snatch block per winch.
(11)
Trailer ball hitch attachment.
(12)
Motorcycle towing equipment.
B.
Light-duty wreckers shall also have the following equipment
as specified by the Township:
(1)
Environmentally safe drying compound, minimum of 50 pounds.
MOTOR VEHICLE CRASH
An occurrence where one a vehicle comes into contact with
any other object causing the vehicle to be towed or removed for placement
in a storage facility. This includes all situations which are accidental
involving one person, even if caused by the intentional acts of another.
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 30
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 Cedar Grove, which vehicle, by reason of being abandoned,
disabled or unlawfully on said roads, requires towing services.
PERSONAL PROPERTY
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 crashes, recovery, and winching incidents
for any vehicle weighing over 15,000 pounds GVWR; 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 which 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.
S.
Environmentally safe drying compound, minimum of 50 pounds.
T.
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 to their
storage facility. 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
Every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or low-speed electric bicycles, low-speed electric scooters, or motorized bicycles. Additional definitions for types of vehicles will be the same as those contained in N.J.S.A. Title 39, Chapter
1, Definitions.
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 hookup 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/her 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 their base of service and storage facility,
the address of which shall be the same as the business address on
the application, which shall be within seven road miles of the Township
of Cedar Grove Municipal Building, 525 Pompton Avenue, Cedar Grove,
NJ 07009. Mileage will be calculated by shortest roadway travel route.
The storage facility shall accommodate a minimum of 30 passenger-sized
vehicles. The facility shall be lighted, have a fenced, secure area,
and twenty-four-hour security cameras that record.
B. All applicants doing heavy-duty towing and recovery shall have their
base of service and storage facility, the address of which shall be
the same as the business address on the application, which shall be
within seven road miles of the Township of Cedar Grove Municipal Building,
525 Pompton Avenue, Cedar Grove, NJ 07009. Mileage will be calculated
by shortest roadway travel route. The storage facility shall accommodate
a minimum of two complete tractor trailers. The facility shall be
lighted, have a fenced, secure area and twenty-four-hour security
cameras that record.
C. The storage facility cannot stack wrecked vehicles, one on top of
the other, to meet the storage requirements. Only one level of storage
is permitted, all vehicles must be stored individually and arranged
as to permit inspection and subsequent removal.
D. All towing operators must own or lease and have available at least one light-duty wrecker tow truck and one light-duty flatbed truck, as defined in §
244-2, 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 provided for each application year.
(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.
E. All heavy-duty towing operators must own or lease and have available at least one conventional heavy-duty wrecker, as defined in §
244-2, 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 provided for each application year.
(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 provided for each application
year.
(3) Heavy-duty drivers must have a CDL endorsement on their license.
When applicable they shall also have the following endorsements: (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.
F. 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.
G. All towing operator's 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.
H. All towing operators' wreckers and all other vehicles shall be owned or leased, as defined in §
244-2, 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.
I. 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.
J. All drivers of towing/wrecker vehicles shall have valid New Jersey
driver's license and/or commercial driver's license, with endorsements,
as may be appropriate. Each towing contractor will provide a list
of driver's license numbers for each application year.
K. All drivers of towing/wrecker vehicles shall furnish their social
security number and necessary information needed to conduct criminal
background checks.
L. 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.
M. 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.
N. All drivers of towing/wrecker vehicles shall be required to wear
high visibility safety apparel as required by the current edition
of the Manual on Uniform Traffic Control Devices (MUTCD) when exposed
to vehicular traffic.
O. All drivers of towing/wrecker vehicles shall be familiar with the
"State of New Jersey Traffic Incident Management Safety Guidelines
for Emergency Responders," available at http://www.njtim.org.
P. Certificate of insurance. All towing operators shall submit a certificate
of insurance to the Chief of Police, annually or upon request, which
certificate shall name the Township of Cedar Grove 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) Garage keepers' legal liability insurance policy in an amount not
less than $500,000. Said policy must include both comprehensive and
collision, and an endorsement to include "on hook."
(3) Excess/umbrella liability. In the event that garage liability and/or
automobile liability cannot be purchased up to the required $1,000,000
limit, an excess liability or umbrella liability policy must be purchased
to reflect a total liability limit of $1,000,000. Excess or umbrella
liability policies will not be required for garage and automobile
policies that meet or exceed the $1,000,000 minimum limit.
(4) Automobile liability: coverage in a minimum amount of $500,000 combined
single limits. Coverage shall include nonowned and hired automobiles.
(5) 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.
(6) Workers' compensation: coverage in accordance with the statutory
limits for each company, if more than one is owned.
Q. Information from the Better Business Bureau, Consumer Affairs and
similar sources can also be utilized for qualification purposes.
R. 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.
S. Each towing contractor must be able to demonstrate to the Township
that it is thoroughly qualified and experienced in the towing and
removal of vehicles of all types, and that it has adequate facilities,
equipment, expertise, licensing, and personnel to perform the services
required by these specifications in a manner satisfactory to the Police
Department.
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:
A. 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
B. 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.