This chapter shall govern the towing and storage
of motor vehicles when the call for such services is initiated by
the Wall Township Police Department and the vehicle owner has not
made other arrangements for towing and storage of a disabled vehicle
or where the towing and storage occurs without the consent of the
owner.
The Police Department shall institute a towing
policy establishing a rotating list of approved and licensed towing
vendors. Such approved and licensed towing vendors are the only vendors
who may be called by the Wall Township Police Department for towing
and storage services for disabled and impounded vehicles in both public
and private places of the Township of Wall. The rotation shall be
determined according to the number of licensed towing vendors and
shall provide for a fair distribution of towing services.
[Amended 11-24-2015 by Ord. No. 18-2015]
A. Applicant standards/requirements.
(1) The vendor agrees that all employees, including the owners or officers
of the company, will be photographed and fingerprinted by an agency
recommended by Wall Township and will be issued an identification
card by the Wall Township Police Department. The identification card
shall be available for inspection by police officers and customers
and renewed every two years. The cost will be the responsibility of
the tow vendor.
(2) All drivers of the vendor shall be at least 18 years of age and shall
possess a current, valid New Jersey driver's license appropriate for
the categories of vehicles that he/she may drive.
(3) The vendor agrees that the owner(s) or officers of the company shall
be responsible, except as otherwise provided by law, for the negligent
acts of their employees while acting pursuant to this chapter.
(4) If for any reason the driver's license or privileges of an employee
of a vendor are suspended or expired, he/she will not be allowed to
operate a wrecker under this chapter, and the vendor shall notify
the Police Department, in writing, as to the reason for and duration
of the suspension or expiration.
(5) The vendor will ensure adequate available personnel to provide necessary
Township wrecker services on a twenty-four-hour basis seven days per
week.
(6) The vendor will furnish copies of driver's licenses and all applicable
certifications of all employees to the Wall Township Police Department
on an annual basis.
(7) The Wall Township Police Department reserves the right to conduct
driver's license and background checks on all vendor employees. This
is to include periodic inspection of company personnel by the Department,
as well as updated reports from the Division of Motor Vehicles.
(8) The vendor agrees to provide the Department with a roster of all
drivers, to include names and home addresses. All new employee information
must be immediately provided to the Wall Township Police Department.
The employees shall not respond to tow requests until approved by
the Police Department.
(9) The vendor shall provide information as to any trade association
memberships pertaining to the vendor and/or employees.
(10) Employees of the vendor shall not claim to represent or be employed
by the Township of Wall.
(11) No operator shall solicit, demand or receive from any person any
commission or fee except the fee for transporting or servicing the
vehicle to be towed, as established by this chapter.
(12) No vendor or his operators shall pay any gratuity or tip to any third
person not involved in the towing or removal of any vehicle for any
information as to the location of any crash or for soliciting the
employment of the vendor's/operator's service.
(13) No vendor shall engage in the conduct of cruising for tows or service
calls within the Township.
(14) Vendor equipment, as outlined herein, must be of the type, condition and design to efficiently perform the work required by the Township as outlined in Subsection
B.
(15) All wreckers shall be equipped with two-way radio capability or cellular
telephone and an established dispatching center on a twenty-four-hour
basis.
(16) The vendor agrees to provide such wrecker services within a reasonable
response time, not to exceed 15 minutes, from time of police request.
(17) Vendors shall be required to clean up all broken glass and debris
from the scene of any crash to which they are called prior to leaving
the scene of said crash.
(18) No subcontracting of towing services shall be permitted. Only licensed
vendors employing approved operators and utilizing inspected and approved
vendor equipment will be permitted.
(19) Switching or trading of rotation assignments by licensed vendors
shall not generally be permitted unless some exigent circumstances
exist which necessitate same. Such circumstances shall be submitted,
in writing, to the Chief of Police for approval prior to any such
activity taking place.
(20) The schedule of fees associated with towing and storage in conjunction
with the rotation program shall be conspicuously displayed in all
vendor facilities for review by customers. Similarly, a schedule of
these fees shall also be placarded on each approved wrecker to be
utilized in conjunction with this rotation program.
(21) Only one vendor may occupy any one principal address for towing services.
(22) In times of emergent circumstances and/or natural disasters, or at
the situational discretion of the Police Supervisor, the Wall Township
Police Department reserves the right to contract other towing service
operators who may not be on the rotation list.
(23)
All tow truck drivers will be required to wear an A.N.S.I Level
II traffic vest or equivalent clothing, at minimum.
B. Applicant equipment requirements. The following vehicles/equipment
are required for consideration to participate in the towing rotation
program:
(2) Two flatbed wreckers; one must have a wheel lift.
(3) Each tow vehicle shall be equipped with three-hundred-sixty-degree
amber lighting.
(4) All lights shall be of such candle power in intensity as to be visible
1/4 of a mile away.
(5) Dual rear wheels or equivalent.
(6) A power take-off controlled winch with a minimum cable thickness
of 3/8 inch or equivalent.
(7) Weight equal to the vehicles to be towed, with a minimum of 5,500
pounds.
(8) 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.
(9) One shovel and one broom for use in removing debris from the roadway.
(10) One twenty-pound dry chemical fire extinguisher.
(11) One five-gallon bucket of sand or absorbent material.
C. Insurance requirements. No wrecker shall be licensed or authorized,
nor shall any licensed wrecker be operated within Wall Township without
first submitting the following insurance policies and/or certificates
of insurance:
(1) An auto garage keeper's legal liability policy covering fire, theft
and explosion in the minimum amount of $120,000 and collision coverage,
subject to a maximum deductible of $500 with each accident deemed
a separate claim.
(2) A liability policy covering the operation of the vendor's equipment
and wrecker for any bodily injury or property damage in the minimum
amount of $750,000, and for any one person killed or injured, $1,000,000
and $3,000,000 for more than one person killed or injured in any one
accident. This policy shall also provide for coverage in the minimum
amount of $100,000 for all damage arising out of or injury to, or
destruction of, property.
(3) Each policy as required must contain an endorsement providing for
10 days' notice to the Township in the event of any material change
or cancellation. If the policy is not maintained according to these
guidelines, the Chief of Police shall have the authority to immediately
suspend the wrecker license and collect any licensing identification.
(4) Licensees shall indemnify and hold the Township of Wall and the Police
Department harmless from any damages or liability which may arise
by reason of the action of the licensee, his agents or employees in
connection with furnishing the services required. Licensees shall
provide proof of workers' compensation insurance for all employees
participating in Township towing services.
In accordance with N.J.S.A. 40:48-2.49, the
Chief of Police is designated as the municipal officer with responsibility
to enforce the provisions of this chapter in accordance with due process
of law. The Chief of Police may, by order, delegate this responsibility
to a subordinate officer within the Police Department.
A copy of this chapter, including all regulations
and fee schedules, shall be made available to the public during normal
business hours of the Township.
As used in this chapter, the following terms
shall have the meanings indicated:
RECOVERY
Recovery can be achieved by several actions which may include,
but are not limited to, winching and rigging. Recovery is when the
tow operator applies his knowledge and equipment in a manner so as
to preserve the condition of the motor vehicle while moving the damaged
vehicle to a towable position. Winching in itself is not recovery.
Recovery occurs when a vehicle has left the roadway and berm and cannot
be reached or removed by conventional means.
ROAD CALLS
May include, but are not limited to, disabled vehicles, vehicles
out of gas, flat tires, etc.
WINCHING
The process of moving a motor vehicle by the use of a cable
from a position that is not accessible for direct hook up by conventional
means for loading onto a tow vehicle. Winching is not pulling a vehicle
into a tilt bed or carrier, nor lifting a motor vehicle with a conventional
tow sling.