As used in this chapter, the following terms shall have the
meanings indicated:
AUTOMOBILE
A private passenger motor vehicle or any vehicle included
in the definition of automobile under N.J.A.C. 11:3-22.2.
BASIC TOWING SERVICE
The removal and transportation of an automobile from a highway,
street or other public or private road, or a parking area, or from
a storage facility, and other services normally incident thereto,
but does not include recovery of an automobile from a position beyond
the right-of-way or berm, or from being impaled upon any other object
within the right-of-way or berm.
MOTOR VEHICLE
Includes all vehicles propelled otherwise than by muscular
power, but shall exclude motorcycles and such vehicles as run only
upon rails or tracks.
TOW OPERATOR
A person engaged in the business of towing and storing automobiles
and other motor vehicles, or offering the services of a tow vehicle
or tow truck and storage services.
TOW TRUCK
Those vehicles equipped with a boom or booms, winches, slings,
tilt beds, wheel lifts or under-reach equipment specifically designed
by their manufacturer for the removal or transport of motor vehicles,
including flatbed vehicles, employed for the purpose of towing, transporting,
conveying and/or removing motor vehicles which are unable to be operated
under their own power from one place to another for which a charge
or fee is extracted.
The following minimum standards must be met for each class of
towers:
A. Light-duty. A light-duty tower shall be able to handle all makes
of passenger cars and small trucks up to one ton, such as pickup and
small panel trucks. The garage from which a light-duty tower originates
must be equipped with a portable car dolly. Each light-duty tower
shall be equipped with the following:
(1) Dual rear wheel or equivalent.
(2) Power-take-off controlled winch with a minimum cable thickness of
3/8 inch or equivalent.
(3) Comparable weight equal to the vehicles to be towed, with a minimum
of 10,000 pounds.
(4) A three-eighths-inch safety chain. The lift chain and safety chains
shall not be attached in any form or manner to the same part of the
wrecker.
(5) Two double-faced rear flashing amber lights mounted high enough to
be seen over the towed vehicle.
(6) A three-hundred-sixty-degree rotating amber beacon light mounted
over the cab.
(7) All lights shall be of such candle power and intensity as to be visible
1/4 of a mile away or shall be equal to the candle power of the lights
on Township police vehicles.
(8) Tower shall own at least two flatbed trucks and one conventional
wrecker for the removal of vehicles from roadways. A flatbed truck
will be used when, in the opinion of the tower and the police officer
on the scene, to tow the vehicle by conventional means would result
in further damage.
B. Heavy-duty. All towers classified as heavy-duty shall be equipped
with the following:
(2) Manufacturer rating: gross vehicle weight of 32,000 pounds. Manufacturer
rating may be obtained from the factory where the truck originates.
Other written evidence of gross vehicle weight may be accepted by
the Township if verified.
(3) Power-take-off controlled winch with a minimum cable thickness of
5/8 inch.
(4) Two double-faced rear flashing amber lights mounted high enough to
be seen over the towed vehicle.
(5) All lights shall be of such candle power and intensity as to be visible
1/4 of a mile away or shall be equal to the candle power of the lights
of a Township police vehicle.
(6) A one-half-inch safety chain. The lift chain and safety chain shall
not be attached in any form or manner to the same part of the wrecker.
(8) Connecting air lines for connection with the compressor and air brake
lines of the towed vehicles.
(9) Detachable amber flashing lights attached to the rear of the towed
vehicle.
(10)
Two-speed rear axle and differential or dual transmission, five-speed
transmission or automatic transmission.
C. In order to be qualified for application approval, the tower must
have at least the following number of trucks:
(1) Light-duty towing, one truck and one flatbed.
(2) Heavy-duty towing, one truck.
Any person aggrieved by the action of the Chief of Police in
denial of an application, suspension from the Township on-call towing
list, or suspension of tow operator's license, may appeal to
the Township Committee by filing with the Office of the Clerk, within
14 days after notice of the action complained of has been mailed to
such person's last known address, a written request for a hearing,
setting forth fully the grounds for the appeal. The Committee will
set a time and place for a hearing on such appeal, and notice shall
be served on or mailed to the applicant or licensee at least five
days prior to the hearing.
Upon receipt of notice by the Clerk that an application has
been approved and classified and upon the payment of the license fee
designated herein, the Township Clerk shall issue a Township of Mansfield
tow operator's license, designated "light-duty" or "heavy-duty"
or both.
Fees and rates for towing and storage of motor vehicles shall
not exceed the following limits:
A. Light-duty day rate (8:00 p.m. to 5:59 p.m.): $85 to $125 per towing
vehicle dispatched, plus any fees for additional services performed
and mileage ($4 per mile) from the scene.
B. Light-duty night rate (6:00 p.m. to 8:00 a.m.): $100 to $175, plus
any fees for additional services performed from the scene and mileage
($4.50 per mile). The night rate shall apply on Sundays and legal
holidays in the State of New Jersey.
C. Medium towing. For motor vehicles with gross weight between 10,000
pounds and 26,000 pounds: $175 to $250 per hour with a minimum of
one hour per towing vehicle dispatched, regardless of the time of
day and mileage ($5 per mile).
D. Heavy-duty towing. For motor vehicles with a gross weight over 26,000
pounds which can be moved with a conventional wrecker, $350 to $500
per hour and mileage ($6 per mile). Minimum one hour per towing vehicle
dispatched, regardless of the time of day.
E. For motor vehicles with a gross weight over 26,000 pounds where under-reach
towing is required, $450 to $600 per hour and mileage ($6 per mile).
Minimum one hour per towing vehicle dispatched, regardless of the
time of day.
F. No mileage shall be charged if the vehicle is towed to the tow operator's
storage facility or to any location requested by the owner that is
located within the Township of Mansfield.
G. Mileage may be charged should the owner request that the vehicle
be towed to another location outside the Township of Mansfield, but
the operator must first obtain the owner's approval of the operator's
applicable mileage rate. No person shall be liable to any tow operator
for any mileage fee in excess of the operator's fee schedule.
H. Rates for road service shall not exceed the following:
(1) Motor vehicles with a gross vehicle weight of less than 10,000 pounds:
$75 to $125 per hour day rate and $125 to $150 per hour night rate,
with one hour minimum charge, plus costs of any materials used, including
but not limited to, gasoline.
(2) Motor vehicles with gross vehicle weight greater than 10,000 pounds:
$100 to $125 per hour day rate and $125 to $175 per hour night rate,
with one hour minimum charge, plus costs of any materials used, including
but not limited to gasoline.
I. Storage fees shall not exceed $30 per day, or any part thereof, for
outside unsecured storage of motor vehicles under 22 feet in length
and shall not exceed $75 per day, or any part thereof, per unit, for
all other motor vehicles.
J. Storage fees shall not exceed $35 per day, or any part thereof, for
outside secured storage of motor vehicles under 22 feet in length
and shall not exceed $85 per day, or any part thereof, per unit, for
all other motor vehicles.
K. Storage fees shall not exceed $40 per day, or any part thereof, for
inside secured storage of motor vehicles under 22 feet in length and
shall not exceed $100 per day, or any part thereof, per unit, for
all other motor vehicles.
L. Sixty-five dollars to $75 for extra help if needed per hour and any
additional equipment necessary to clear roadway of debris is extra
charge. All rates are subject to weather conditions. Winching and
recovery charges are subject to conditions pertaining to accident
scene and weather conditions.
M. Prior to hookup or flat-bedding of a motor vehicle, the tow operator
shall present a copy of its fee schedule to the owner or operator
of the vehicle. The fee schedule shall also contain the name, address
and telephone number of the tow operator and a statement of the hours
when the motor vehicle may be claimed.
N. Operators licensed by the Township may petition the Township Committee
for changes in the fee limits established herein based upon inflation,
reasonableness and economic need.
The Chief of Police shall promulgate such rules, regulations
and procedures, not inconsistent with this chapter, as may be reasonable
and necessary to carry out the provisions of this chapter. Copies
thereof shall be provided to all approved tow operators and shall
be made available to the public, along with copies of current fee
schedules, during normal business hours. Failure to comply with applicable
rules, regulations and procedures may be cause for revocation of a
tow operator's approval.
The Chief of Police is hereby designated to enforce the provisions
of this chapter and any applicable rules and regulations.
Within 10 days of notice of approval of the license, the applicant
shall pay the following fees to the Township:
A. The fee for a license, for each light-duty operation only, shall
be $100 per year.
B. The fee for a license, for a heavy-duty operation only, shall be
$100 per year.
C. The fee for a license, for a combination light-duty and heavy-duty
operation, shall be $150 per year.