Township of Springfield, NJ Motor Vehicle Towing and Storage

Chapter 128 Motor Vehicle Towing and Storage

[HISTORY: Adopted by the Township Council of the Township of Springfield 9-13-2023 by Ord. No. 2023-05.[1] Amendments noted where applicable.]

[1]

Editor's Note: This ordinance also repealed former Ch. 128, Motor Vehicle Towing and Storage, adopted 12-13-2006 by Ord. No. 2006-16, as amended.

§ 128-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BASIC TOWING SERVICE

The removal and transportation of a vehicle from a highway, street or other public or private road or a parking area or from a storage facility and any other services normally incident thereto, but does not include recovery service.

CHIEF OF POLICE

The Chief of Police of the Springfield Township Police Department or the Chief's designee.

HEAVY-DUTY VEHICLE

Any truck, omnibus or other vehicle 20,000 pounds or greater, or any over-height or over-width vehicle.

LIGHT-DUTY VEHICLE

Any passenger automobile, station wagon, pickup truck or panel truck up to 8,000 pounds, or any motor scooter, motorcycle, or all-terrain vehicle.

MEDIUM-DUTY VEHICLE

Any truck, omnibus or other vehicle from 8,001 to 26,000 pounds.

OWNER

Any person, firm or corporation who owns and/or operates a vehicle on the roads and highways within the Township of Springfield, which vehicle by reason of being disabled or being unlawfully upon said roads requires towing services.

PERSONAL PROPERTY

Any item that is not directly affixed to a vehicle.

POLICE IMPOUND

Motor vehicles which are towed at the direction of the Police Department because they have been stolen, involved in a criminal or motor vehicle offense requiring investigation, are unregistered, uninsured, operated by unlicensed drivers, or when required by law (including driving while intoxicated), or which have been involved in fatal accidents or accidents which, in the judgment of the police, may become fatal, shall be considered police impounds. Such vehicles shall be covered by a tarp or stored indoors when requested by police. Police impounds shall be towed to either the towing operator's storage area or a location designated by the police. Police impounds shall not be released, entered or photographed without prior police approval.

RECOVERY SERVICE

Any operation which requires the 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 by several actions, which may include but not be limited to winching and rigging. A recovery shall be when a towing operator applies his/her knowledge in a skillful manner to preserve the condition of the motor vehicle while moving the damaged vehicle to a towable position.

SERVICE CALL

A call to a wrecker operator to perform minor service or repair to a vehicle, including, but not limited to, changing of rims/tires, fuel service, jump starts, etc.

TOWING OPERATOR

A person, firm or corporation engaged in the business of providing wrecker services and storage services for vehicles towed, which services are made available to the general public upon such rates, charges and fees as determined by said person, firm or corporation.

TRANSMISSION SERVICE

The combined operation of removing and then replacing a transmission locking pin, when such operation is necessary before a vehicle can be moved.

VEHICLE REMOVAL CHARGE

The charge for a motor vehicle that is not movable and has been towed into the storage facility of the primary owner and must be towed out of the primary tower's storage facility to a public street for towing by the secondary tower.

WAITING TIME

Any additional time a tow operator spends at the scene other than the time required for the actual tow and/or recovery. Examples of waiting time may include but are not limited to emergency medical services which must be performed and/or police investigations.

WINCHING

The process of moving a motor vehicle by the use of the cable from a position that is not accessible for direct hookup by conventional means for loading onto a tow vehicle. Winching shall not include pulling a vehicle onto a tilt bed or carrier nor lifting a motor vehicle with a conventional sling.

WRECKER

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 are unable to be operated under their own power, for which a service charge or fee is exacted.

§ 128-2 Establishment of list.

The Chief of Police shall establish three-year lists of persons or firms who the Springfield Police Department shall utilize to provide towing and wrecking services for abandoned or wrecked vehicles. The Township shall maintain two lists: one list for light-duty vehicles. This list shall be comprised of a maximum of five towing operators. The second list shall be maintained for medium- and heavy-duty vehicles. This list shall be comprised of a maximum of three towing operators. In establishing the lists, the Chief of Police shall give first preference to those persons or firms who are presently utilized by the Police Department for this service. All other operators shall be given preference based upon the date the Chief of Police receives and determines that the application is a complete and accurate application filed by them, which application is more fully described herein. The Chief of Police shall also establish and maintain a waiting list for operators in the event the number of authorized operators exceeds five and three, respectively. The placement on the waiting list(s) shall be based on the date the application is deemed complete. The waiting list shall expire concurrently with the expiration of towing licenses.

§ 128-3 Application for license.

An application for a license as a proprietor of a towing or wrecking business to be placed upon the lists to be utilized by the Police Department shall be made by the person or firm engaged in operating a wrecker or wreckers. The application may be submitted beginning October 1 of the October prior to the start of the three-year term. Applications shall be made, on forms furnished by the Police Department, and specifically report the following facts:

The full name and address of the applicant. If the application is made for a corporation, it shall state the names and addresses of the officers and directors thereof, its registered office and its resident agent.

The year, make and type of each wrecker used in said business, its serial number, registration number and registered owner.

The address where the wrecker or wreckers shall be regularly garaged, the telephone numbers available on a twenty-four-hour-per-day basis and the names of all operators, their addresses and their New Jersey driver's license numbers. All newly hired drivers shall have their addresses and license and New Jersey driver's license numbers reported to the Police Department within 10 days of their hire. At vendor's own expense, vendor shall supply driver history for all employees that will be performing services. Said abstracts shall not be more than 120 days old at the time presented.

All applicants, wrecker operators, and agents of applicants, as well as all officers and directors if a corporation, must submit to a criminal history check upon the initial application and each inspection cycle thereafter. Each wrecker operator, applicant, agent, officer or director shall not have received a criminal conviction within the last seven years for any indictable offense or any offense involving theft, fraud, embezzlement, receiving or trafficking in stolen property, or any other offense of a similar nature. Each wrecker operator, agent, officer or employee of the applicant must notify the applicant/his or her employer upon any conviction of the above-mentioned offenses or any other offense of a similar nature. Upon notification, the applicant shall notify the Springfield Township Police Department immediately. Said criminal history shall not be more than 120 days old at the time presented.

Insurance required. All towing operators shall maintain and produce proof of the following minimum insurance coverage with their application:

(1)

Workers' compensation insurance for all employees.

(2)

Liability insurance for the wrecker in the policy limits of no less than $1,000,000 for garage keeper's liability and $1,000,000 per accident for legal liability.

(3)

Theft insurance on stored vehicles.

(4)

On-hook insurance coverage.

(5)

Cargo insurance coverage.

(6)

The certificate of insurance shall be issued by a company certified to do business in New Jersey, and each policy so required must contain an endorsement providing for thirty-day notice to the Township in the event of any material changes in the policy of cancellation thereof.

(7)

In addition thereto, the towing operator shall provide an indemnification and hold harmless agreement in accordance with the Township of Springfield's terms and conditions.

No towing operator shall be directly involved with another applicant. Examples of direct involvement include the sharing of business licenses, tow trucks or equipment, storage or office space, or employees.

Applicants currently on the approved towing list on the effective date of this chapter may continue to operate under any existing agreement for the sharing of storage space, provided that the entity providing storage space under such agreement meets the minimum storage requirements specified in Subsection I of this section with respect to each towing operator utilizing such space. However, any change in owner, principal, or business location of a towing operator operating with such agreement shall terminate this exception.

The office, workshop and storage areas of the applicant must be located in zones where such use is permitted. Permanent restroom facilities shall be available for the use of patrons at the vendor's storage location. Restroom, office, and waiting areas shall be maintained in a clean and presentable condition. Towing operators shall comply with all applicable provisions of the Americans with Disabilities Act.[1] Vendors currently on the approved towing list who do not meet this requirement on the effective date of this chapter must comply by July 1, 2024.

[1]

Editor's Note: See 42 U.S.C.A. § 12101 et seq.

Storage location. The vehicles must be towed to a location containing a minimum storage area of at least 2,500 square feet. The applicant shall submit, as part of the application process, proof that he owns or can lease the aforementioned minimum storage area. For the convenience of the public and for investigative purposes, the storage area must be located within a six-mile radius of the Township of Springfield's boundary lines. If the tower has an option to lease the required storage area, he shall submit with his application a copy of the option agreement containing the legal description, together with a copy of the survey of the land. The lease shall extend to at least six months after the termination of the contract. The surveys as required herein shall have set forth thereon a certification by the surveyor to the Township as to the square footage within the storage area as surveyed. The storage area shall meet the following requirements:

(1)

The land used for the storage of vehicles shall be zoned for each such use and shall meet all applicable municipal codes. In addition, it shall be in an area reasonably accessible to the public so that stored automobiles may be claimed.

(2)

No towed vehicle may be parked upon the public street, and it shall be stored by the tower within the storage area as hereinafter defined.

(3)

The storage area must be accessible 24 hours per day by the police.

(4)

The storage area shall accept all types of cars and trucks and shall be able to hold at least 25 vehicles of any type.

(5)

The entire land shall be enclosed by a fence of sturdy construction of at least six feet in height and shall be secured with lighting.

(6)

All the land proposed to be utilized by the tower for storage shall be level and clear of all debris and must be clearly marked.

(7)

The storage area shall be used for the storage of vehicles awaiting a claimant or an auction sale only. The land shall not be used for the storage of vehicles owned by the tower, even if the tower purchases the same at an auction held on the premises. Any vehicles purchased by the tower at an auction shall be removed from the site of the auction within the time specified in the advertisement.

(8)

The tower shall be responsible for each vehicle in his area until final disposition and removal as ordered by the Township. All vehicles, regardless of condition, shall be stored singly and so arranged to permit inspection and subsequent removal. Adequate walkway inspection space shall be provided at all times.

Each wrecker must meet all of the requirements of Title 39, Motor Vehicles Law,[2] including, but not limited to, proper registration and inspection. Dealer registration (D) plates will not be permitted, and each vehicle must have displayed thereon the name and place of the owner in three-inch letters.

[2]

Editor's Note: See N.J.S.A. 39:1-1.

Each wrecker, when on duty, will be responsible for changing tires on police vehicles at any time when required to do so. Said wrecker is to have in his possession, when on duty, a number of police tires supplied by the Township and is required to pick up said tires from the outgoing duty wrecker at the time his tour of duty commences. The wrecker may charge the Township a fee of $25 for service.

Each light-duty wrecker operator must have the following equipment:

(1)

Two wreckers, at least one of which must be a flatbed chassis.

(2)

For a conventional wrecker, minimum 14,500 pounds GVWR commercially manufactured conventional boom lift wrecker and chassis, with a 3,000 pounds minimum wheel lift capacity, 8,000 pounds winch capacity, and 8,000 pounds hydraulic boom capacity, with 100 feet of three-eighths-inch cable, and the following equipment:

(a)

One large broom and shovel.

(b)

Steering wheel lock or other types of commonly used devices for towing vehicles from the rear.

(c)

Tow-sling-type tow bar to prevent any part of crane metal from touching the towed vehicle.

(d)

Emergency warning lights with a permit.

(e)

Portable safety lights to be installed on the rear of the towed vehicle, if necessary.

(f)

Safety flares or safety triangles.

(g)

Minimum of 25 pounds of Speedy Dry or other suitable absorbent for oil and gasoline spills.

(h)

Fire extinguisher (ABC type).

(i)

Snatch block of a size appropriate to the winch cabling of the wrecker, four-ton minimum.

(j)

Toolbox with assorted hand tools.

(k)

DOT-approved traffic safety vest.

(l)

Appropriate and adequate chains as circumstances dictate.

(m)

Wheel lift safety straps or equivalent wheel retention device.

(n)

Trailer ball hitch attachments.

(o)

Motorcycle towing equipment.

(p)

Flashlight.

(q)

Two-way radio or cellular telephone.

(r)

Jumper cables or jump box device.

(s)

Gasoline can.

(t)

Lug wrench.

(u)

Assortment of wood blocks and boards.

(3)

For a flatbed chassis, all of the equipment noted above, a minimum 14,500 pounds GVWR commercially manufactured flatbed and chassis with a seventeen-foot or longer hydraulically operated slide-back or tilt bed, minimum 3,000 pounds wheel lift capacity, 8,000 pounds winch capacity, 50 feet of three-eighths-inch cable, and the following:

(a)

Appropriate and adequate chains as circumstances dictate.

(b)

One high-test bridle chain with "J," "T," and grab hooks.

Each heavy-duty wrecker operator must have the following equipment:

(1)

Two 33,000 pounds GVWR minimum commercially manufactured hydraulic wreckers and chassis with underreach capability.

(2)

Oshkosh- or Sterling-type crane may be substituted for one hydraulic boom wrecker.

(3)

At least one truck shall have an axle lift with 25,000 pounds minimum lift capacity and 80,000 pounds tow capacity.

(4)

Each wrecker must have 50,000 pounds minimum winch capacity.

(5)

Each wrecker must have 50,000 pounds minimum boom capacity.

(6)

Air brakes.

(7)

Air transfer system for controlling brakes of the towed vehicle.

(8)

Five-eighths-inch by 200-foot cable or OEM specifications.

(9)

Appropriate and adequate chains as circumstances dictate.

(10)

Four tie-down chains, 5/16 inch by 10 feet, and four chain binders.

(11)

Recovery straps, six inches by 20 feet or longer.

(12)

Axle lift safety straps or equivalent retention device.

(13)

Two Scotch blocks or recovery stiff legs mounted into the body of the truck.

(14)

Two twelve-ton snatch blocks per winch.

(15)

Amber emergency lights with a permit.

(16)

Two flood or work lights to the rear of the wrecker.

(17)

Two-way radio or cellular phone.

(18)

Assortment of wood blocks and boards.

Assortment of tools.

Flashlight.

Angle iron.

Tow light bar or magnetic tow lights.

(23)

T-bolts/maxi release pins.

(24)

Hydraulic bottle jack.

(25)

DOT-approved traffic safety vest.

(26)

Minimum of 25 pounds of Speedy Dry or other suitable absorbent for oil and gasoline spills.

(27)

Fire extinguisher (ABC type).

(28)

Large broom and shovel.

(29)

Safety flares, triangles or road cones.

(30)

Additional equipment, either owned or subcontracted:

(a)

One air cushion recovery system, including starter cushions, with motor driven air pump, with a lifting capacity of 100,000 pounds.

(b)

One semi-tractor with a fifth wheel.

(c)

One lowboy or Landoll-type equipment hauling trailer with minimum hauling capacity of 40,000 pounds.

(d)

One relief trailer or truck capable of transferring loads off damaged trucks.

The Township Clerk shall refer the application to the Police Department for a check of all equipment, personnel and facilities of the applicant to determine the ability of the applicant to perform the business herein regulated.

After the application has been submitted and been reviewed, it shall be forwarded to the Chief of Police for approval or disapproval by the Chief.

§ 128-4 Maintenance of records.

The Chief of Police shall see that a record is maintained containing the names, addresses and twenty-four-hour telephone numbers of all licensed wreckers and a record of the types of wreckers available to meet the specific need of the emergency. The Chief of Police shall also see that a record is maintained of the regular response of wreckers to police calls and any and all complaints from vehicle owners as to improper service or charges. Any complaints as to the towing and/or storage charges shall be referred to the Chief of Police, who shall attempt to resolve same and shall report same to the Division of Consumer Affairs.

§ 128-5 Maintenance of revolving list.

The Chief of Police shall maintain a revolving list of licensed light-duty wreckers, and a weekly revolving list of licensed medium/heavy-duty wreckers, to provide service where needed and shall instruct all duty and investigating officers to utilize said list. Nothing herein shall be construed to prevent the Police Department from contacting towing operators out of order from the list, for safety reasons or the existence of special circumstances, upon approval of the Chief of Police or the on-duty supervisor if the Chief is unavailable.

§ 128-6 Towing fees.

Every operator of a towing service shall give the owner a written estimate of costs and a written receipt when paid. A schedule of the towing regulations and fees provided to each applicant by the Police Department shall be conspicuously posted at the applicant's places of business and available during normal business hours for inspection by the public. Towing fees and charges shall be as follows:

For towing any disabled passenger automobile, station wagon, pickup truck or panel truck up to 15,000 pounds from any point within 10 miles of the limits of the Township to any point within 10 miles of the limits of the Township between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, a fee of $150, plus $6 per mile.

For towing any disabled passenger automobile, station wagon, pickup truck or panel truck up to 8,000 pounds from any point within 10 miles of the limits of the Township to any point within 10 miles of the limits of the Township between the hours of 6:00 p.m. and 6:00 a.m., or at any time of the day or night Saturday, Sunday or state holidays, a fee of $175, plus $6 per mile.

For towing any disabled truck or any omnibus from 8,001 pounds through 26,000 pounds, or any motor scooter, motorcycle, or all-terrain vehicle from any point within 10 miles of the limits of the Township to any point within 10 miles of the limits of the Township between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, a fee of $200, plus $6 per mile.

For towing any disabled motor scooter, motorcycle, or all-terrain vehicle, or any truck or any omnibus from 8,001 pounds through 26,000 pounds from any point within 10 miles of the limits of the Township to any point within 10 miles of the limits of the Township between the hours of 6:00 p.m. and 6:00 a.m., or at any time of the day or night Saturday, Sunday or state holidays, a fee of $225, plus $6 per mile.

For towing any truck or any omnibus from 26,001 pounds or greater from any point within 10 miles of the limits of the Township to any point within 10 miles of the limits of the Township at any time, a fee of $500 per hour.

For towing any vehicle from or to a location outside of 10 miles of the limits of the Township, the basic towing fee as delineated above, plus $6 per mile (one way).

§ 128-7 Recovery service fees and charges.

Recovery and winch use fees may be charged for recovery/winching of vehicles from beyond the right-of-way or berm or from being impaled beyond the right-of-way or berm at $175 per half hour for light- and medium-duty vehicles and $300 per half hour for heavy-duty vehicles.

§ 128-8 Other basic fees and charges.

Basic fees and charges shall be as follows:

Outside storage rates shall be $45 per day for light- and medium-duty vehicles, and $55 per day for heavy-duty vehicles, rounded to the nearest half day.

Inside storage rates, when requested by the Police Department or the owner of the vehicle, shall be $55 per day for light- and medium-duty vehicles, and $90 per day for heavy-duty vehicles, rounded to the nearest half day.

Cleanup/absorbent charge, a flat fee of $35, plus $25 per forty-pound bag of absorbent used.

The vehicle removal charge, as defined herein, shall be $125.

Waiting time, as defined herein, shall be $60 per hour, to be charged in fifteen-minute increments, with times less than 15 minutes rounded up to the nearest fifteen-minute increment.

Fee for towing of vehicle without ignition key or for transmission service shall be $50.

Fee for removal of vehicle driveshaft when required or when requested by vehicle owner or operator shall be $75.

Fee for collision wrap or tarp covering of vehicle when required for protection of the vehicle from the elements or when requested by the Police Department, vehicle owner, or other authorized party shall be $90.

Fees for a service calls, when requested by a motorist, shall be $100 per hour, plus the cost of parts or fuel, between the hours of 8:00 a.m. and 6:00 p.m. on weekdays, and $100 per hour, plus the cost of parts or fuel, at all other times, including holidays.

Every operator of a towing service shall give the owner a written estimate of costs and a written receipt when paid. A schedule of the towing regulations and fees shall be posted during normal business hours and shall be available for inspection by the public.

Fees for storage of vehicles stored at the Springfield Police Department shall be paid to the Township in accordance with the rates listed in Subsections A and B as it pertains to inside and outside storage rates.

§ 128-9 Cruising; soliciting employment.

The practice of cruising with a wrecker or tow truck is forbidden. The Police Department may impound any wrecker or tow truck engaged in cruising for the purpose of identifying the owner and conducting any safety inspections as may be required. Furthermore, no person shall pay any emolument to any third person not involved in the accident or to any police officer for information as to the location of any accident or soliciting the employment of the licensee's service, nor give any gratuities, fees or other compensation or gifts to any members of the Police Department.

§ 128-10 Wrecker license.

Applications must be submitted along with the appropriate licensing fees on a three-year basis. The wrecker license issued by the Chief of Police is nontransferable and shall run from January 1 of the calendar year to December 31 of the third calendar year. Applications for the new term will be accepted after October 1 in the year prior to the renewal year.

No person or corporation shall be placed on the authorized lists as set forth in § 128-2 of this chapter, or operate a wrecker within the Township of Springfield pursuant to this chapter, without first obtaining a license from the Chief of Police. The fees for such licenses shall be as follows:

(1)

Application fee: nonrefundable $150.

(2)

Light-duty wrecker license fee: $1,000.

(3)

Medium- and heavy-duty wrecker license fee: $1,500.

Prior to issuance of a license, each wrecker and storage facility will be inspected by the Police Department to ensure that all equipment and safety standards and all rules and regulations have been complied with. Any licensee not in full compliance at the time of the first inspection will not be permitted to tow until a second or subsequent inspection, as conducted by the Police Department, indicates said licensee is in full compliance with all rules and regulations. Thereafter, inspections of each wrecker and storage facility will be conducted every three years by the Police Department to ensure that all equipment and safety standards, as well as rules and regulations, have been complied with. If an applicant acquires a new tow vehicle, makes changes to an existing facility, or relocates, an inspection of that equipment or facility would be required at that time and, in the case of a vehicle, prior to usage. The applicant must notify the Police Department immediately of any of the above-mentioned changes in equipment or facilities.

§ 128-11 Rules and regulations.

The Chief of Police is hereby authorized and empowered to establish reasonable rules and regulations governing the inspection and operation of wreckers.

The Chief of Police and the officers of the Traffic Services Unit shall have the power to suspend or revoke a wrecker license for violations of safety standards or rules and regulations of operation. The following shall serve as a guide in imposing penalties for violations of this chapter:

(1)

First offense: suspension of license for one tour of duty (one week).

(2)

Second offense: suspension of license for two tours of duty (two weeks).

(3)

Third offense: revocation of license.

The Chief of Police shall maintain proper records of licenses issued and inspections made and shall also require all licensees to keep proper business records as to date towed, locations towed to and from, person(s) authorizing the tow and the year, make and vehicle identification number of vehicle being towed and to have them available for inspection by the Police Department.

§ 128-12 Responsibilities of licensee.

By making application to be utilized as a tower or wrecker by the Police Department and by accepting such position, the person or firm agrees to the following:

Answer each phone call from the Police Department and provide a prompt and safe response to the respective scene within 30 minutes of notification, along with adequate and proper tow-related equipment as requested by dispatch.

All debris shall be placed in proper receptacles, and no debris shall be placed inside of any of the vehicles being towed unless specifically approved by the investigating officer on the scene.

(Reserved)

Maintain a record, in a bound volume or appropriate digital format, of all towing and wrecking jobs handled, the name of the owner or operator involved, the charge made for the service, the date and an amount of payment.

The vendor or his agent must be available to surrender property or to release towed vehicles between the hours of 8:00 a.m. and 6:00 p.m. on weekdays and 9:00 a.m. and 12:00 noon on Saturday. Under no circumstances will the vendor be unavailable to release vehicles or property due to holidays or for any other reason for more than two consecutive calendar days.

The licensee shall be responsible for the release of each vehicle. No vehicle is to be released without police authorization if there is a condition of release noted on the towed vehicle report.

The licensee shall accept at least two major credit cards and shall not charge patrons for their use.

Each wrecker operator shall wear a traffic safety vest when operating at any scene or call for service.

The licensee shall answer service calls in addition to calls for towing.

Comply with all other terms and conditions of this chapter.

§ 128-13 Construal of provisions.

Nothing in this chapter shall be construed so as to prevent any owner or operator of a motor vehicle from calling any tower or wrecker of his own choice. However, if the tower or wrecker designated by the owner or operator of the motor vehicle is not immediately available or cannot respond in a timely manner, the tower or wrecker designated on the revolving list established herein shall be utilized.

§ 128-14 Violations and penalties.

Any person who violates any one or more of the provisions of this chapter shall be subject to a fine of not more than $1,000 for each separate offense and/or confinement in jail for a period of not more than 90 days. In the case of a continuing violation or violations, a fine of not more than $1,000 may be assessed for each day that said violation or violations are not corrected. A separate offense shall be deemed committed on each day or each tow during or on which a violation occurs or continues.