By Lea Kahn, Staff Writer
Responding to tow truck drivers’ concerns, Township Council tabled a proposed ordinance that provides for the licensing and regulations of tow truck companies operating in Lawrence Township at its meeting last week.
Two tow truck company operators objected to a provision that requires them to include a flatbed truck with a 21-foot-long bed in their fleet for cars or trucks that cannot be towed. They also questioned a provision that would create a rotating list of tow truck companies.
Municipal Attorney David Roskos will look into the tow truck operators’ objections and make his recommendations at Township Council’s Sept. 2 meeting. He said that the 21-foot-long flatbed requirement "is not something we delved into" when preparing the ordinance.
James Magee, who operates Hamilton Auto Body and whose company has towed vehicles for Lawrence Township for about 25 years, objected to the requirement that at least one of the tow trucks would have a 21-foot bed. He does not have a tow truck that meets that standard.
Al Mattera, of Al’s Service Center on Lawrence Road, also questioned the need for a 21-foot-long flatbed truck. He said he has been towing cars and trucks for Lawrence Township since 1981. He said he would have to buy a new truck to meet the requirement in the ordinance.
Municipal Manager Richard Krawczun explained that a 21-foot-long bed on a flatbed truck is necessary so large vehicles, such as sport utility vehicles, could be loaded onto the flatbed truck. He also acknowledged that not every tow truck company was going to be pleased with the proposed ordinance.
Mr. Magee and Mr. Mattera replied that they have always been able to tow vehicles. Mr. Magee said cars and trucks have been shrinking in size because of the cost of gasoline. Mr. Mattera added that any car or truck can be towed with a tow truck.
"I have never left a car behind — a sport utility vehicle or whatever," Mr. Mattera said.
Mr. Mattera also objected to the rotating list of tow truck companies. The Police Department would go down the list of tow truck companies. If a tow truck company does not respond, the police could call on the next company on the list.
Mr. Krawczun said that putting together a list of tow truck companies on a rotating basis — not a weekly basis — means that if there are three different motor vehicle accidents that require a tow truck company, three different companies could respond.
Mr. Krawczun explained that the new ordinance is needed because the current one is not in compliance with state law. There have been many changes in the state law aimed at consumer protection, he said.
Among the highlights of the proposed ordinance is the requirement that all applicants undergo a criminal background check. They must have at least five years of experience, Mr. Krawczun said, and they must be willing to tow on a 24-hour, seven-day-per-week basis.
"Light duty" and "heavy duty" tow truck drivers must obtain certification from a nationally recognized organization, such as the Towing and Recovery Association of America, Wreck Master or the Garden State Tow Man’s Association, according to the ordinance.
Tow truck companies also must have at least one light-duty tow truck and a flatbed wrecker for cars that cannot be towed. A tow truck company must have a heavy duty wrecker, as well, if it wants to engage in heavy duty towing assignments.
The ordinance also sets out fees for towing and storage services. The fee charged by a tow truck company may not deviate from the fees set out in the ordinance. There is no fee, however, if the vehicle that is being towed belongs to Lawrence Township.
For daytime towing operations — which is 8 a.m. to 5 p.m. — the basic tow fee for light duty towing may not exceed $125, and $150 for recovery if the vehicle is overturned or beyond the right-of-way. At night, on weekends or holidays, it may not exceed $150 for towing and $200 for recovery. It is a flat rate.
The fees increase for medium duty and heavy duty towing assignments.
Storage fees also are set by the ordinance at a maximum of $35 per day for outdoor storage of a vehicle, and $50 per day if it is stored indoors. The maximum fee for medium duty storage outdoors is $75 per day, and $100 for indoor storage.
Tow truck companies must have business office that is open between 8 a.m. and 6 p.m. at least five days per week, excluding holidays.
The company must provide for after-hours release of a vehicle, and may charge a "release fee" for releasing vehicles to their owners after normal business hours or on weekends. That fee may not exceed $100.
