L&J Body & Fender Works from Kenilworth was appointed as an authorized towing company on a monthly rotating basis. As of this month, it is one of three companies that perform towing duties for the municipality – the other two are Sisbarro Towing Recovery and George’s Towing.
The approval to have L&J included in the rotation schedule comes a little over two years after the then-borough clerk Doreen Cali refused to sign a license to the towing company which had already been approved by the governing body at a previous meeting in November of 2015 (link). Ms. Cali stated during the December 17th 2015 municipal meeting, “I cannot in good faith – I took an oath of office to impartially [and] justly perform my duties – due to the prior history with this firm I cannot issue a license for the Borough.”
At that time, with the borough clerk refusing to sign the license, the governing body discussed the matter and ended up voting 5-1 to rescind unanimous passing of the original resolution to approve L&J as a towing company. In 2015, Maro Carl Hokanson stated, “We’ll bring it up at a later date.”
On January 18th of 2018, without any discussion or comment, council unanimously approved L&J Body & Fender Works to provide towing services for a two-year contract. The rates that are to be charged for various towing services, which are under borough code 4-19.4(e) are included below.
e. Price to Patrons.
- Towing charge and mileage charge shall start at the point of disablement. No travel time or mileage charge to the point of disablement will be permitted. All calls for disabled vehicle service originating on or dispatched by the Borough of Roselle Park shall be charged the rates stipulated to by the licensee, with respect to Class I vehicles, or shall adhere to the rates with respect to Class II and Class III vehicles. No licensee shall charge a motorist or any other third party (such as an insurance company or a motor club) an amount in excess of the amount bid with respect to Class I vehicles.
- Pursuant to N.J.S.A. 40:48-2.49, as amended, all licenses shall provide a statement that regulations and fee schedules are available to the general public during normal business house of the Borough.
- Pursuant to this section, a licensee shall post in a conspicuous manner, in the motorist waiting area, a copy of the Roselle Park contract municipal rates as outlined in the Municipal Request for Proposal for Towing and Related Services.
- The licensee shall supply all the information requested on the proposal sheet. In the case of an accident, any additional repair services not specifically listed in this section may be charged pursuant to the agreement of the licensee and the vehicle’s owner or owner’s agent after the vehicle is removed from the scene of the accident.
- The equipment rental rate and all other fees as specified in this section and/or the Maximum Rate Schedule shall include experienced operators for each vehicle and all fuel, repair, insurance and any and all other operating expenses.
- Maximum Rate Schedule.
- In order to protect the motoring public and to ensure reasonable charges and guard against predatory pricing, the Borough has imposed limitations on rates which may be charged for towing and emergency services. Maximum rates will be in effect twenty-four (24) hours a day, seven (7) days a week, including holidays. At no time during the term of this contract may the licensee charge rates to motorists that exceed the maximum rate established by the Borough, nor may the contractor charge rates in excess of those quoted in his proposal; site relation charges; waiting time; administrative fees; or any other service. This provision regarding maximum rates does apply to service provided to other than Class I vehicles (except as set forth herein to the contrary), and to charges for incidental labor and winching provided herein.
- Maximum rates for services to be provided under this section:
- Maximum rates on towing cars and campers up to a registered maximum gross weight of six thousand nine hundred ninety-nine (6,999) pounds (cars and other Class I vehicles), are as follows:
- Towing charge: sixty-five ($65.00) dollars.
- Mileage: three ($3.00) dollars per mile or fraction thereof.
- Road service, twenty-four (24) hours per day: thirty ($30.00) dollars.
- Tire change: thirty ($30.00) dollars.
- Fuel, oil and water call: thirty ($30.00) dollars.
- Battery boost: thirty ($30.00) dollars.
- Storage per 24-hour period: thirty ($30.00) dollars.
- Winching: two ($2.00) dollars per foot.
- Labor: fifteen ($15.00) dollars per quarter hour, or any part thereof, when not performing any of the above specified charges.
- Upright rollovers and off-roadway recovery: one hundred ($100.00) dollars per hour.
- Rates on road service for other than cars and other Class I vehicles are as follows:
- Road service, twenty-four (24) hours per day: seventy-five ($75.00) dollars per tow truck required.
- The above average charge shall be in addition to the thirty ($30.00) dollar charge for motor fuel, oil, labor, parts and other material needed for repair, but shall not be in addition to the towing charge, if any.
- The charge of parts and labor shall be in accordance with the current edition of Motor’s Publications or similar industry guides.
- Rates on towing trucks and buses (two-axle) and cars and campers with a registered maximum gross weight from seven thousand (7,000) pounds to fourteen thousand nine hundred ninety-nine (14,999) pounds (Class II vehicles), are as follows:
- Towing charge: one hundred fifty ($150.00) dollars, plus five ($5.00) dollars per mile or fraction thereof, per tow truck required.
- Rates on towing trucks, with or without trailers, and buses (three-axle or more), or other vehicles with a registered maximum gross weight exceeding fourteen thousand nine hundred ninety-nine (14,999) pounds (Class III vehicles), are as follows:
- Towing charge: two hundred fifty ($250.00) dollars, plus five ($5.00) dollars per mile or fraction thereof, per tow truck.
- The charge for use of a land-all trailer (lowboy) is one hundred fifty ($150.00) dollars for the first hour, with an additional seventy-five ($75.00) dollar charge for each additional hour used. In addition, there will be a towing charge of five ($5.00) dollars per mile.
- The charge for the use of a heavy-duty under reach is two hundred fifty ($250.00) dollars per hour, plus five ($5.00) dollars per mile or fraction thereof.
- The mileage charges for a Class I vehicle shall not apply when the operator of the vehicle elects to be towed to a destination beyond thirty (30) miles. In such cases, the mileage charge shall be reasonable and as mutually agreed upon between the operator of the vehicle and the garage. In no case shall the mileage charge exceed four ($4.00) dollars per mile within the State of New Jersey.
- Maximum rates on towing cars and campers up to a registered maximum gross weight of six thousand nine hundred ninety-nine (6,999) pounds (cars and other Class I vehicles), are as follows:
- Charges for Parts, Repairs, Labor and Service.
- By submitting an application for a license, the licensee covenants and agrees that the charges to the motorist for parts, repairs, labor, and service for each vehicle as described in this section shall in no event exceed the rates of reasonably accepted commercial rates for parts. Labor charges for repair shall be comparable to those allowed by Motor’s Publications or similar industry guides.
- Whenever it is determined by the Borough that a charge has been made in excess of the rates listed, the contractor, upon demand by the Borough, will be required to make immediate reimbursement to the motorist. If the contractor disagrees that the amount charged is excessive, then the amount in dispute shall be deposited with the Chief of Police in certified funds pending a form hearing before the Chief of Police or his designated Traffic Officer. The licensee agrees to maintain records of all services performed under this section and to provide a copy of them upon request. The licensee agrees that if the requested documents are not supplied within ten (10) business days, his license shall be subject to suspension for a period of up to two (2) years.