Toms River Tow Operators Keep On Truckin’…For Now

Tow truck licenses currently on extension in Toms River might need more time tacked on until the Township Council develops a new ordinance to set operator standards.

The governing body tabled an ordinance after scorching public comment by critics citing a litany of discrepancies. The standards, said Matt Zacaro of APK Towing, are "twice, if not three times as heavy as the last ordinance...from the application fees all the way out to certifications, to CDL drivers, to equipment."

Council members contended that the lengthy ordinance mirrored qualifications set by New Jersey State Police.  Zacaro pointed out that it would require vehicles capable of pulling 70,000 tons - the equivalent of a loaded tractor-trailer lying on its roof - off a road. Once purchased, an operator would have no way of knowing whether it would ever be used.

Business operators said that they'd be glad to meet the requirements if they could find enough specifics. The measure called for drivers to meet nationally-recognized standards. But owners responded that there are at least a dozen categories, and there's no indication which ones apply.

It also set the number of licensed operators at three and placed the selection in the hands of the police chief, which attorney Alan Floria saw as arbitrary. Most surrounding communities keep a higher number of companies in a rotation system.

"If you want to limit the number, then you do bidding," said Floria. "It really is unfair here. If five apply, and there are five in the pipeline - but you're taking only three - on what basis?"

Tow operators also complained about poor communication with township officials, citing Open Public Records Act requests that have gone untended in their preapration to meet whatever guidelines ensue. Zacaro said he isn't even sure whether his yard conforms with zoning anymore.

"I got a letter from the zoning officer telling me that I have to apply for zoning, that I was never approved," he grumbled. "I have a letter back from 2004 where it clearly states that my yard is approved. And it's signed by the same guy."

Earlier this year the Township Council extended the current licenses through early July until the new ordinance could be drafted.

This week's action dictates the research and drafting of a new measure, which must be introduced, then given public comment two weeks later. Depending on the time required to complete these steps, the governing body might be forced to continue the extensions.