Subchapter 31 - TOWING VEHICLES

Section 20-495

Section 20-495

  §  20-495  Definitions. For purposes of this subchapter, the following
terms shall have the following meanings:
  a. "Disabled vehicle" shall mean  any  vehicle  for  which  towing  is
necessary  because  of  a  vehicular  accident  or  for  which towing is
necessary because of the vehicle's inability to proceed  under  its  own
motive power due to reasons other than a vehicular accident.
  b.  "Evidence  vehicle"  shall  mean any vehicle which is suspected of
having been used as a means of committing a crime or employed in aid  or
furtherance  of  a  crime  or  held, used or sold in violation of law or
which may be required to be held or produced as evidence in  a  criminal
investigation or proceeding.
  c. "Person in charge of a vehicle" shall mean the operator or owner of
a  vehicle  or  any  person  designated by the owner to contract for the
towing or repairing of such vehicle.
  d. "Towing" shall mean the driving or other operation of a tow  truck,
or  the  offering  to  transport  a  vehicle by means of a tow truck. An
employee of a repair shop registered pursuant to article twelve-A of the
vehicle  and  traffic  law  that  is  not  subject  to   the   licensing
requirements  of  this  subchapter  shall not be deemed to be engaged in
"towing" when such employee  test-drives  a  tow  truck  that  has  been
repaired  or is to be repaired by such repair shop if (1) such tow truck
is not owned or operated by such repair shop, (2) such tow truck is  not
transporting another vehicle, and (3) such test-drive takes place within
a one mile radius of such repair shop's premises.
  e.  "Tow  truck"  shall  mean a vehicle that is equipped with a crane,
winch, tow bar, push plate, or other device designed to pull or  push  a
vehicle or to raise a vehicle or the front or rear end thereof.
  f.  "Vehicle"  shall  mean  a  motor vehicle as defined in section one
hundred twenty-five of the vehicle and traffic law, a tractor as defined
in section one hundred fifty-one-a of such law or a trailer  as  defined
in section one hundred fifty-six of such law.

Section 20-496

Section 20-496

  §  20-496 License required. a. Except as otherwise provided in section
20-524 of this subchapter, no person  shall  engage  in  towing  without
having first obtained a license for such towing business issued pursuant
to  section 20-498 of this subchapter. Such license shall be referred to
as a license to engage in towing.  No  person  shall  engage  in  towing
without  having  obtained  a  license  plate  for  each tow truck issued
pursuant to section 20-503 of this subchapter.
  b. Except as otherwise provided in section 20-524 of this  subchapter,
no  person shall drive or otherwise operate a tow truck or assist in any
activity for which a license is required under  this  subchapter  unless
such  person  shall  have  first obtained a tow truck operator's license
issued pursuant to section 20-498 of this chapter.
  c. No person who is required to obtain a license under  subdivision  a
of this section shall permit or authorize the driving or other operation
of  a  tow  truck  by a person who does not possess a current, valid tow
truck operator's license or whose tow truck operator's license has  been
suspended   or  revoked  where  such  license  is  required  under  this
subchapter. In any prosecution for violation  of  this  subdivision,  it
shall  not  be  necessary  to prove that such person knew or should have
known that the operator was unlicensed, and there shall be a  rebuttable
presumption  that  such  tow truck was driven or otherwise operated with
the permission or authorization of such person. In any such prosecution,
it shall be an affirmative defense that prior to being  cited  for  such
violation,  such  person  registered  such  tow  truck operator with the
department in accordance with the procedures prescribed by rule  of  the
commissioner and the department did not send notification to such person
that  such  tow  truck  operator  lacked  a  current,  valid  tow  truck
operator's license or that such operator's license had been suspended or
revoked.

Section 20-497

Section 20-497

  § 20-497 Application; fingerprinting; fee; term. a. An application for
any  license  required  under this subchapter or for any renewal thereof
shall be made to the commissioner in such form and manner as he  or  she
shall  prescribe  by regulation. An applicant for any such license shall
be fingerprinted by the department for the purpose of securing  criminal
history  records  from  the state division of criminal justice services.
The applicant shall pay a  processing  fee  as  required  by  the  state
division  of  criminal  justice  services. Where the applicant is a sole
proprietorship, fingerprints shall be taken of the owner thereof.  Where
the  applicant  is  a  partnership,  fingerprints  shall be taken of the
general  partners  thereof.  Where  the  applicant  is  a   corporation,
fingerprints  shall  be taken of the officers, principals, directors and
stockholders owning more than ten percent of the  outstanding  stock  of
the corporation. Any person required to be fingerprinted hereunder shall
furnish  to  the  department  three current passport size photographs of
such person. Notwithstanding the foregoing, the  commissioner  need  not
require  applicants  for  licenses  required under this subchapter to be
fingerprinted if criminal history records concerning such applicants are
not available from the state division of criminal justice services.
  b. There shall be a biennial fee for a license to engage in towing and
for each tow truck in excess of one operated pursuant to  such  license.
Such  fee for a license to engage in towing shall be six hundred dollars
and such fee for each tow truck in excess of one shall  be  six  hundred
dollars.  There  shall  be  a  biennial  fee  for a tow truck operator's
license. The fee for such tow truck operator's license shall  be  twenty
dollars.  In  the  event  of  the loss, mutilation or destruction of any
license issued hereunder, the licensee may file such statement and proof
of facts as the commissioner  shall  require,  with  a  fee  of  fifteen
dollars per license, at the department, and the department shall issue a
duplicate or substitute license.
  c.  All  licenses  issued to a business pursuant to this subchapter to
engage in  towing  and  all  license  plates  issued  pursuant  to  this
subchapter  for  tow  trucks  shall  expire  on April thirtieth, in even
numbered years, and all licenses issued pursuant to this  subchapter  to
tow  truck  drivers  to  operate  tow  trucks  shall  expire  on October
thirty-first, in even years, unless sooner suspended or revoked.

Section 20-498

Section 20-498

  §  20-498  Issuance of license. a. A license to engage in towing shall
be issued only where an applicant meets all the requirements of sections
20-499,  20-500,  20-501,  20-502,  any  criteria  in  addition  thereto
established  by  the  commissioner  by  regulation  as  he  or she deems
necessary to effectuate the purposes of this  subchapter  and  satisfies
the commissioner that such applicant possesses good moral character.
  b.  A  license  to  operate  a tow truck shall be issued only where an
applicant is at least eighteen years of age, satisfies the  commissioner
that  he  or  she  is capable of safely operating a tow truck, meets any
additional criteria established by the commissioner by regulation as  he
or she deems necessary to effectuate the purposes of this subchapter and
satisfies  the  commissioner  that  such  applicant possesses good moral
character. For purposes of determining whether the applicant is  capable
of  safely  operating  a  tow  truck,  the  commissioner  may  take into
consideration any violation by such applicant of the vehicle and traffic
law or any other applicable law pertaining to vehicle operation.
  c. The commissioner may refuse to issue to an  applicant  any  license
required under this subchapter based upon a determination made after due
notice  and  opportunity  to be heard that such applicant has engaged in
conduct which  would  constitute  a  basis  for  license  suspension  or
revocation as set forth in this subchapter.

Section 20-499

Section 20-499

  §  20-499  Bond.  a.  As  a  condition of the issuance of a license to
engage in towing, each applicant shall furnish  to  the  commissioner  a
surety  bond in the sum of five thousand dollars, payable to the city of
New York, executed by  the  applicant  and  a  surety  approved  by  the
commissioner.  Such  bond  shall  be  conditioned  upon  the applicant's
compliance with the provisions of  this  subchapter  and  any  rules  or
regulations  promulgated  hereunder, and upon the further condition that
the applicant will pay to the city any fine, penalty or other obligation
within thirty days of its imposition, or any final judgment recovered by
any person who received towing services from a licensee  thereunder  and
was  damaged  thereby.  The  commissioner  may in his or her discretion,
after a public hearing, five days notice of which shall be published  in
the City Record, increase the amount of the surety bond required by this
section  to  an  amount  not to exceed twenty-five thousand dollars. The
commissioner may by regulation authorize an applicant to, in lieu  of  a
bond,  deposit  cash  to  satisfy the requirements of this section in an
amount equal to the sum of the surety bond required by this section.
  b.  The  commissioner  may  by  regulation  establish  a  fund  to  be
administered by the comptroller and authorize an applicant for a license
to  engage  in  towing  to,  in  lieu of a bond or cash equivalent, make
contributions to such fund to satisfy the requirements of subdivision  a
of   this  section.  The  commissioner  may  promulgate  such  rules  or
regulations as  are  necessary  for  the  administration  of  such  fund
including,  but not limited to, regulations setting forth the conditions
for participation in the fund, the contributions required to be made  to
the  fund  and  the circumstances under which disbursements will be made
from the fund.

Section 20-500

Section 20-500

  §  20-500 Insurance. a. As a condition of the issuance of a license to
engage in towing, each applicant shall  furnish  proof  that  every  tow
truck to be used by such applicant under such license is insured under a
liability  insurance  policy as follows: with respect to each tow truck,
not less than two hundred thousand dollars for personal injury or  death
of  any  one  person resulting from any one accident; not less than five
hundred thousand dollars for personal injury or death  of  two  or  more
persons  resulting  from  any  one  accident;  and  not  less than fifty
thousand dollars for injury to or destruction of property of one or more
persons resulting from any one accident.
  b. The licensee shall notify the  commissioner  of  any  modification,
amendment, cancellation or substitution of any insurance policy required
under  subdivision  a  of  this section within ten days of notice to the
licensee of such modification, amendment, cancellation or substitution.

Section 20-501

Section 20-501

  §  20-501  Inspection of tow trucks. a. No license to engage in towing
shall be issued pursuant to  this  subchapter  unless  the  commissioner
determines  that  every tow truck to be used by the applicant under such
license is fit for operation as a towing vehicle  and  is  otherwise  in
compliance  with  the  provisions of the vehicle and traffic law and any
regulations promulgated thereunder.
  b. The commissioner may require by regulation  that  every  tow  truck
used  by  a  licensee  be  inspected periodically by the department, and
after  finding  such  truck  to  be  fit  for  operation,  may  issue  a
replaceable  inspection  sticker  of  such  material,  form,  design and
dimension to be affixed to such truck in such manner as he or she  shall
prescribe.  The  commissioner  may  by  regulation  impose a fee for any
inspection in an amount not to exceed fifty dollars in order  to  defray
the costs of conducting any such inspection.
  c.  Where  a  holder  of  a license to engage in towing acquires a tow
truck subsequent to the date such license was issued  intended  for  use
under  such  license  or  intends  to  utilize  a  truck  not previously
identified in any application for a license to engage  in  towing,  such
licensee  shall be prohibited from using such truck for towing until the
licensee has furnished proof that such truck is insured as  required  by
section  20-500, and that such truck has been inspected and approved for
use by the department pursuant to this section and the commissioner  has
issued  a  license  plate  therefor  pursuant  to section 20-503 of this
subchapter.

Section 20-502

Section 20-502

  §  20-502  Premises. No license to engage in towing shall be issued or
renewed to any applicant where the premises on or in which the  licensed
business  is  to  be  conducted  are  not  in compliance with the zoning
resolution and the building code of the city of New York and  any  rules
or regulations promulgated thereunder.

Section 20-503

Section 20-503

  § 20-503 Issuance of license plate. Upon approval of an application to
engage in towing, the commissioner shall issue to the licensee a license
plate  for  each  tow  truck to be used under such license. Such license
plate shall be securely affixed to a conspicuous and indispensable  part
of  such  truck, and shall clearly set forth the license number assigned
to the licensee. The license plate issued to the licensee  may,  in  the
discretion  of the commissioner, be a plate of a permanent nature with a
replaceable date tag attached thereto, indicating the expiration date of
the plate. Such license and  replaceable  date  tag  shall  be  of  such
material,   form,   design  and  dimension  as  the  commissioner  shall
prescribe. The commissioner, upon renewal of  a  license  to  engage  in
towing, may continue the use of the license plate for as many additional
license terms as he or she may determine, in which event he or she shall
issue  and deliver to the licensee a replaceable date tag as evidence of
renewal of license, which shall be attached or affixed in such manner as
he or she may prescribe. The failure to affix or display such  date  tag
in  a manner prescribed by the commissioner shall constitute a violation
of this section. In the event of the loss, mutilation or destruction  of
any  license  plate  or date tag issued hereunder, the licensee may file
such statement and proof of facts as  the  commissioner  shall  require,
with  a  fee  of  twenty-five  dollars  per  plate  or  date tag, at the
department, and the department shall issue  a  duplicate  or  substitute
license plate or date tag.

Section 20-504

Section 20-504

  §  20-504  Renewal,  suspension  and revocation of licenses. After due
notice and opportunity to be heard, the commissioner may refuse to renew
any license required under this subchapter and may suspend or revoke any
such license upon the occurrence of any one or  more  of  the  following
conditions:
  a.  the  person  holding a tow truck operator's license, or the person
holding a license to engage in towing or where applicable its  officers,
principals,  directors,  employees, or stockholders owning more than ten
percent of the outstanding stock of the corporation have been  found  by
the  commissioner  to have violated any provisions of this subchapter or
any rule promulgated thereunder; or
  b. the person holding a tow truck operator's license,  or  the  person
holding  a license to engage in towing or where applicable its officers,
principals, directors, employees, or stockholders owning more  than  ten
percent  of  the outstanding stock of the corporation were found to have
operated a tow truck in a  grossly  negligent  manner  or  in  a  manner
showing  a reckless disregard for life or property. For purposes of this
subdivision, a finding that any  such  person  violated  section  eleven
hundred  ninety-two  of the vehicle and traffic law in the course of the
operation of a tow truck shall be deemed gross negligence; or
  c. the person holding a tow truck operator's license,  or  the  person
holding  a license to engage in towing or where applicable its officers,
principals, directors or stockholders owning more than  ten  percent  of
the  outstanding  stock  of  the  corporation have made a material false
statement or concealed a material fact in connection with the filing  of
any  application pursuant to this subchapter or have engaged in fraud or
misrepresentation in connection with the rendering of services; or
  d. the person holding a tow truck operator's license,  or  the  person
holding  a license to engage in towing or where applicable its officers,
principals, directors or stockholders owning more than  ten  percent  of
the  outstanding stock of the corporation have not paid, within the time
permitted by law, any fine, penalty or judgment duly imposed pursuant to
the provisions of this subchapter or any rule or regulation  promulgated
hereunder  or duly imposed in connection with or arising from the use or
operation of a tow truck or the occupation of the premises on which  the
licensed business is conducted; or
  e.  the  person  holding a tow truck operator's license, or the person
holding a license to engage in towing or where  applicable  any  of  its
officers,  principals,  directors  or  stockholders owning more than ten
percent of the outstanding stock of the corporation has  been  convicted
of  a  crime  which,  in  the judgment of the commissioner, has a direct
relationship to such person's fitness or ability to perform any  of  the
activities for which a license is required under this subchapter; or has
been  convicted  of  any  other  crime which, in accordance with article
twenty-three-a of the correction law, would provide a justification  for
the  commissioner  to  refuse  to  renew,  or to suspend or revoke, such
license; or
  f. the person holding a tow truck operator's license,  or  the  person
holding  a license to engage in towing has failed to maintain any of the
conditions  for  issuance  of  such  license  as  provided  under   this
subchapter or any rule or regulation promulgated hereunder.

Section 20-504.1

Section 20-504.1

  §  20-504.1  Mandatory  suspension or revocation of license. After due
notice and opportunity to be heard, the  commissioner  shall  refuse  to
renew,  or  shall  suspend  or  revoke  a  license  required  under this
subchapter, upon the occurrence of any one  or  more  of  the  following
conditions:
  a.  the  person  holding  a  license  to  engage  in  towing  or where
applicable, any of  such  licensee's  officers,  principals,  directors,
employees,   or  stockholders  owning  more  than  ten  percent  of  the
outstanding stock of the corporation, has been found by the commissioner
to have unjustifiably refused to release a  vehicle  towed  pursuant  to
section  20-518  or  section 20-519 of this subchapter, to the vehicle's
owner or the owner's agent. The commissioner shall  establish  standards
concerning  the sufficiency of proof of ownership of the vehicle and the
legality of any charges demanded by the  licensee  for  release  of  the
vehicle.  In  determining  whether  such  refusal  is unjustifiable, the
commissioner in addition to any other relevant fact shall consider  such
standards;
  b.  in  a  two  year period, the person holding a license to engage in
towing or where applicable, any of such licensee's officers, principals,
directors, employees, or stockholders owning more than  ten  percent  of
the  outstanding  stock  of  the  corporation,  has  been  found  by the
commissioner  to  have  committed  in  any  combination  three  or  more
violations  of  sections  19-169,  19-169.1  of  this  code or any rules
promulgated thereunder, or sections 20-507,  20-509,  20-509.1,  20-510,
20-512,  20-514,  20-515,  20-516,  20-518,  20-519, 20-520, 20-520.1 or
20-527 of this subchapter or any rules promulgated thereunder;
  c. the  person  holding  a  license  to  engage  in  towing  or  where
applicable,  any  of  such  licensee's  officers, principals, directors,
employees,  or  stockholders  owning  more  than  ten  percent  of   the
outstanding   stock   of  the  corporation,  has  been  convicted  of  a
misdemeanor or a felony relating  to  auto  stripping  in  violation  of
article 165 of the penal law;
  d.  in  a  two  year period, the person holding a tow truck operator's
license has been found by the commissioner  to  have  committed  in  any
combination  three  or  more  violations  of  the provisions of sections
19-169 and 19.169.1 of this code and any rules  promulgated  thereunder,
or  sections  20-510,  20-512,  20-514,  20-515, 20-518, 20-519, 20-520,
20-520.1  or  20-527  of  this  subchapter  or  any  rules   promulgated
thereunder;
  e. the person holding a tow truck operator's license has been found to
have  operated  any motor vehicle in violation of section eleven hundred
ninety-two of the vehicle and traffic law during the  license  term,  or
has  been  found  to  have  operated a tow truck in violation of section
eleven hundred eighty-two of the vehicle and traffic law.

Section 20-505

Section 20-505

  §  20-505  Tow  truck  operator's  license  suspension  or revocation;
special circumstances. Notwithstanding any other provision of law, where
the commissioner has reason to believe that a  tow  truck  operator  has
committed  an  act  which  would  provide  a  basis  for  suspension  or
revocation under section 20-504 or 20-504.1 of this subchapter, and  the
continued  possession  by  such person of a tow truck operator's license
would  pose  a  serious  danger  to  the  safety  of  the  public,   the
commissioner  may  immediately  suspend  his or her tow truck operator's
license. Notwithstanding any other provision of law, upon the suspension
or revocation pursuant to the vehicle and traffic law of  a  license  to
operate  a  motor  vehicle that is held by a person who also holds a tow
truck operator's license pursuant to this subchapter,  the  commissioner
shall  immediately  suspend  his  or  her  tow truck operator's license.
Notice of the suspension of a tow truck operator's license  pursuant  to
this  section  shall  be  served  on  the operator and on the person who
employs such operator to operate a tow  truck.  The  commissioner  shall
provide the operator with the opportunity for a hearing within five days
after the notification of suspension, after which the commissioner shall
forthwith  make  a  determination  as  to whether such suspension should
continue and in addition may impose any penalty or sanction provided for
under this subchapter, provided,  however  that  where  the  license  to
operate  a  motor  vehicle held by a tow truck operator has been revoked
pursuant to the vehicle and traffic law, the commissioner  shall  revoke
such  person's  tow  truck  operator's  license  issued pursuant to this
subchapter.

Section 20-506

Section 20-506

  §  20-506  License  revocation. Notwithstanding any other provision of
law, any person who holds a license issued pursuant to  this  subchapter
which  has  been revoked by the commissioner pursuant to this subchapter
shall not  be  permitted  to  apply  for  any  new  license  under  this
subchapter for a period of three years from the date of such revocation.
No  license  to  engage  in  towing  shall  be  issued  pursuant to this
subchapter to a corporation, partnership, or  other  association  if  an
officer,  principal,  director,  or  stockholder  owning  more  than ten
percent of the outstanding stock of the corporation of the applicant  is
or  has been an officer, principal, director, or stockholder owning more
than ten percent of the  outstanding  stock  of  the  corporation  of  a
licensee  that has had a license revoked pursuant to this subchapter and
such revocation is in effect at the time of the license application.

Section 20-507

Section 20-507

  §  20-507 Posting of information. a. Every person holding a license to
engage in towing shall post, in a conspicuous fashion at the area of the
licensee's place of business where a vehicle  may  be  claimed,  a  sign
which  clearly  and  legibly  states  the  licensee's  name, address and
business telephone number, the license number assigned to such business,
the rates permitted to be charged for towing and storage  under  section
20-509  of  this  subchapter  and  the  department's telephone complaint
number.
  b. The following information shall be clearly  and  legibly  displayed
and  affixed  in  the  manner provided by rule on each side of every tow
truck used under a license to engage in towing: the licensee's name, the
address under which the tow truck is licensed with the  department,  and
the  business  telephone  number; such rates permitted to be charged for
towing and for storage under section 20-509 of this  subchapter  as  are
specified  in  rules of the commissioner; and the department's telephone
complaint number. The letters and numerals of such display shall not  be
less  than  one  and one-half inches in height, with a width of at least
one-quarter of an inch, and shall be  colored  in  a  contrasting  color
which  is  prominent  against  the background color and is conspicuously
visible when such vehicle is in motion.

Section 20-508

Section 20-508

  §  20-508  Storage  facilities.  Every  licensee which stores vehicles
shall do so only on premises  which  meet  such  specifications  as  the
commissioner shall establish by regulation for safeguarding property.

Section 20-509

Section 20-509

  §  20-509  Rates.  a.  Except  as  otherwise provided, charges for the
towing of vehicles shall  not  exceed  one  hundred  dollars;  provided,
however, that where a motor vehicle has been booted by a person licensed
pursuant to subchapter 32 of this chapter in a private lot as defined in
paragraph  3  of  subdivision b of section 20-531 of such subchapter and
such vehicle is subsequently towed, no additional charge may be  imposed
for the towing of such vehicle.
  b. Except as otherwise provided, charges for storage of vehicles shall
not  exceed  twenty-five  dollars for each twenty-four hours or fraction
thereof for the first three days of storage and twenty-seven dollars for
the fourth day of storage and each day thereafter.
  c. The commissioner may, by rule, authorize  such  additional  charges
for  services  necessary  to prepare a vehicle for towing, including but
not limited to charges for additional labor necessary for positioning  a
vehicle  for  towing, which in the judgment of the commissioner shall be
fair  and  reasonable.  In  promulgating  a  rule   pursuant   to   this
subdivision, the commissioner shall consult with the tow advisory board.
  d.  (1)  No tow truck operator shall require the payment of any fee or
charge for towing and storage  of  a  vehicle,  or  any  fee  or  charge
directly  or indirectly related to towing and storage of a vehicle, that
is not specifically authorized by law or rule.
  (2) No charge for the towing and storage of vehicles may be imposed by
any person who does not have a license to engage in towing  as  required
by  this subchapter at the time that the towing and storage services are
performed.

Section 20-509.1

Section 20-509.1

  § 20-509.1  Rates  for  arterial  tow  permittees. Notwithstanding any
other provisions of this subchapter, charges for the towing of  disabled
passenger vehicles from an arterial roadway by an arterial tow permittee
authorized   by   the  commissioner  of  transportation  or  the  police
commissioner shall be one hundred twenty-five dollars for the first  ten
miles  or  fraction thereof and four dollars for each additional mile or
fraction thereof.

Section 20-510

Section 20-510

  §  20-510  Authorization  to tow vehicles. No tow truck operator shall
tow any vehicle for which towing is necessary  because  of  a  vehicular
accident  without an authorization signed by the person in charge of the
vehicle or a police officer which authorizes the towing of such  vehicle
and,  where  applicable,  authorizes  the  storage  of such vehicle. The
authorization shall be on a form prescribed by  the  commissioner  which
shall  require  such information as the commissioner prescribes by rule,
including the following information: the licensee's  name,  address  and
business  telephone  number,  the license assigned to such business, the
department's telephone complaint  number,  the  rates  permitted  to  be
charged  for towing and storage under section 20-509 of this subchapter,
the location from which and the destination to which the vehicle  is  to
be  towed,  the  year,  the  make, the model and the department of motor
vehicles license plate number of the vehicle to be towed,  the  name  of
the person in charge of the vehicle, the time of the request for service
and  any other information to be prescribed by rule of the commissioner.
The  form  must  also  contain  the  following  language:  "This  is  an
authorization  for  towing  and, where requested, for storage and not an
authorization to repair.  You  have  the  right  to  have  your  vehicle
repaired   at   the  facility  of  this  towing  company  or  any  other
establishment  of  your  choice."  Every  authorization  form  shall  be
executed  and  copies  thereof shall be furnished to such parties and in
such manner as the commissioner may provide by rule.

Section 20-511

Section 20-511

  §  20-511  Removal  of vehicles obstructing traffic. When a vehicle is
situated so as to constitute an obstruction to traffic, and such vehicle
is unattended or the person in charge of such vehicle has  not  arranged
for  its  removal,  a  police  officer  or  a  person  designated by the
commissioner of transportation  may  direct  its  removal  by  a  person
licensed  to  engage  in  towing,  and  such  licensee shall remove such
vehicle to a storage facility which meets the specifications established
by the commissioner by regulation pursuant to  section  20-508  of  this
subchapter.  Such  licensee  shall  be  entitled to charge the person in
charge of the vehicle for towing and storage, and where applicable,  for
the rendering of services to prepare the vehicle for towing at the rates
set forth or authorized by section 20-509 of this subchapter.

Section 20-512

Section 20-512

  §  20-512 Obligation to perform service. No person licensed under this
subchapter shall refuse, without justifiable grounds, to  render  towing
services  in  whole  or  in  part  to  a  person in charge of a disabled
vehicle, other than a vehicle with a maximum  gross  vehicle  weight  of
less  than  fifteen  thousand  pounds  that  is  involved in a vehicular
accident, who has requested towing to a destination within the city. For
purposes of this section, "justifiable grounds" shall include but not be
limited to (a) the absence of an authorization by  the  commissioner  of
transportation  or the police commissioner which is required to lawfully
remove a vehicle from a specific location and (b)  an  authorization  by
the  commissioner of transportation to provide only such towing services
as may be specified by such commissioner to  remove  a  vehicle  from  a
specific location.

Section 20-514

Section 20-514

  §  20-514  Repairs. a. No licensee under this subchapter or his or her
agent shall make repairs or cause repairs to be made for a  fee  on  any
vehicle  which  requires  towing  because of a vehicular accident and is
towed by such licensee, without first entering into a  signed  agreement
with  the  person in charge of the vehicle authorizing such repairs. The
commissioner shall prescribe the form to be used for such agreement.  In
addition  to  any  other  information  required  to be set forth in such
agreement, the commissioner shall require that such agreement set  forth
the  registration number assigned to the licensee's repair shop pursuant
to section three hundred ninety-eight-c of the vehicle and traffic law.
  b. In any case where the tow truck operator knows that the  person  in
charge  of  a  vehicle is injured and is to be removed to a hospital, it
shall be unlawful to enter into an agreement  authorizing  repairs  with
such  injured  person  until  the  expiration  of  a  period of at least
twenty-four hours from the time of  the  accident,  unless  the  injured
person  is  not  admitted  to  or  has been discharged from the hospital
before the expiration of such period.

Section 20-515

Section 20-515

  § 20-515 Prohibited acts. The following acts shall be prohibited:
  a.  maintaining  anywhere  for  use  in connection with towing a radio
receiving set or other device capable of receiving signals  or  messages
transmitted  on the frequencies allocated for police use except in a tow
truck for which there exists a  current  permit  issued  by  the  police
commissioner  pursuant to section 10-102 of the code. In any prosecution
for  violation  of  this  subdivision,  there  shall  be  a   rebuttable
presumption that such device was used to monitor police transmissions;
  b. soliciting or offering any inducements or making representations at
the scene of a vehicular accident for the towing of any vehicle involved
in  an  accident  or  for  the performance of any repairs on any vehicle
involved in an accident except as may be reasonable and necessary at the
scene of an accident for the towing of an accident vehicle on a  segment
of  the  arterial  highways  by  an  arterial tow permittee who has been
authorized  by  the  commissioner  of  transportation  or   the   police
commissioner to provide tow service on such segment.
  c. giving or offering to give any payment, fee, reward, or other thing
of value, directly or indirectly, for supplying information concerning a
disabled  vehicle which may require towing service, which information is
or may be used to solicit the towing  or  repair  of  such  vehicle,  or
having printed any card or other notice offering to give a payment, fee,
reward or other thing of value for such information; or
  d.  at  the  scene  of a vehicular accident, making an estimate of the
cost of repairs, offering to make such an estimate, or offering to  make
repairs,  or  providing any inducement, discount, reward, or other thing
of value to encourage, urge or steer any person to  have  such  accident
vehicle  towed  to  a  repair  facility or to have such accident vehicle
repaired at a particular repair facility.

Section 20-516

Section 20-516

  §  20-516  Records.  Every  person  licensed to engage in towing shall
maintain records,  ledgers,  receipts,  bills  and  such  other  written
records  as  the  commissioner may prescribe by regulation in electronic
format. Such records shall be  made  available  for  inspection  by  the
commissioner  at  his  or  her request at either the licensee's place of
business or at the offices of the department for a period of five years.

Section 20-517

Section 20-517

  §  20-517  Transferability.  No  license  issued under this subchapter
shall be transferred or assigned to any person or  used  by  any  person
other than the licensee to whom it was issued.

Section 20-518

Section 20-518

  §  20-518  Removal  of  vehicles  involved  in  an accident. a. 1. The
commissioner shall establish and administer a program to be known as the
"directed  accident  response  program"  for  the  purpose  of  removing
vehicles  that  have  been  involved  in  a vehicular accident and which
cannot be safely driven under their own power. The commissioner  may  by
rule  prescribe which vehicles involved in vehicular accidents cannot be
safely driven under their own power.
  2. The commissioner, after consultation with the police  commissioner,
shall  divide  the city into zones and shall create for each zone a list
in random order of persons licensed to engage in towing  who  have  been
approved  by the commissioner for participation in the directed accident
response program. At any time subsequent to the initial establishment of
zones and lists, the  commissioner  may,  after  consultation  with  the
police  commissioner,  modify  the  zones  and  reformulate the lists to
ensure sufficient towing services throughout the city. Where  more  than
one  towing  company  has  been  placed  on  a  list of towing companies
authorized  to  remove  vehicles  in  a  particular  zone,  the   police
department  shall  summon  towing companies from such list on a rotating
basis. Any towing company approved for  participation  in  such  program
after  such  lists are initially established shall be placed on any such
list at the point immediately preceding the last towing company summoned
by the police department pursuant to this section. Such lists  shall  be
available at the department for public inspection.
  3.  The  commissioner  shall  set  forth  by  rules  such criteria for
participation in the program as he or she deems necessary to  effectuate
the  purposes  of  this  section. Such criteria shall include but not be
limited to, possession of a valid, current license to engage  in  towing
and   compliance   with   this  subchapter  and  any  rules  promulgated
thereunder, ability to respond within a  specified  period  of  time  to
police department calls for towing, ability to make service available on
a  twenty-four  hour  basis or on such limited basis as the commissioner
shall prescribe, maintenance of specified business hours for  redemption
of  vehicles and maintenance of a specified minimum number of tow trucks
and other equipment appropriate  for  towing,  including  at  least  one
flat-bed truck suitable for removing accident vehicles. All participants
in  the  program  shall  maintain  a business premises that is under the
exclusive control of the participant, is not used by  any  other  towing
company  and  is  the  premises  listed on such participant's license to
engage in towing. Such premises shall consist of a location that is open
to the public,  where  towing  company  personnel  are  employed,  calls
requesting  towing  service  are received and towers are dispatched, and
where all records required by this subchapter or any  rules  promulgated
thereunder are maintained.
  4.  All  persons approved by the commissioner for participation in the
directed  accident  response  program,  in  addition  to   meeting   the
requirements  of  paragraph  three  of  this  subdivision  and  any rule
promulgated pursuant to this  section,  shall  (i)  have  been  licensed
pursuant to this subchapter for a period of not less than one year; (ii)
have not had such license revoked after due notice and opportunity to be
heard  at  any  time  during  the  preceding  two year period; and (iii)
possess a satisfactory record with regard to the operation of  a  towing
business   as   determined   by   the   commissioner,  provided  that  a
determination that such record with regard to the operation of a  towing
business  is  unsatisfactory  shall  be  based  upon  violations of this
subchapter.
  5. The commissioner may impose a biennial fee for participation in the
program in order to defray expenses incurred in its administration.

  b. 1. Any vehicle that has been involved in a vehicular  accident  and
which  cannot  be  safely  driven under its own power which has not been
removed or caused to be removed from the scene of an accident  shall  be
removed  by  a  tow  truck  of  the  towing company participating in the
directed  accident  response program when such company has been directed
to do so by the police department. No such vehicle, other than a vehicle
that has a maximum gross vehicle weight of  at  least  fifteen  thousand
pounds,  may be removed by a tow operator chosen by the person in charge
of such vehicle.
  2. No tow truck operator shall travel en route to, or respond to,  the
scene or the reported scene of a vehicular accident, or remove a vehicle
therefrom,  unless a specific request for the services of such tow truck
operator has been received by such operator or the towing company  which
employs  such  operator  from a person in charge of a vehicle that has a
maximum gross vehicle weight of at least  fifteen  thousand  pounds,  or
unless  such tow truck operator has been directed to do so by the police
department.
  3. No tow truck of the towing company participating  in  the  directed
accident  response  program  shall fail to or refuse to remove a vehicle
that has been involved in a  vehicular  accident  and  which  cannot  be
safely driven under its own power when such company has been directed to
do  so  by  the  police  department.  Such vehicle shall be towed to the
storage  facility  of  such  responding   company   which   meets   such
specifications  as  the  commissioner  shall  establish by rule, or to a
location within the city designated by the  person  in  charge  of  such
vehicle,  provided,  however,  that  placement  of  such vehicle in such
location is not in violation of any other law.  A  vehicle  towed  to  a
storage  facility  shall  at  all  times  be  stored within such storage
facility while the vehicle is in the custody of the towing company. Such
storage facility shall be the premises listed  on  the  license  of  the
towing company responding to the police department's direction to remove
a  vehicle  or the premises approved by the commissioner for use by such
towing company. Such premises shall be owned, operated or controlled  by
such  towing  company and shall not be used by any other towing company.
Nothing in this section shall be  construed  to  preclude  a  person  in
charge  of a vehicle that has a maximum gross vehicle weight of at least
fifteen thousand pounds, from arranging for the removal of such  vehicle
by a tow operator of such person's choice.
  4.  Notwithstanding  any  other provision of this subchapter, a towing
company that removes an accident vehicle to its storage facility at  the
place  of business which qualifies such company for participation in the
directed  accident  response  program  or  to  its   auxiliary   storage
facilities approved by the commissioner, shall not charge for the towing
of a vehicle registered at a weight of ten thousand pounds or less a fee
exceeding  one  hundred and twenty-five dollars or more than twenty-five
dollars per day for the first three days  of  storage  and  twenty-seven
dollars for the fourth day, and each day thereafter, of storage for such
vehicle.  A  towing  company  participating  in  the  directed  accident
response program shall not charge for the towing of an accident  vehicle
registered  at a weight of more than ten thousand pounds a fee exceeding
one hundred and forty dollars or more than twenty-five dollars  per  day
for  the  first  three  days of storage and twenty-seven dollars for the
fourth day, and each day thereafter, of storage for such vehicle.
  5. If a person in charge of the vehicle, other than a police  officer,
requests  that  an  accident vehicle be towed to any location other than
the storage facilities at the place  of  business  which  qualified  the
towing  company  removing  the vehicle for participation in the directed
accident  response  program  or  to  its  auxiliary  storage  facilities

approved  by  the commissioner, the towing company may also, in addition
to the charges authorized under  paragraph  four  of  this  subdivision,
charge  the  mileage fee for additional mileage that is authorized under
section  20-509  of  this subchapter, for the distance traveled from the
accident scene to the location where the  vehicle  is  towed;  provided,
however,  that  such distance shall be measured on a route available for
commercial vehicles from the accident scene to  the  location  to  which
such vehicle is towed.
  c.  The  police  department  shall  maintain a record of the number of
times  each  towing  company  participating  in  the  directed  accident
response  program is summoned to remove vehicles and the number of times
each such company responds thereto and such  other  information  as  the
commissioner may prescribe.
  c-1.  Every  towing  company  approved  to participate in the directed
accident response program shall:
  (1) have on its premises, and accessible to the  public,  a  telephone
and bathroom facilities:
  (2)  provide reasonable access to an accident vehicle during the hours
the towing company  is  required  to  be  open  for  the  redemption  of
vehicles,  at  no charge, to the owner or other person in charge of such
vehicle, to any insurance agent or insurance adjuster  representing  the
owner  of  such vehicle, or to any insurance agent or insurance adjuster
who furnishes sufficient written proof confirming that he or she  is  in
fact  representing  any  other  person having a claim or defense arising
from an accident involving such vehicle;
  (3)(a)  impose  no  storage  charge  exceeding  the  amount  permitted
pursuant  to  section 20-509 of this subchapter during any period before
the owner or other person in charge of an accident vehicle has signed an
authorization for the repair of such accident vehicle  with  the  repair
shop that the towing company has registered pursuant to article twelve-A
of  the  vehicle  and  traffic law, and (b) where such towing company is
registered as a repair shop pursuant to article twelve-A of the  vehicle
and  traffic  law, impose no storage charge during the period from which
the owner or  other  person  in  charge  of  the  accident  vehicle  has
authorized  repairs  by  such registered repair shop to one business day
after such registered repair shop has notified such owner or other  such
person  in  charge  of such vehicle to pick up the repaired vehicle. For
purposes  of  determining  whether  a  towing   company   has   violated
subparagraphs (a) or (b) of this paragraph, such towing company shall be
deemed  to have committed the violation of another entity if such towing
company and such other entity share a common officer, director, partner,
member, manager, principal or shareholder owning five or more percent of
the outstanding stock, such towing company has any  direct  or  indirect
interest  in  such  other  entity, or such towing company and such other
entity share any facilities, equipment, or employees.
  (4) provide to each owner or other person in charge  of  the  accident
vehicle  an  informational  flyer  entitled the "consumer bill of rights
regarding towing of accident vehicles and repair  shops"  setting  forth
the  information  that the commissioner deems appropriate about the laws
relating to the  consumer's  rights  with  respect  to  the  towing  and
repairing  of  vehicles.  Such  bill  of rights shall be provided to the
owner or other person in charge of  the  accident  vehicle  before  such
vehicle is towed from the accident scene; provided, however, that if the
owner  or other person in charge of such vehicle is injured and is to be
removed to a hospital, such bill of rights shall  be  furnished  by  the
towing  company at the time such owner or such other person in charge of
such vehicle first appears at the premises of such towing company.

  d. In addition  to  the  obligation  to  make  records  available  for
inspection  by  the  commissioner  pursuant  to  section  20-516 of this
subchapter, every towing company participating in the directed  accident
response  program shall, at the request of the police department and for
the  purpose  of the enforcement of any regulations promulgated pursuant
to this section, make available for inspection by the police department,
during reasonable business hours, any records required to be  maintained
under this subchapter.
  e.  After due notice and opportunity to be heard, the commissioner may
disqualify any towing company participating  in  the  directed  accident
response  program  from  continued  participation  in  such  program for
violation of  any  of  the  provisions  of  this  section  or  any  rule
promulgated  hereunder  or upon the occurrence of any one or more of the
conditions set forth in this subchapter  which  constitute  grounds  for
suspension  or  revocation  of any license issued under this subchapter;
provided, however, that the commissioner, for good cause, may, prior  to
giving  notice  and  an  opportunity  to be heard, temporarily suspend a
towing company from participation  in  the  directed  accident  response
program for up to ten days. Notice of such suspension shall be served on
the  towing  company.  The commissioner shall provide the towing company
with  the  opportunity  for  a  hearing  within  ten  days   after   the
notification of suspension, after which the commissioner shall forthwith
make  a  determination as to whether such suspension should continue and
the length of such suspension and in addition may impose any penalty  or
sanction authorized by this subchapter.
  f.  Any person participating in the directed accident response program
who violates  the  provisions  of  section  20-496  of  this  subchapter
regarding engaging in towing without having first obtained a license for
such  towing business and a license plate for each tow truck, driving or
otherwise operating a tow truck or assisting in any activity for which a
license is required under this subchapter without having first  obtained
a tow truck operator's license, or permitting or authorizing the driving
or  other  operation  of  a tow truck by a person who does not possess a
current, valid tow truck operator's license in violation of  subdivision
c of section 20-496 of this subchapter shall be removed from the list of
approved  towing  companies and shall be ineligible for participation in
the directed accident response program for a period of six  months.  Any
such  person who has been found guilty of two such violations within the
preceding twenty-four month period shall be removed  from  the  list  of
approved  towing  companies and shall be ineligible for participation in
the directed accident response program for a period of one year.
  g.  The  commissioner  may  promulgate  such  additional   rules   and
regulations  as  he or she deems necessary to effectuate the purposes of
this section.
  g-1. 1. After due notice and opportunity to be heard, the commissioner
may remove or suspend, for  a  period  not  to  exceed  one  year,  from
continued  participation  in  the directed accident response program any
towing company participating in such program which:
  (a) was unavailable to respond to a police dispatch or has  failed  to
respond to a police dispatch for removing a vehicle from the scene of an
accident on at least three occasions within any six month period;
  (b)  failed  to provide to any person the informational flyer entitled
"consumer bill of rights  regarding  towing  of  accident  vehicles  and
repair  shops" as required pursuant to paragraph four of subdivision c-1
of this section; or
  (c) failed to  or  refused  to  release  any  accident  vehicle  after
presentation  of  sufficient  proof  of  ownership  or  owner's  written
authorization, and upon tender of payment of authorized charges in  cash

or  by  major credit card as such credit card payment is provided for in
section  20-520.1  of  this  subchapter  and   any   rules   promulgated
thereunder.
  2.  The  grounds  for  suspension  or removal of a towing company from
continued  participation  in  the  directed  accident  response  program
specified  in paragraph one of this subdivision shall be in addition to,
and shall not in any way limit, the commissioner's authority to  revoke,
suspend, or refuse to renew a license issued pursuant to this subchapter
or  to  suspend or remove from participation any towing company from the
directed accident response program pursuant to any other  provisions  of
this subchapter and any rules promulgated thereunder.
  * h.  The provisions of this section shall not apply to the removal of
a vehicle that is  located  in  a  special  accident  response  district
established pursuant to section 20-518.1 of this subchapter.
  * NB Expired December 31, 1997
  i.  The provisions of this section shall not apply to the removal of a
vehicle at any location for which the authorization of the  commissioner
of transportation is required to remove a disabled vehicle therefrom.

Section 20-518.1

Section 20-518.1

  * §    20-518.1   Special   accident   response   districts.   a.   1.
Notwithstanding any inconsistent  provisions  of  this  subchapter,  the
commissioner  may  by  rule designate one or more areas of the city as a
special accident response district, provided, however, that such special
accident response districts shall not in combination encompass more than
seven police precincts. One but not more  than  three  towing  companies
shall  be assigned by the commissioner to each zone located in a special
accident response district and shall have the responsibility of removing
vehicles that have been involved in a vehicular accident  in  such  zone
and  which  cannot  be safely driven under their own power. No more than
one such towing company shall have the responsibility for removing  such
vehicles  in  a  particular  zone  within  a  special  accident response
district during any specified period of time. The  commissioner  may  by
rule  prescribe which vehicles involved in vehicular accidents cannot be
safely driven under their own power. Notwithstanding any other provision
of this section, the commissioner may by rule establish  an  alternative
procedure for providing towing services for accident vehicles in certain
circumstances  where  towing services will not be adequately provided by
the towing companies participating  in  the  special  accident  response
districts.
  2.  The  commissioner, after consultation with the police commissioner
and the tow advisory board created pursuant to section  20-526  of  this
subchapter,  shall  set forth by rule the division of a special accident
response district into zones for the removal of  accident  vehicles  and
may  modify  the  zones  from  time  to time to ensure sufficient towing
services throughout such district. In determining the boundaries of  the
zones,  the  commissioner  may  consider,  but  shall  not be limited to
considering, the following:
  (a) the boundaries of police precincts, commands and sectors;
  (b) vehicular accident statistics;
  (c) traffic patterns and other factors related to the response time of
towing companies; and
  (d) the density of licensed towing company facilities.
  b. 1. The commissioner shall set  forth  by  rule  such  criteria  for
pre-qualifying  a towing company to apply for a particular zone or zones
in a special accident response district as he or she deems necessary  to
effectuate  the  purposes  of this section. Such criteria shall include,
but not be limited to (a) possession for a period of not less  than  one
year  of a valid, current license to engage in towing issued pursuant to
this subchapter, which license has not been revoked after due notice and
an opportunity to be heard at any time during  the  preceding  two  year
period, (b) possession of a satisfactory record with regard to operation
of  a towing business as determined by the commissioner, provided that a
determination that such record with regard to the operation of a  towing
business  is  unsatisfactory  shall  be  based  upon  violations of this
subchapter and any rules promulgated thereunder, (c) fitness to  provide
towing service, (d) ability to respond within a specified period of time
to  an  accident that has occurred in the zone, (e) the proximity of the
towing company's place of business and storage facilities  to  the  zone
applied for, (f) ability to make service available on a twenty-four hour
basis,  (g)  maintenance  of  specified business hours for redemption of
vehicles, (h) registration as a repair shop pursuant to article twelve-A
of the vehicle and traffic law, and (i) maintenance of a minimum  number
of tow trucks and other equipment appropriate for towing. In addition to
such  criteria, a towing company shall maintain a business premises that
is under the exclusive control of such towing company, is  not  used  by
any  other  towing  company  and  is  the premises listed on such towing
company's license to engage in towing. Such premises shall consist of  a

location  that is open to the public, where towing company personnel are
employed, calls requesting towing service are received  and  towers  are
dispatched,  and  where  all  records required by this subchapter or any
rules promulgated thereunder are maintained.
  2.  Where  more  than  one  towing  company  meets  the  criteria  for
assignment to  a  particular  zone,  the  commissioner  may  use  random
selection  procedures  such  as  a lottery to assign a towing company to
such zone and to a specified time period. Zone assignment shall  be  for
such period of time as the commissioner shall proscribe by rule.
  3.  The commissioner shall by rule establish procedures to be followed
in the event that it is  impracticable  or  impossible  for  the  towing
company  assigned to a zone and to a specified time period to respond to
an accident scene or to remove a vehicle therefrom in a  timely  manner,
and  the  commissioner  may  pre-qualify  towing companies to serve as a
back-up response in such event.
  4. The commissioner may by rule establish  standards  of  service  and
performance  and  methods of identification of tow trucks which shall be
complied with by all towing companies assigned by  the  commissioner  to
have  the  responsibility  for removing accident vehicles in a zone. The
commissioner shall not require the full body of  a  tow  truck  of  such
towing company to be painted a certain color.
  c.  1.  Any  vehicle  located in a zone in a special accident response
district that has been involved in a vehicular accident and which cannot
be safely driven under its own power  which  has  not  been  removed  or
caused to be removed from the scene of an accident shall be removed by a
tow truck of the towing company authorized by the commissioner to remove
such  vehicle  from  such zone at that particular time. No such vehicle,
other than a vehicle that has a maximum gross vehicle weight of at least
fifteen thousand pounds, may be removed by a tow operator  chosen  by  a
person in charge of such vehicle.
  2.  No  tow truck operator shall travel enroute to, or respond to, the
scene of a vehicular accident, or remove a vehicle therefrom, in a  zone
located  within  a  special accident response district unless a specific
request for the services of such tow truck operator has been received by
such operator or the towing company which employs such operator  from  a
person in charge of a vehicle that has a maximum gross vehicle weight of
at  least  fifteen  thousand  pounds,  or  unless such operator has been
assigned by the commissioner to have  the  responsibility  for  removing
accident  vehicles  in  such  zone  located  within  a  special accident
response district at that particular time, or has been pre-qualified  by
the commissioner and has been directed to serve as a back-up response at
that  particular time, or is otherwise authorized by the commissioner to
remove a vehicle therefrom.
  3. No tow truck of the towing company authorized by  the  commissioner
to  remove  vehicles  involved in a vehicular accident in a zone located
within a special accident response district shall fail to or  refuse  to
remove  a vehicle that has been involved in a vehicular accident in such
zone and which cannot be safely driven under its own power which has not
been removed or caused to be removed from the scene of an accident. Such
vehicle shall be towed by a tow truck of such responding towing  company
to  the storage facility of such company, which facility shall meet such
specifications as the commissioner shall establish  by  rule,  or  to  a
location  designated  by the person in charge of such vehicle, provided,
however, that such location is within the police precinct in  which  the
vehicular  accident  occurred  or  a  police  precinct directly adjacent
thereto and placement of  such  vehicle  in  such  location  is  not  in
violation  of any other law. A vehicle towed to a storage facility shall
at all times be stored within such facility while the vehicle is in  the

custody  of  the  towing  company.  Such  storage  facility shall be the
premises listed on the license of the towing  company  or  the  premises
approved  by  the  commissioner  for  use  by  such towing company. Such
premises  shall  be owned, operated or controlled by such towing company
and shall not be used by any other towing company. In order  to  respond
to  the scene of an accident in the towing company's assigned zone, such
company shall be permitted to maintain and use in such  company's  place
of   business  for  the  purpose  of  receiving  and  monitoring  police
communications  a  radio  receiving  set  or  other  device  capable  of
receiving  signals  or messages transmitted on the frequencies allocated
for police use.
  d. The commissioner may impose a fee upon a towing company  which  has
been  assigned to a zone pursuant to this section in order to defray the
expenses incurred in the administration and enforcement of this section.
  e. The police department shall maintain a record of  such  information
as  the  commissioner,  after consultation with the police commissioner,
may prescribe as would be useful in  determining  the  effectiveness  of
special accident response districts.
  f.  In  addition  to  the  obligation  to  make  records available for
inspection by the  commissioner  pursuant  to  section  20-516  of  this
subchapter,  every  towing  company  which  has  been assigned to a zone
pursuant to this section shall, at the request of the police  department
and  for  the  purpose  of  the enforcement of this section or any rules
promulgated hereunder, make  available  for  inspection  by  the  police
department, during reasonable business hours, any records required to be
maintained under this subchapter.
  g.  After  due notice and an opportunity to be heard, the commissioner
may remove any towing  company  from  the  responsibility  for  removing
accident  vehicles  in  a particular zone during a specified time period
where the commissioner finds that the towing company  has  not  complied
with  the  standards  of service and performance prescribed by rule, has
engaged in any fraudulent business practices or has violated any of  the
provisions  of  this  subchapter  or any rules promulgated hereunder, or
upon the occurrence of any one or more of the conditions  set  forth  in
this subchapter which constitute grounds for suspension or revocation of
any  license  issued  under  the subchapter; provided, however, that the
commissioner, for good  cause,  may,  prior  to  giving  notice  and  an
opportunity  to  be heard, temporarily suspend a towing company from the
responsibility for removing  accident  vehicles  in  a  particular  zone
during  a  specified  time  period  for  up  to ten days. Notice of such
suspension shall be served on the towing company. The commissioner shall
provide the towing company with the opportunity for a hearing within ten
days after the notification of suspension, after which the  commissioner
shall  forthwith  make  a  determination  as  to whether such suspension
should continue and the length of such suspension, and in  addition  may
impose  any  penalty  or  sanction authorized by this subchapter. In the
event of the removal, termination or withdrawal of  any  towing  company
from  the  responsibility for removing accident vehicles in a particular
zone, the commissioner shall, pursuant to the  procedures  described  in
subdivision  b  of  this  section  and any rules promulgated thereunder,
select a new towing company to provide towing service in the zone during
a specified time period for the unexpired portion of the term.
  h. Any person participating in the removal of vehicles involved  in  a
vehicular  accident in a zone located within a special accident response
district  who  violates  the  provisions  of  section  20-496  of   this
subchapter  regarding engaging in towing without having first obtained a
license for such towing business and a license plate for each tow truck,
driving or otherwise operating a tow truck or assisting in any  activity

for  which  a  license  is required under this subchapter without having
first  obtained  a  tow  truck  operator's  license,  or  permitting  or
authorizing  the  driving  or other operation of a tow truck by a person
who  does  not  possess a current, valid tow truck operator's license in
violation of subdivision c of section 20-496 of this subchapter shall be
removed from the responsibility for  removing  accident  vehicles  in  a
particular  zone  during a specified time period and shall be ineligible
for participation in the removal of accident vehicles in  zones  located
within  special  accident response districts for a period of six months.
Any such person who has been found guilty of two such violations  within
the   preceding   twenty-four  month  period  shall  be  ineligible  for
participation in the removal  of  accident  vehicles  in  zones  located
within special accident response districts for a period of one year.
  i.  The provisions of this section shall not apply to the removal of a
vehicle that is located in a zone designated by the commissioner as part
of the "directed accident response program" pursuant to  section  20-518
of  this subchapter or to the removal of a vehicle from any location for
which the authorization of the commissioner  of  transportation  or  the
police commissioner is required to remove such vehicle therefrom.
  j.  The commissioner may promulgate such additional rules as he or she
deems necessary to effectuate the purposes of this section.
  * NB Expired December 31, 1997

Section 20-519

Section 20-519

  §  20-519 Removal of stolen, abandoned and evidence vehicles, vehicles
blocking a private driveway and vehicles with certain alarm devices.  a.
1.  The  commissioner  shall  establish  a  program  to  be known as the
"rotation tow program" for the purpose of  removing  evidence  vehicles,
vehicles  suspected  of  having  been  stolen  or  abandoned  other than
vehicles  described  in  subdivision  two  of  section  twelve   hundred
twenty-four  of  the  vehicle  and  traffic law, the removal pursuant to
section 19-169 of the code of vehicles blocking a private driveway,  and
the  removal  pursuant  to  section  24-221 of the code of vehicles with
certain alarm devices.
  2. The commissioner, after consultation with the police  commissioner,
shall  divide  the city into zones and shall create for each zone a list
in random order of persons licensed to engage in towing  who  have  been
approved  by  the  commissioner  for  participation  in the rotation tow
program. The commissioner may in his or her discretion create from  such
list  separate  lists  for  the removal of evidence vehicles, stolen and
abandoned vehicles, the removal pursuant to section 19-169 of  the  code
of  vehicles  blocking  a  private driveway, and the removal pursuant to
section 24-221 of the code  of  vehicles  with  certain  alarm  devices,
respectively.  At  any  time  subsequent to the initial establishment of
zones and lists, the  commissioner  may,  after  consultation  with  the
police  commissioner,  modify  the  zones  and  reformulate the lists to
ensure sufficient towing services throughout the city. Where  more  than
one  towing  company  has  been  placed  on  a  list of towing companies
authorized  to  remove  vehicles  in  a  particular  zone,  the   police
department  shall  summon  towing companies from such list on a rotating
basis. Any towing company approved for  participation  in  such  program
after  such  lists are initially established shall be placed on any such
list at the point immediately preceding the last towing company summoned
by the police department pursuant to this section. Such lists  shall  be
available at the department for public inspection.
  3.  The  commissioner  shall  set  forth  by  rule  such  criteria for
participation in the program as he or she deems necessary to  effectuate
the  purposes  of  this section. Such criteria shall include, but not be
limited to, possession of a valid, current license to engage  in  towing
and   compliance   with   this  subchapter  and  any  rules  promulgated
thereunder, ability to respond within a  specified  period  of  time  to
police department calls for towing, ability to make service available on
a  twenty-four  hour  basis or on such limited basis as the commissioner
shall prescribe, maintenance of specified business hours for  redemption
of  vehicles and maintenance of a specified minimum number of tow trucks
and other equipment appropriate for  towing.  All  participants  in  the
program  shall  maintain a business premises that is under the exclusive
control of the participant, is not used by any other towing company  and
is  the  premises  listed  on  such  participant's  license to engage in
towing. Such premises shall consist of a location that is  open  to  the
public,  where  towing  company personnel are employed, calls requesting
towing service are received and towers are  dispatched,  and  where  all
records  required by this subchapter or any rules promulgated thereunder
are maintained.
  4. The commissioner may impose a biennial fee for participation in the
program in order to defray expenses incurred in its administration.
  5. On or after March first, nineteen hundred ninety-three, all persons
approved by the commissioner  for  participation  in  the  rotation  tow
program,  in  addition to meeting the requirements of paragraph three of
this subdivision and any rule  promulgated  pursuant  to  this  section,
shall (i) have been licensed pursuant to this subchapter for a period of
not less than one year; (ii) have not had such license revoked after due

notice  and opportunity to be heard at any time during the preceding two
year period; and (iii) possess a satisfactory record with regard to  the
operation  of  a  towing  business  as  determined  by the commissioner,
provided  that  a  determination  that  such  record  with regard to the
operation of a towing business is unsatisfactory  shall  be  based  upon
violations of this subchapter.
  b. 1. Any vehicle that is suspected of having been stolen or abandoned
other  than  vehicles  described  in  subdivision  two of section twelve
hundred twenty-four of the vehicle and traffic law, any vehicle that  is
blocking  a  private driveway and subject to removal pursuant to section
19-169 of the code, and any vehicle with certain alarm devices which  is
subject  to  removal  pursuant  to  section  24-221 of the code shall be
removed by a tow truck  of  the  towing  company  participating  in  the
rotation tow program when directed to do so by the police department. If
such vehicle appears to have a missing or altered vehicle identification
number,  the police may direct its removal to the police property clerk.
All other vehicles shall be  towed  to  the  storage  facility  of  such
responding  company  which meets such specifications as the commissioner
shall establish by rule, and shall at all times be  stored  within  such
storage  facility  while  the  vehicle  is  in the custody of the towing
company. Such storage facility shall  be  the  premises  listed  on  the
license  of  the  towing  company  responding to the police department's
direction  to  remove  a  vehicle  or  the  premises  approved  by   the
commissioner  for  use  by  such  towing company. Such premises shall be
owned, operated or controlled by such towing company and  shall  not  be
used   by   any  other  towing  company.  The  police  department  shall
expeditiously make every reasonable effort to notify the owner  and  the
national  automobile theft bureau or the insurer, if any, of any vehicle
that is suspected of having been stolen or abandoned  of  the  vehicle's
location  and  the procedure for retrieval. During the period commencing
on the eighth day after the vehicle is removed to such storage  facility
and  ending on the thirtieth day after such removal, such towing company
shall transfer any vehicle which has not been claimed into  the  custody
of the police department property clerk.
  2.   An  evidence  vehicle  shall  be  removed  by  a  towing  company
participating in the rotation tow program when directed to do so by  the
police  department. Such vehicle shall be towed to a location designated
by a police officer.
  3. No tow truck operator shall knowingly remove a vehicle suspected of
having  been  stolen  or  abandoned  or  an  evidence  vehicle   without
authorization  by  the  police  department.  No tow truck operator shall
knowingly remove a  vehicle  blocking  a  private  driveway  subject  to
removal  pursuant  to section 19-169 of the code except as authorized in
such section. No tow truck operator shall  knowingly  remove  a  vehicle
with certain alarm devices subject to removal pursuant to section 24-221
of the code except as authorized in such section.
  c.  1.  Notwithstanding any other provision of law, the towing company
shall be entitled to charge the owner or other person claiming a vehicle
that is suspected of having been stolen or abandoned or a  vehicle  with
certain  alarm  devices subject to removal pursuant to section 24-221 of
the code which was  directed  to  be  towed  by  the  police  department
pursuant  to  this  section  and  which is claimed before the end of the
thirtieth day after such vehicle  is  removed  by  such  towing  company
amounts  not in excess of the following: one hundred twenty-five dollars
for the towing of a vehicle registered  at  a  weight  of  ten  thousand
pounds  or  less;  one  hundred  and  forty  dollars for the towing of a
vehicle registered at  a  weight  of  more  than  ten  thousand  pounds;
twenty-five  dollars  per  day for the first three days and twenty-seven

dollars for the fourth day of storage and each day thereafter. Upon  the
transfer  of  an  unclaimed  vehicle  into  the  custody  of  the police
department property clerk, the  towing  company  shall  be  entitled  to
charge  the  police  department  amounts not in excess of the following:
sixty dollars plus tolls for the towing of a vehicle suspected of having
been stolen or abandoned, a vehicle that was blocking a private driveway
and was removed pursuant to section 19-169 of the code or a vehicle with
certain alarm devices that was removed pursuant to section 24-221 of the
code, to a storage facility and subsequent transfer of such vehicle into
the custody of such property clerk during the period of  time  specified
in  paragraph one of subdivision b of this section; five dollars per day
for the first three days of storage of such vehicle  and  eight  dollars
for  the fourth day of storage and each day thereafter, provided that in
no event shall any towing company  be  entitled  to  charge  the  police
department  for storage charges incurred after the tenth day of storage.
The towing company shall be entitled to charge the police department  an
amount  not  in  excess of sixty dollars plus tolls for the towing of an
evidence vehicle to a location designated by a police officer.
  2. The police department shall be entitled to charge an owner or other
person who claims a vehicle that is suspected of having been  stolen  or
abandoned,  a  vehicle  that  was  blocking  a  private driveway and was
removed pursuant section 19-169 of the code, or a vehicle  with  certain
alarm  devices  that was removed pursuant to section 24-221 of the code,
which is in the custody of the  police  department  property  clerk  the
charges  for  towing  and  storage permitted to be charged by the towing
company pursuant to paragraph one of this subdivision,  plus  tolls,  in
addition  to  the  fees  for storage with the police department property
clerk provided by subdivision i  of  section  14-140  of  the  code.  No
vehicle  which is in the custody of the police department property clerk
which had blocked a private driveway and was removed pursuant to section
19-169 of the code shall be  released  to  the  owner  or  other  person
claiming  such  vehicle  unless  such  owner  or  other person shall, in
addition to paying such charges to the police department property  clerk
as  provided  for  in this subdivision, present to such property clerk a
receipt from the towing company which  removed  the  vehicle  indicating
payment  to such company of the following amount: the charges for towing
and storage which would have been due to the towing company pursuant  to
paragraph  eight of subdivision c of section 19-169 of the code had such
owner or other person claimed the vehicle from such towing company  less
the  amount  paid to the police department for the towing and storage of
such vehicle by such company.
  3. No towing company shall require the payment of any  fee  or  charge
for or relating to towing and storage of a vehicle, or any fee or charge
directly  or indirectly related to towing and storage of a vehicle, that
has been removed pursuant to this  section,  that  is  not  specifically
authorized by law or rule.
  d.  The  police  department  shall  maintain a record of the number of
times each towing company participating in the rotation tow  program  is
summoned  to  remove a vehicle and the number of times each such company
responds thereto and such other  information  as  the  commissioner  may
prescribe by rule.
  e.  In  addition  to  the  obligation  to  make  records available for
inspection by the  commissioner  pursuant  to  section  20-516  of  this
subchapter,  every  towing  company  participating  in  the rotation tow
program shall, at the request of  the  police  department  and  for  the
purpose  of  the  enforcement  of any rules promulgated pursuant to this
section, make available for inspection by the police department,  during

reasonable  business  hours, any records required to be maintained under
this subchapter.
  f.  After due notice and opportunity to be heard, the commissioner may
disqualify any towing company participating in the rotation tow  program
from continued participation in such program for violation of any of the
provisions of this section or any rule promulgated hereunder or upon the
occurrence  of  any  one  or  more  of  the conditions set forth in this
subchapter which constitute grounds for suspension or revocation of  any
license  issued  under  this  subchapter;  provided,  however,  that the
commissioner, for good  cause,  may,  prior  to  giving  notice  and  an
opportunity  to  be  heard,  temporarily  suspend  a towing company from
participation in the rotation tow program for up to ten days. Notice  of
such  suspension shall be served on the towing company. The commissioner
shall provide the towing company with  the  opportunity  for  a  hearing
within  ten  days  after the notification of suspension, after which the
commissioner shall forthwith make a determination  as  to  whether  such
suspension  should  continue  and  the length of such suspension, and in
addition  may  impose  any  penalty  or  sanction  authorized  by   this
subchapter.
  g.  Any  person participating in the rotation tow program who violates
the provisions of section 20-496 of this subchapter  regarding  engaging
in  towing  without  having  first  obtained  a  license for such towing
business and a license plate for each tow truck,  driving  or  otherwise
operating  a  tow truck or assisting in any activity for which a license
is required under this subchapter without having first  obtained  a  tow
truck  operator's  license,  or permitting or authorizing the driving or
other operation of a tow truck by  a  person  who  does  not  possess  a
current,  valid tow truck operator's license in violation of subdivision
c of section 20-496 of this subchapter shall be removed from the list of
approved towing companies and shall be ineligible for  participation  in
the rotation tow program for a period of six months. Any such person who
has  been  found  guilty  of  two  such  violations within the preceding
twenty-four month period shall be removed  from  the  list  of  approved
towing  companies  and  shall  be  ineligible  for  participation in the
rotation tow program for a period of one year.
  h. The commissioner may promulgate such additional rules as he or  she
deems necessary to effectuate the purposes of this section.

Section 20-520

Section 20-520

  § 20-520 Removal of disabled vehicles on highways. Notwithstanding any
other  provision  of  this  subchapter,  where  the authorization of the
commissioner of transportation or the police commissioner is required to
remove  a  disabled  vehicle  from  any  of  the   highways,   parkways,
expressways,  drives,  interstate routes, thruways and bridges set forth
in the traffic regulations of the department of transporation, it  shall
be  a  violation  of  this  section  to effect such removal without such
authorization.

Section 20-520.1

Section 20-520.1

  §  20-520.1  Acceptance  of  major  credit  cards  as  prerequisite to
participation in city towing programs; violations. a.  For  purposes  of
this section, the following terms shall have the following meanings:
  1.  "City  towing  program"  shall mean the directed accident response
program established pursuant to section 20-518 of this  subchapter,  the
special  accident  response  districts  established  pursuant to section
20-518.1 of  this  subchapter,  the  rotation  tow  program  established
pursuant  to  section 20-519 of this subchapter, the removal of disabled
vehicles on highways pursuant to  authorization  by  the  department  of
transportation  or the police department, and any program whereby a city
agency, pursuant to law, rule or agreement, directs a towing business to
tow a vehicle without the prior consent of such vehicle's owner for  any
reason  other than the towing of a vehicle in satisfaction of a judgment
for an outstanding debt to the city.
  2. "Major credit card" shall mean MasterCard, Visa, American  Express,
or Discover.
  b.  No  towing  business shall participate in any city towing program,
unless such towing business shall: (i) satisfactorily demonstrate to the
agency administering such program  or  authorizing  such  participation,
that such business accepts at least two major credit cards for towing in
accordance  with generally accepted business practices; (ii) notify such
agency in writing of the major credit cards accepted and any changes  in
the  major  credit cards such towing business accepts; and (iii) display
decals identifying the major credit cards accepted  on  all  tow  trucks
used  to  tow  vehicles  in  the  city  towing program in a manner to be
prescribed by the commissioner.
  c. Any person participating in a city towing program  who  shall:  (i)
fail to accept at least two major credit cards; or (ii) refuse to accept
a credit card which such person has informed the administering agency is
accepted  pursuant to subdivision b of this section, shall, after notice
and opportunity to be heard, be liable for a penalty not to  exceed  two
thousand  five  hundred  dollars  ($2,500). Any such person who has been
found guilty of three such violations within the  preceding  twenty-four
month  period  shall be removed from participation in such program for a
period of time to be determined by  the  commissioner  or  administering
agency but not to exceed one year; provided, however that the provisions
of  this  section shall not apply to any contract entered into between a
towing business and a city agency prior to the date of adoption  by  the
city council of the local law which added this section.

Section 20-521

Section 20-521

  §  20-521  Interagency advisory council. a. There is hereby created an
interagency advisory council  consisting  of  the  commissioner  of  the
police   department   and   the   commissioner   of  the  department  of
transportation who shall serve ex-officio, and a representative  of  the
office of the mayor designated by the mayor.
  b.  The interagency advisory council shall make recommendations to the
commissioner concerning the criteria for the  issuance  of  any  license
required  by this subchapter and for authorization to participate in the
rotation tow program and the directed accident response program. At  the
commissioner's  request,  the  interagency advisory council shall advise
and assist him or her on any other matter concerning the  regulation  of
towing in the city.

Section 20-522

Section 20-522

  §  20-522 Penalties. The penalties imposed by this section shall be in
addition to any other sanctions and orders which may be imposed  by  the
commissioner  pursuant to this chapter including but not limited to such
sanctions and orders which may be imposed pursuant to section 20-105  of
this  code.  Notwithstanding  the  provisions of subdivisions a and b of
section 20-106 of this code, the following  penalties  shall  apply  for
violations of this subchapter:
  a.  1.  Any  person  who  violates  the provisions of sections 20-496,
20-509, 20-515, paragraph two of subdivision  b  of  section  20-518  or
section  20-527  of  this subchapter or any rules promulgated thereunder
shall be guilty of a misdemeanor punishable by a fine of not  less  than
five  hundred  dollars  or  more  than  three  thousand  dollars,  or by
imprisonment for not more than ninety days, or by  both  such  fine  and
imprisonment.
  2.  Any person who violates the provisions of sections 20-496, 20-509,
20-515, paragraph two of subdivision b  of  section  20-518  or  section
20-527  of  this  subchapter or any rules promulgated thereunder who has
been found guilty of a violation of any of such sections or  such  rules
two  times within the preceding twenty-four month period shall be guilty
of a misdemeanor punishable by a fine of  not  less  than  one  thousand
dollars  or  more  than ten thousand dollars, or by imprisonment for not
more than six months, or by both such fine and imprisonment.
  3. A person who violates any provision of this subchapter  or  any  of
the  rules  promulgated  thereunder  and is not subject to the penalties
imposed pursuant to paragraphs one or two of this subdivision  shall  be
guilty  of  an offense punishable by a fine of not less than two hundred
fifty dollars or more than two thousand  five  hundred  dollars,  or  by
imprisonment  for  not  more  than ninety days, or by both such fine and
imprisonment. For every subsequent violation of the  same  provision  of
this  subchapter by the same licensee within a twenty-four month period,
the fine shall increase between one hundred and five hundred dollars per
violation.
  4. Except as otherwise specifically provided in paragraphs one or  two
of  this  subdivision,  there shall be no criminal penalties pursuant to
this subdivision for a violation of the provisions  of  sections  20-518
and 20-519 of this subchapter or any rules promulgated thereunder.
  b.  1.  In  addition  to  the penalties prescribed by paragraph one of
subdivision a of this section, any person who violates the provisions of
sections 20-496, 20-509, 20-515,  paragraph  two  of  subdivision  b  of
section  20-518  or  section  20-527  of  this  subchapter  or any rules
promulgated thereunder shall be liable for a civil penalty of  not  less
than five hundred dollars or more than three thousand dollars.
  2.  In  addition  to  the  penalties  prescribed  by  paragraph two of
subdivision a of this section, any person who violates the provisions of
sections 20-496, 20-509, 20-515,  paragraph  two  of  subdivision  b  of
section  20-518  or  section  20-527  of  this  subchapter  or any rules
promulgated thereunder who has been found guilty of a violation  of  any
such  sections  or such rules two times within the preceding twenty-four
month period shall be liable for a civil penalty of not  less  than  one
thousand dollars nor more than ten thousand dollars.
  3.  In  addition  to  the  penalties  prescribed by paragraph three of
subdivision a of this section, any person who violates any provision  of
this subchapter or any rules promulgated thereunder, other than sections
20-496, 20-509, 20-515, paragraph two of subdivision b of section 20-518
or   section  20-257  of  this  subchapter  and  any  rules  promulgated
thereunder, shall be liable for a civil penalty of  not  less  than  two
hundred  fifty  dollars  or more than two thousand five hundred dollars.
For every subsequent violation of the same provision of this  subchapter

by  the  same licensee within a twenty-four month period, the fine shall
increase between one hundred and five hundred dollars per violation.

Section 20-522.1

Section 20-522.1

  §  20-522.1  Violations  for  operating  without  a  license; seizure;
forfeiture. a. 1. For purposes of this section, the term  "owner"  shall
mean  an  owner  as  defined  in section one hundred twenty-eight and in
subdivision three of section three hundred eighty-eight of  the  vehicle
and traffic law.
  2.  For  purposes  of this section, the term "security interest" shall
mean a security interest as defined in  subdivision  k  of  section  two
thousand one hundred one of the vehicle and traffic law.
  b.  Any  police  officer  or  authorized  officer  or  employee of the
department, upon service upon the owner or operator of a tow truck of  a
notice  of violation for engaging in any activity for which a license is
required pursuant to subdivision a of section 20-496 of this  subchapter
without such license, may seize a tow truck which such police officer or
authorized  officer or employee has reasonable cause to believe is being
used in connection with such a violation. Any vehicle seized pursuant to
this subdivision shall be delivered into the custody of  the  department
or  other  appropriate  agency. The commissioner shall hold a hearing to
adjudicate the violation underlying the  seizure  within  five  business
days after the date of seizure and shall render his or her determination
within three business days after the conclusion of the hearing.
  c.  An  owner  shall be eligible to obtain release of a vehicle seized
pursuant to subdivision b of this section prior to the hearing  provided
for  in such subdivision, where such owner has not previously been found
liable for a violation for engaging in any activity for which a  license
is  required  pursuant  to  subdivision  a  of  section  20-496  of this
subchapter without such license, which violation was committed within  a
five-year  period  prior  to  the  violation  resulting  in seizure. The
vehicle shall be released to an eligible owner upon the  posting  of  an
all  cash  bond  in a form satisfactory to the commissioner in an amount
sufficient to cover the maximum fines or civil penalties  which  may  be
imposed  for  the  violation  underlying  the seizure and all reasonable
costs for removal and storage of such vehicle.
  d.  Where  the  commissioner,  after  adjudication  of  the  violation
underlying  the  seizure,  finds  that  the vehicle has not been used in
connection with engaging in any activity for which a license is required
pursuant to subdivision a of section 20-496 of this  subchapter  without
such  license,  the  department shall promptly release such vehicle upon
written demand of its owner.
  e.  Where  the  commissioner,  after  adjudication  of  the  violation
underlying  the  seizure,  finds  that  the  vehicle  has  been  used in
connection with engaging in any activity for which a license is required
pursuant to subdivision a of section 20-496 of this  subchapter  without
such  license,  then:  (i)  if  the vehicle is not subject to forfeiture
pursuant to  paragraph  one  of  subdivision  g  of  this  section,  the
department  shall  release  such vehicle to an owner upon payment of all
applicable fines and civil penalties and all reasonable costs of removal
and storage; or (ii) if the vehicle is subject to forfeiture pursuant to
paragraph one of subdivision g  of  this  section,  the  department  may
release  such  vehicle  to an owner upon payment of all applicable fines
and civil penalties and all reasonable costs of removal and storage,  or
may  commence  a  forfeiture  action  within  ten days after the owner's
written demand for such vehicle.
  f. Any vehicle that has not been claimed by the owner within ten  days
after  adjudication  by the commissioner of the violation underlying the
seizure shall be deemed by the department to be abandoned. Such  vehicle
shall  be  disposed  of  by  the  department  pursuant to section twelve
hundred twenty-four of the vehicle and traffic law.

  g. 1. In addition to any other fine, penalty or sanction provided  for
in section 20-522 of this code, a vehicle seized pursuant to subdivision
b  of  this section, and all rights, title and interest therein shall be
subject to forfeiture to the city upon notice and judicial determination
thereof  if the owner of such vehicle has been found liable at least two
times for using a vehicle in connection with engaging  in  any  activity
for  which  a  license  is required pursuant to subdivision a of section
20-496 of this subchapter without such license, both of which violations
were committed within a five-year period.
  2. A forfeiture action which is commenced pursuant to this subdivision
shall be commenced by the filing of a summons with notice or  a  summons
and  complaint in accordance with the civil practice law and rules. Such
summons with notice or a  summons  and  complaint  shall  be  served  in
accordance  with  the  civil practice law and rules on all owners of the
subject vehicle listed in the records maintained by  the  department  of
motor vehicles, or for vehicles not registered in New York state, in the
records  maintained by the state of registration. A vehicle which is the
subject of such action shall remain in the custody of the department  or
other   appropriate  agency  pending  the  final  determination  of  the
forfeiture action.
  3. Notice of the institution of the forfeiture action shall  be  given
by  first  class mail to all persons holding a security interest in such
vehicle which security interest has been filed with  the  department  of
motor  vehicles  pursuant  to the provisions of title ten of the vehicle
and traffic law, at the  address  set  forth  in  the  records  of  such
department,  or  for  vehicles  not  registered  in  New York state, all
persons who hold a security interest  in  such  vehicle  which  security
interest  has  been  filed  with  such  state  of registration and which
persons are made known by such state to the department, at  the  address
provided by such state of registration.
  4.  Any  owner  who receives notice of the institution of a forfeiture
action who claims an interest in the vehicle subject to  forfeiture  may
assert  a  claim  in  such  action  for  the  recovery of the vehicle or
satisfaction of the owner's interest in such vehicle. Any person with  a
security interest in such vehicle who receives notice of the institution
of  the forfeiture action who claims an interest in such vehicle subject
to forfeiture may assert a claim in such action for satisfaction of such
person's security interest in such vehicle.
  5. Forfeiture pursuant to this subdivision shall be  made  subject  to
the  interest of a person who claims an interest in the vehicle pursuant
to paragraph four of this subdivision,  where  such  person  establishes
that:  (i) the use of the vehicle for the conduct that was the basis for
seizure of the vehicle occurred without the knowledge of such person, or
if  such  person  had  knowledge  of  such use, that such person did not
consent to such use by doing all that could reasonably have been done to
prevent such use, and that such person did  not  knowingly  obtain  such
interest  in  the  vehicle  in  order  to  avoid  the forfeiture of such
vehicle; or (ii) that the conduct that was the basis  for  such  seizure
was  committed by any person other than such person claiming an interest
in the vehicle, while such vehicle was unlawfully in the possession of a
person who acquired possession thereof in violation of the criminal laws
of the United States or any state.
  6. The department or agency  having  custody  of  the  vehicle,  after
judicial  determination of forfeiture, shall, at its discretion, either:
(i) retain such vehicle for the official use of the  city  or;  (ii)  by
public  notice  of  at  least  five days, sell such forfeited vehicle at
public sale. The net proceeds of any such sale shall be  paid  into  the
general fund of the city.

  7.  In  any  forfeiture action commenced pursuant to this subdivision,
where the court awards a  sum  of  money  to  one  or  more  persons  in
satisfaction  of  such  person  or  persons'  interest  in the forfeited
vehicle, the total amount awarded to satisfy such interest or  interests
shall  not  exceed  the  amount  of  the net proceeds of the sale of the
forfeited vehicle after deduction of the lawful expenses incurred by the
city, including the reasonable costs  of  removal  and  storage  of  the
vehicle between the time of seizure and the date of sale.

Section 20-523

Section 20-523

  §  20-523  Enforcement.  Authorized  officers  and  employees  of  the
department and of the police department shall have the power to  enforce
any  provision  of this subchapter or any rule or regulation promulgated
hereunder.

Section 20-524

Section 20-524

  §  20-524  Applicability  of  subchapter. a. 1. The commissioner shall
grant an exemption from the provisions of this  subchapter,  other  than
section  20-520  of  this  subchapter,  to the following persons for the
operation of one or more tow trucks that are owned or operated  by  such
person and are used exclusively in the business of such person:
  (a)  a  vehicle  dismantler,  salvage  pool,  mobile  car  crusher, or
itinerant vehicle collector registered pursuant to section four  hundred
fifteen-a  of  the  vehicle  and traffic law, a scrap processor licensed
under article six-C of the general business law  and  certified  by  the
commissioner  of  motor  vehicles  of  the  state of New York as a scrap
processor, and a scrap collector certified by the commissioner of  motor
vehicles of the state of New York as a scrap collector who complies with
all licensing or permitting requirements applicable to such business;
  (b) a franchised public transportation operator;
  (c)  a common carrier of passengers by motor vehicle, a common carrier
of property by motor vehicle, a contract carrier of passengers by  motor
vehicle,  and  a  contract  carrier of property by motor vehicle as such
terms  are  defined  in  subdivisions  seven,  eight,  nine   and   ten,
respectively,  of section two of the transportation law when such common
carriers possess such appropriate operating authority as is required  by
applicable law;
  (d)  a  public utility company or a public utility corporation as such
terms  are  defined  in  subdivisions  twenty-three   and   twenty-four,
respectively, of section two of the public service law;
  (e)  an  owner of a vehicle licensed pursuant to chapter five of title
nineteen of the code;
  (f) an operator of a school bus as such term is defined in section one
hundred forty-two of the vehicle and traffic law; and
  (g) a motor-vehicle rental agency.
  2. An application for such exemption shall be made to the commissioner
in the form and manner prescribed  by  rule  of  the  commissioner.  The
commissioner  may  impose  a  reasonable  application  fee  to cover the
administrative  costs  of  granting  an  exemption.  A  certificate   of
exemption  shall be issued for each tow truck utilized by such person as
described above and shall be displayed in the manner prescribed by  rule
of  the commissioner. No certificate issued pursuant to this subdivision
shall be assignable or transferable or used for any tow truck other than
the tow truck for which it was issued.
  b. The licensing requirements of subdivision b of  section  20-496  of
this  subchapter  shall not be applicable to an individual employed by a
person who has been granted  a  certificate  of  exemption  pursuant  to
subdivision  a  of  this  section  when  such  individual  is driving or
otherwise operating a tow truck, or assisting in any activity for  which
a  license  is  required  under  this  subchapter,  and a certificate of
exemption has been issued for the tow truck utilized by such individual.
  c. This subchapter shall not be applicable to a governmental agency or
to any person who performs towing and storage  services  exclusively  on
the  premises of any facility operated by the port authority of New York
and New Jersey, or to an individual employed by either such entity  when
driving  or otherwise operating a tow truck or assisting in any activity
for which a license is required under this subchapter in the  course  of
his or her employment.
  d. The commissioner may by rule exempt from the provisions of sections
20-509  and  20-514  the  towing of certain classes of vehicles based on
their dimension, weight, or dimension and weight.
  e. Notwithstanding the provisions of subdivision c  of  this  section,
the  provisions of section 20-528 of this subchapter shall be applicable
to all city marshals and city agencies.

Section 20-525

Section 20-525

  §  20-525  Regulations. The commissioner may promulgate such rules and
regulations as he or she deems necessary to effectuate the  purposes  of
this subchapter.

Section 20-526

Section 20-526

  §  20-526  Tow  advisory board. There shall be a tow advisory board to
consist of nine members to  be  appointed  for  two-year  terms  by  the
commissioner,   upon  consultation  with  the  council,  to  advise  the
commissioner concerning matters relating to the tow industry,  including
the  preparation  of  rules  and  regulations  for the class of vehicles
commonly known as tow trucks and for the  owners  and  drivers  thereof.
Members  of the tow advisory board shall be chosen from licensed persons
who own or operate tow trucks or who are officers in  corporations  that
own  or  operate  tow trucks and other individuals who have knowledge of
the towing industry, its customers and its business practices, including
but not limited to, representatives  of  auto  insurance  companies  and
entities  having  a  pre-existing  contractual  obligation  or  business
arrangement to provide towing services to their customers.

Section 20-527

Section 20-527

  §  20-527  Credit cards to be accepted in payment. Any person licensed
pursuant to the provisions of this subchapter shall  accept  payment  in
person by credit card for any fees incurred in accordance with generally
accepted business practices.

Section 20-528

Section 20-528

  §  20-528 Police precinct notification. a. Within two hours subsequent
to the towing of any motor vehicle pursuant to  any  provision  of  this
code, any rules promulgated pursuant thereto or any rules promulgated by
the department of transportation pursuant to any other provision of law,
the  tow  truck  operator  or his or her designee shall notify the local
police precinct either in person or by electronic  submission  that  the
vehicle  was  towed.  Such  information  shall  be  made available, upon
request, to the owner of the vehicle or to any person authorized by  the
owner  to  have  possession  of the vehicle. Such list shall include the
make and model of the vehicle, its license plate number, the reason  why
the  vehicle  was  towed  and  the  location  and hours during which the
vehicle may be retrieved.
  b. The provisions of subdivision a shall not apply where  such  towing
is conducted in the physical presence of or with the consent of a person
in  charge  of  the  vehicle  or where, within two hours of such towing,
information relating to such towing is entered by  or  on  behalf  of  a
governmental  official  or  agency  into  the  New York statewide police
information network.

Section 20-529.

Section 20-529.

  §  20-529. Reporting on industry compliance. Beginning on November 15,
2011 and annually on that date thereafter, the New York city  department
of  consumer  affairs  shall  submit  a report to the council concerning
violations issued to tow  truck  licensees.  Such  annual  report  shall
contain  data  from the preceding twelve months that includes but is not
limited to: (a) the total number of violations issued, disaggregated  by
section  of  the  administrative  code violated; (b) the total number of
violations  issued  to  each  licensee;  (c)  the  number   of   license
suspensions,  disaggregated  by  licensee;  (d)  the  number  of license
revocations, disaggregated by licensee; and  (e)  the  total  number  of
meetings of the tow advisory board.