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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
* § 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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.
§ 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.