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 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 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, which is in the custody of the police department property clerk the charge 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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028 and L.L. 1993/112.