Loading...
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.
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 transportation, it shall be a violation of this section to effect such removal without such authorization.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028 and L.L. 1996/058.
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.
(Repealed L.L. 2023/068, 5/29/2023, eff. 6/28/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.
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.
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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028 and L.L. 1993/112.
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.
Loading...