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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.
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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.
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 section 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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028 and L.L. 1993/112.
The commissioner may promulgate such rules and regulations as he or she deems necessary to effectuate the purposes of this subchapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.
(Repealed L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.
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