(a) No tow truck operator shall tow a vehicle for which towing is necessary because of a vehicular accident without
(1) an authorization signed by the person in charge of the vehicle, or
(2) an authorization signed by a police officer who authorized the towing of such vehicle and where applicable, authorized the storage of such vehicle.
(b) The Authorization to Tow form for an accident vehicle towed pursuant to the Directed Accident Response Program shall be a printed form with such captions and blank spaces as are appropriate to insert the information to be furnished concerning the towing of a vehicle. Unless specifically provided otherwise, the printed text shall be in no less than 10 point type in a color that is sharply set off from the background color of the document. The transaction-specific information entered on the form shall be legibly hand printed on the original page with ink in a color that is sharply set off from the background color of the document. The original and all duplicate pages of each authorization form shall contain the following information and include the following statements worded substantially as specified, and in the order listed, below:
(1) the caption "AUTHORIZATION TO TOW" which shall be at the top of the document in 12 point, bold face type.
(2) the business name, address and telephone number of the tow truck company, as well as the company's Department of Consumer Affairs' license number to engage in the business of towing,
(3) the name, address, and telephone number of the person in charge of the vehicle or the owner of the vehicle, or the name and badge number of the police officer who authorized the tow and/or the storage of the vehicle.
(4) the date and time the vehicle is towed, the make and model of the vehicle being towed, as well as the year it was manufactured and the State vehicle license plate number.
(5) the tow truck operator's name, and his or her Department license number and the tow truck's New York State license plate number, and the Department license plate number assigned to such truck.
(6) the location, identified by address or the names of the nearest intersecting streets, where the vehicle was towed from and where it is towed to.
(7) the total distance of the tow, as shown by the starting and ending mileage, to the nearest whole mile, on the odometer of the towing vehicle.
(8) an itemized accounting of the fees and charges that are or will be due for the towing and storage of the vehicle as authorized by law or rule. Amounts charged for the following shall be separately listed and described, and fees and charges imposed at different rates shall be listed separately:
(i) the fee for towing a vehicle registered at a weight of ten thousand pounds or less shall not exceed $125 and for a vehicle registered at a weight of more than ten thousand pounds shall not exceed $140;
(ii) the fee for mileage, if applicable, for the distance traveled at a rate not exceeding $4.00 per mile or part thereof;
(iii) storage charges for each calendar day of storage at a rate not exceeding $25 per day for the first three days of storage and $27 per day for the fourth calendar day and each calendar day thereafter;
(iv) all tolls required to be paid while towing the vehicle;
(v) applicable sales tax for transactions in New York City;
(vi) a description of any other applicable fees or charges required to be paid as specifically authorized by law or rule.
(9) a statement in 12 point, bold face type specifying that: I DIRECT THAT THE VEHICLE BE TOWED TO THE FOLLOWING LOCATION: (with sufficient space left thereafter to enable the person in charge of the vehicle to write in the location where the vehicle is to be towed). The following statement shall be printed immediately below such statement: Unless you have directed otherwise above, your vehicle will be towed to: (insert the address of the approved storage facility where the vehicle will be towed).
(10) The following statement shall be printed in 12-point, bold face type immediately above the space reserved for the signature:
NOTICE TO THE CONSUMER
YOU ARE SIGNING AN AUTHORIZATION FOR TOWING AND, WHERE APPLICABLE, FOR THE STORAGE OF THIS VEHICLE. THIS IS NOT AN AUTHORIZATION TO REPAIR. YOU HAVE THE RIGHT TO HAVE THE VEHICLE REPAIRED AT THE FACILITY OF YOUR CHOICE.
ALL THE RATES TO BE CHARGED MUST BE COMPLETED BEFORE YOU SIGN. THE ACTUAL CHARGES DUE MAY BE FILLED IN AT THE COMPLETION OF THE TOW.
YOU HAVE THE RIGHT TO HAVE YOUR VEHICLE TOWED TO A LAWFUL LOCATION OF YOUR CHOICE WITHIN NEW YORK CITY.
DO NOT SIGN AN AUTHORIZATION FORM WITH ANY BLANK SPACES FOR INFORMATION TO BE COMPLETED BEFORE THE VEHICLE IS TOWED. YOU ARE ENTITLED TO A COPY OF THE FORM UPON SIGNING IT.
(11) The statement "I authorize the towing and, where applicable, the storage of the above vehicle to the location as specified above," shall be printed in 12-point, bold face type immediately after the above notice, with a space reserved for the signature and statement as shown below:
X ______________________________________
Signature of Owner or Person in Charge
(12) The statement and information shall be printed immediately below the signature line: "If you have any complaint concerning the charges for towing or about towing services, notify:
Department of Consumer Affairs Consumer Services Division
(Insert the Department's current address)
(Insert the Department's current telephone number for complaints)
(Insert the Department's current address)
(Insert the Department's current telephone number for complaints)
(13) The statement "PLEASE SEE CONSUMER'S BILL OF RIGHTS ON THE BACK OF THIS AUTHORIZATION FORM" shall be printed at the bottom of the page.
(c) The person paying any charges authorized by this or any other section of the law or rules shall be entitled to a copy of the Authorization to Tow form from the tow truck operator at no additional charge.
(d) No tow truck operator shall tow a vehicle for which towing is necessary because of a vehicular accident where the authorization of the commissioner of Transportation or the Police Commissioner is required as provided in § 20-520 of the Administrative Code of the City of New York except pursuant to the Authorization to Tow form that tow truck operators towing such vehicles are required to use pursuant to such authorization; provided, however, that if such authorization does not require such tow truck operators to use an authorization to tow form, such operators shall use an Authorization to Tow form approved by the Commissioner.