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(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.
(a) Every owner or person in charge of an accident vehicle subject to the Directed Accident Response Program shall be provided a document entitled "Consumer Bill of Rights Regarding Towing of Accident Vehicles and Repair Shops" before such person signs the Authorization to Tow form as provided in 6 RCNY § 2-367. If the towing of an accident vehicle is authorized by a police officer as provided in 6 RCNY § 2-367, the "Consumer Bill of Rights Regarding Towing of Accident Vehicles and Repair Shops" shall be provided to the owner or person in charge of the vehicle before such vehicle is towed from the accident scene, such as when that person discusses the disposition of the vehicle with such towing company; 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 other person in charge of such vehicle first appears at the premises of such towing company.
(b) The "Consumer Bill of Rights Regarding Towing of Accident Vehicles and Repair Shops" shall have printed on it at the top of the page in capital, block face letters and in 14 point bold face type the caption CONSUMER BILL OF RIGHTS REGARDING TOWING OF ACCIDENT VEHICLES AND REPAIR SHOPS followed by statements in the sequence listed below in 10 point type in a color that sharply sets the text off from the background color of the document except that text included below in capital letters shall be in 10 point bold face type:
"NOTICE OF RIGHTS AND OPTIONS WHEN YOUR ACCIDENT VEHICLE IS TOWED."
Information about the towing of the vehicle.
"Your accident vehicle must be towed by the towing company that has been directed to do so by the Police Department."
YOU HAVE A RIGHT TO DIRECT THE TOWING COMPANY TO TOW THE VEHICLE TO ANY LOCATION WITHIN THE BOUNDARIES OF NEW YORK CITY, provided the vehicle can be legally left in the location you select. You must indicate on the Tow Authorization form where you want the vehicle towed. If you do not designate a location, the towing company is required to tow the vehicle to its authorized storage facility.
You or any person you select, including your insurance agent or adjuster, must be provided, at no extra charge, with reasonable access to view the accident vehicle during normal business hours at the towing company's storage facilities, but any insurance agent or insurance adjuster for a third party may have access only upon furnishing written confirmation they are representing such third party having a claim or defense arising from an accident involving such vehicle.
The Authorization to Tow form you sign ONLY AUTHORIZES the towing company to tow your vehicle and to store it at the storage facility of the towing company until you arrange to remove the vehicle. The towing company CANNOT use the towing authorization as an authorization to initiate repairs on the vehicle. UNLESS YOU HAVE SEPARATELY AUTHORIZED THE TOWING COMPANY'S REPAIR SHOP TO MAKE REPAIRS, YOU ARE NOT RESPONSIBLE FOR THE COST OF REPAIRS MADE BY SUCH REPAIR SHOP.
The rates charged for towing and storage cannot exceed those listed below for vehicles weighing 10,000 pounds or less:
Tow to towing company's storage facilities (including mileage) | $125 |
Tow to location other than towing company's storage facilities (excluding mileage) | $125 |
Charge per mile if towed to location other than towing company's storage facilities | $4.00 |
Storage charge for each calendar day for the first three days of storage* | $25 |
Storage charge for each calendar day for the fourth day of storage or thereafter* | $27 |
Road tolls actually paid | $_____ |
Sales tax rate currently in effect | $_____ |
* Rate does not apply to a vehicle with commercial plate and maximum gross vehicle weight of at least 6,000 pounds.
You have a right to pay towing and storage fees in cash or by at least two major credit cards identified by a decal on the tow truck, but a tow company is not obligated to take a check.
You may redeem your vehicle during a towing company's normal business hours.
Information about Repair of Vehicle
You are entitled to have the vehicle repaired by the repair shop of your choice. Within 30 minutes after the payment of all lawful charges (see above), the towing company must make the vehicle available to you or anyone you designate. A towing company may charge a fee of up to $25 for positioning your vehicle so it can be towed away by the tow truck of another company that is using a tow truck capable of towing three or more vehicles simultaneously.
No insurance company can require you to have the vehicle repaired by a specific repair shop.
You are entitled to request that your insurer recommend a repair shop. If you choose to have your vehicle repaired by a repair shop recommended by your insurer, your insurer becomes responsible for the adequacy of the repairs made by that repair shop.
(a) 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 $125 for the first ten miles or fraction thereof, $4 for each additional mile or fraction thereof, and all tolls required to be paid while towing the vehicle.
(b) Charges for the storage of vehicles following a towing of a disabled passenger vehicle from an arterial roadway by an arterial tow permittee shall not exceed $25 for each twenty-four hours or fraction thereof for the first three days of storage and $27 for the fourth day of storage and each day thereafter.
(c) Charges for the towing of vehicles shall not exceed $100 plus all tolls required to be paid while towing the vehicle; provided, however, that where a motor vehicle has been booted by a person licensed, pursuant to Subchapter 32 of Chapter 2 of Title 20 of the New York City Administrative Code 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. The rates in this subdivision shall not apply to the towing of motor vehicles pursuant to a contract which was in existence prior to the need for the towing of such vehicles, provided that such motor vehicles are either owned or leased by the person who entered into such contract.
(d) Charges for the storage of vehicles shall not exceed $25 for each twenty-four hours or fraction thereof for the first three days of storage and $27 dollars for the fourth day of storage and each day thereafter. The rates in this subdivision shall not apply to the storage of motor vehicles pursuant to a contract which was in existence prior to the need for storage of such vehicles, provided that such motor vehicles are either owned or leased by the person who entered into such contract.
(e) Towing and storage rates for vehicles other than passenger vehicles are provided for by 34 RCNY § 4-07(i).
(f) (1) Where unusual preparation is required before a vehicle can be towed, additional charges may be imposed not to exceed $12.00 per tow truck for each 1/4 hour or part thereof, provided, however, that no such charge may be imposed or collected if an accident vehicle is towed pursuant to the Directed Accident Response Program. Unusual preparation includes winching or righting a vehicle or any other preparation necessary to put the vehicle in a position where it can be hooked or raised to the tow truck.
(2) Notwithstanding paragraph one of this subdivision, a towing company which has towed a vehicle to its storage facilities may charge an additional amount not to exceed $25 for the positioning of such vehicle for removal from such storage facilities by the tow truck of another towing company that is capable of towing three or more vehicles simultaneously. Such other towing company must be licensed or otherwise exempt from the licensing provisions of Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code, or must be based outside of New York City and thereby not be required to be licensed pursuant to such provisions of the New York City Administrative Code.
(Amended City Record 1/28/2019, eff. 2/27/2019)
(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 § 20-518 of the Administrative Code of the City of New York, the rotation tow program established pursuant to § 20-519 of such Code, 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) A towing business that participates in any city towing program shall have permanently affixed to each tow truck used to tow vehicles in such city tow program decals identifying the major credit cards accepted as payment for towing under such program in accordance with §20-520.1 of the Administrative Code of the City of New York. Each such decal shall be no less than three and three-sixteenth inches wide by two inches high, and shall be securely affixed by means other than a magnet immediately above or below the space where the legal rates for towing and storage are painted on the tow truck or immediately below the legal rates for towing and storage are painted on the tow truck or immediately below the place where such tow truck company's name, address and telephone number are painted on the door of the tow truck in accordance with 6 RCNY § 2-362(n)(4). If such major credit cards are not accepted by such towing business as payment for towing performed outside the scope of such city towing program, such towing business shall also paint immediately below such decals on each tow truck used to tow vehicles in such city towing program in letters at least one and one-half inches high the words "THESE CARDS ACCEPTED ONLY FOR TOWING UNDER FOLLOWING CITY TOWING PROGRAM" followed by a listing of each applicable program. If such limitation is not so disclosed on a tow truck used by a towing business in any city towing program, such towing business shall accept the major credit cards it has identified by such decals as payment for any services performed by such towing business.
(c) No later than ten days before a change in the major credit cards accepted for payment by a towing company participating in any city towing program becomes effective, such towing business shall notify the Department in writing of any such change, and shall certify to the Department in a sworn statement that the credit card decals required to be affixed pursuant to subdivision b of this section have been modified to reflect such change.
No person licensed to engage in the business of towing, through any employee or agent, may obtain at the scene of an accident the signature of any person authorizing the repair of a vehicle disabled in the accident or at a hospital, if such person requires hospitalization, until at least twenty-four hours after the accident. Any such written authorization so obtained shall be voidable at the option of the owner or of the person in charge of the vehicle.
(a) An "Authorization to Repair" shall not be signed at the scene of an accident. It can be signed only at:
(1) The place to which the vehicle is towed; or
(2) The home of or place designated by the person in charge of a disabled vehicle; or
(3) The hospital, if such person requires hospitalization. In such case, the authorization shall not be presented to the injured party for signature at the hospital until at least twenty-four hours after the accident.
(b) Any "Authorization to Repair" which is not properly completed shall be voidable at the option of the owner or the person in charge of a disabled vehicle. It shall be the responsibility of the tow truck operator to make certain that the person signing the "Authorization to Repair" writes in his or her own handwriting the location where the form is signed. No blank "Authorization to Repair" forms shall be carried on a tow truck or on the person of a tow truck operator while on a tow truck.
(c) The authorization to repair form shall require the following information:
(1) The tow truck company's name, address and business telephone number.
(2) The name, signature, address, and telephone number of the person in charge of the disabled vehicle.
(3) The make, type and year of manufacture of the disabled vehicle.
(4) The New York State Department of Motor Vehicle registration number of the disabled vehicle.
(5) The date and time the authorization is signed.
(6) The operator's name and license number.
(7) A notice to the owner or person in charge of the damaged vehicle to read as follows:
NOTICE: TO OWNER OR PERSON IN CHARGE OF DAMAGED VEHICLES: PLEASE READ ALL PRINTED MATTER BEFORE SIGNING. ALL COMPLAINTS AS TO QUALITY OF REPAIRS MUST BE MADE TO THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES. NO TOWING COMPANY OR INSURANCE COMPANY MAY REQUIRE THAT REPAIRS BE MADE TO A MOTOR VEHICLE IN A PARTICULAR PLACE OR REPAIR SHOP. YOU HAVE THE RIGHT TO HAVE YOUR MOTOR VEHICLE REPAIRED IN THE SHOP OF YOUR CHOICE.
(8) A statement of the following:
You cannot be required to sign this "AUTHORIZATION TO REPAIR" at the scene of an accident. 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. Before signing your name to the bottom of this form, write in your own handwriting in the space provided below your name and the address of the premises at which this form is signed.
(9) Statement to appear on form along with a space provided for signature: I AUTHORIZE THE REPAIR OF THE VEHICLE INDICATED ABOVE.
(10) Statement to appear on form: ALL OF THE ABOVE ENTRIES MUST BE MADE AT THE TIME THE AUTHORIZATION TO REPAIR IS SIGNED.
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