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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.
No person shall cause or permit the removal of a disabled vehicle from an arterial highway, parkway, and expressway, roadway tunnel, and bridge, except by a licensed tow truck under authority issued by the Commissioner of the Department of Transportation as specified in the Traffic Regulations, § 2-256(j). Those who are issued arterial tow authority may charge the additional service fees as specified in § 2-256(j)(2) of the Traffic Regulations.
Note: All other rules within these regulations, in addition to the above, are applicable to permittees operating on arterial highways under permit from the Department of Transportation.
(a) Applicants must be licensed to engage in the business of towing by the New York City Department of Consumer Affairs. Applicants who apply to be in the DARP program must be licensed to engage in the business of towing for a period of not less than one year immediately prior to the date of their application. The applicant's business premises, which include the applicant's storage facilities and auxiliary storage facilities, must be located within the geographic boundaries of New York City. In addition, all of the tow truck operators employed by the licensee must be licensed as such by the Department and comply with all applicable laws and rules.
(b) Any vehicle with a maximum gross vehicle weight of less than fifteen thousand pounds which has been involved in a vehicular accident and which cannot be safely driven under its own power must be removed from the accident scene by the authorized DARP tower to the premises address on the responding company's license or to a location designated by a person in charge of such vehicle; provided, however, that such location is within the boundaries of the City of New York and placement of such vehicle is not in violation of any other law. A police officer may make the determination whether the vehicle may be safely driven under its own power. No vehicle removed from the accident scene to the DARP tower's premises address shall be left by a licensee on the street in front of, or adjacent to, the licensee's business premises (which include the licensee's storage facilities and auxiliary storage facilities).
(c) Applicants who apply to be in the DARP program must make application to participate only in the zone in which their business premises is located. Such premises shall be under the exclusive control of the applicant, shall not be used by any other towing company and shall consist of a 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 Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code are maintained. An applicant's approval to participate in DARP is valid only for such applicant's business premises as identified in its application that has been inspected and has qualified for participation in DARP. Such approval to participate in DARP is revoked when the business premises of such applicant is moved from the location that was identified in the application unless such move has been approved as provided in subdivision (aaa) of this section.
(d) Applications for the DARP program will be accepted by the Department on an ongoing basis. Upon approval, new participants will initially be placed at the bottom of the rotation list for the zone for which they have been accepted.
(e) In the event that a sufficient number of qualified, licensed companies do not make application for participation in a particular zone, the Commissioner may modify the proposed zones and assign qualified companies to such zones.
(f) Applicants for DARP must be willing and able to provide towing services, in the zone(s) for which they have applied to participate, seven days a week on a twenty-four hour a day basis.
(g) Applicants for DARP must immediately respond to a rotation call. To be eligible to participate in a particular zone, an applicant must be able to provide a tow truck at the disabled vehicle's location within thirty minutes after notification by the tow truck notification operator. If no DARP participant is available in the zone where the disabled vehicle is located the tow truck notification operator may call a DARP participant in a geographically adjacent zone.
(h) [Reserved.]
(i) [Reserved.]
(j) [Reserved.]
(k) Applicants must have a minimum of two (2) tow trucks for each zone for which they apply to participate, at least one of which must be a flat-bed tow truck suitable for removing accident vehicles.
(l) Applicants must own or possess and have at their immediate disposal equipment to tow vehicles with damaged or missing wheels.
(m) Applicants must own, lease, or sublease business premises, which include either indoor, or lighted and fenced outdoor, storage facilities. The storage facilities must have a locked gate and be suitable for the storage of vehicles. The minimum footage requirements for storage of DARP vehicles is 1,200 square feet per licensed tow truck over and above any storage requirements for the Rotation Tow Program. Applicants who apply to be in the DARP program on or after December 6, 1994 must demonstrate that the towing company owns, leases or subleases its business premises by providing the Department with a deed if the applicant owns such premises or by providing the Department with the actual lease or sublease agreement if the applicant leases or subleases such premises. Common or shared business premises, including storage facilities and auxiliary storage facilities, with another towing company is not permitted.
(n) Applicants must separate the storage facilities that they share with another company other than a towing company by a physical separation, such as a fence. Upon approval by the Department, applicants may use auxiliary storage facilities to satisfy the minimum footage requirements of subdivision (m) of this section. For those applicants who apply to be in the DARP program on or after December 6, 1994, any such auxiliary storage facilities shall be within 2,640 feet of the applicant's premises address. At the request of the owner of the disabled vehicle, his or her agent or an authorized insurance company representative, a vehicle being stored at the applicant's auxiliary storage facilities shall be immediately produced at the applicant's premises address and no fee other than fee authorized by 6 RCNY § 2-368 may be imposed for such production of such vehicle at the applicant's premises address.
(o) Participants shall take reasonable care to prevent damage to or loss of a customer's vehicle or personal property contained therein.
(p) Participants shall not be required to tow motor vehicles with a maximum gross vehicle weight of at least fifteen thousand pounds.
(q) Participants may withdraw from the DARP program thirty days after they have notified the Department, in writing, by regular mail, of their intention to end their participation.
(r) Participants shall pay a biennial fee of $300.
(s) [Reserved.]
(t) Participants must abide by all lawful instructions, directions and requests of the police official in charge of the accident.
(u) Participants must record in a bound record book, or in an electronic format as prescribed in subparagraphs ii or iii of paragraph 3 of subdivision b of 6 RCNY § 2-378, all calls for service, all occasions when towing service was rendered and the reason for refusal of any call to which they were unable to respond. If the participant elects to use a bound record book, the inside cover of the book kept for this purpose shall contain the DARP towing company's business name, premises address, towing zone number(s) and the dates the book covers. Each double page shall be consecutively numbered and must contain the following information:
Date and time Police Department tow truck notification
operator call was received
Name of person who accepted call
Disposition: Accepted/refused
Reason for refusal
Location vehicle towed from
Time tow was completed
Location vehicle towed to
Tow fees/Storage fees
Total charges
Fees paid by credit card: Y/N
Redemption date
Vehicle disposition
(v) Participants must be open for redemption of vehicles towed in the DARP program during the hours of 9 a.m. to 4 p.m., Monday through Friday. In addition, they must be opened for redemption from 9 a.m. to 4 p.m. on either Saturday or Sunday, as such participant has informed the Department in writing, provided, however, that if such participant fails to so notify the Department, the participant shall be deemed to have elected to be open for redemption from 9 a.m. to 4 p.m. on both Saturday and Sunday. In all instances, participants shall make vehicles immediately available for redemption to the owner of the disabled vehicle, his or her agent, or an authorized insurance company representative. The participant may be closed for redemption on New York City public holidays.
(w) No participant shall release a vehicle that has been involved in a vehicular accident and which cannot be safely driven under its own power to another towing company unless that towing company is 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 that towing company is based outside of New York City and thereby is not required to be licensed pursuant to such provisions of the New York City Administrative Code.
(x) Participants shall not release vehicles towed in the DARP program unless the person redeeming the vehicle presents sufficient proof that he or she is the owner of the vehicle or is the owner's agent. Sufficient proof of ownership includes the vehicle's New York State Department of Motor Vehicles' registration receipt (or equivalent out-of-state vehicle registration) or certificate of title. If the vehicle is being redeemed by an insurance company as agent for the owner, the insurance company shall present a notarized "receipt for release form" on the insurance company's letterhead signed by a representative of the insurance company. Upon presentation of sufficient proof of ownership and payment of the authorized charges, the disabled vehicle shall be immediately released. Payment of the authorized charges may be made in legal tender, by a major credit card for which a decal is required to be affixed to a tow truck as provided in 6 RCNY § 2-368.1, by a first party insurance check or in any other form acceptable to the licensee. At any time when a participant is required to be open for redemption pursuant to subdivision (v) of this section, any vehicle owner shall be permitted to inspect his or her vehicle and remove items of personal property contained therein if it can be dismantled and removed from the vehicle without the use of any tool, and any agent shall be permitted to inspect such vehicle, whether or not the payment for towing and storage has been made. No charge shall be assessed to the vehicle owner or the vehicle owner's agent for such inspection. The participant shall be given a receipt for any property removed from a vehicle while it is in the custody of the participant.
(y) After due notice and opportunity to be heard, the Commissioner may disqualify any towing company participating in the DARP program from continued participation in such program for violation of any of the provisions of § 20-518 of the New York City Administrative Code or any rule promulgated thereunder or upon the occurrence of any one or more of the conditions set forth in Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code which constitute grounds for suspension or revocation of any license issued under such subchapter. 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 DARP 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 Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code.
(z) The DARP tower must affirmatively disclose that a customer has the right to have his or her vehicle repaired at the facility of the DARP tower or at any other facility of the customer's choice. Such disclosure shall include, but not be limited to, the posting of a sign in a conspicuous place in the repair shop stating that: 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 A RIGHT TO HAVE YOUR MOTOR VEHICLE REPAIRED IN THE SHOP OF YOUR CHOICE.
(aa) Unless otherwise provided by law or by rule, the term "applicant" shall include (1) persons who are applying to participate in the DARP; and (2) DARP participants who are currently applying for renewal of their license to engage in the business of towing.
(bb) A participant who is to relocate his or her business premises from the location which has been approved by the Department for participation in DARP shall remain in such program only if:
(1) Such participant first notifies the Department in writing of the address of its new business premises and the effective date of such relocation. Such written notification shall be made no later than 15 days before the effective date of such relocation;
(2) The Department, upon receiving timely relocation notification, determines that the new location qualifies the participant to continue in the DARP and furnishes such participant a contingent approval to relocate its premises subject to such conditions as are specified therein; and
(3) The participant provides a sworn statement and such other proof as the Department may require that such participant has fully and completely complied with each condition specified in such contingent approval that relates to DARP requirements that can be fulfilled only after such business premises are relocated, such as, but not limited to, the required lettering on tow trucks, the place where the DARP log book is to be kept, and the place where calls to the business are answered. Failure to provide such a sworn statement, and such other proof as the Department requires, not later than 15 days after the effective date of such relocation shall void such contingent approval to relocate, and the participant shall be immediately removed from the DARP.
(a) Applicants must be licensed to engage in the business of towing by the New York City Department of Consumer Affairs. Applicants who apply to be in the ROTOW program on or after March 1, 1993 must be licensed to engage in the business of towing for a period of not less than one year immediately prior to the date of their application. In addition, all tow truck operators employed by the licensee must be licensed as such by the Department and comply with all applicable laws and rules.
(b) Applicants can only make application to participate in one primary zone and one geographic adjacent zone. The applicant's business premises must be located within the primary zone. Such premises shall be under the exclusive control of the applicant, shall not be used by any other towing company and shall consist of a 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 Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code are maintained.
(c) Applications for the ROTOW program will be accepted by the Department on an ongoing basis. Upon approval, new participants will initially be placed at the bottom of the rotation list for the zone for which they have been accepted.
(d) In the event that a sufficient number of qualified, licensed companies do not make application for participation in a particular zone, the Commissioner may modify the proposed zones and assign qualified companies to such zones.
(e) Applicants for ROTOW must be willing and able to provide towing services, in the primary and adjacent zone for which they have applied to participate, minimally on a five-day, twenty-four-hour a day basis. Applicants who will be available to respond to ROTOW calls for fewer than seven days a week shall notify the Department in writing and shall specify in such written notification which days of the week they shall be available. Furthermore, any change in the days of availability shall be submitted to the Department in writing at least thirty days prior to the effective date thereof. If no written notification is received regarding availability for fewer than seven days per week, applicants shall be deemed to have elected to accept ROTOW calls seven days a week.
(f) Applicants for ROTOW must immediately respond to a rotation call they accept. To be eligible to participate in a particular zone, an applicant must be able to provide a tow truck at the vehicle's location within thirty minutes after notification by the Police Department. If no ROTOW participant is available in the zone where the vehicle is located, the Police Department may call a ROTOW participant in the adjacent zone.
(g) Applicants must have a minimum of two (2) tow trucks for the zone for which they have applied to participate.
(h) Applicants must own or possess and have at their immediate disposal equipment to tow vehicles with damaged or missing wheels.
(i) Applicants must own, lease or sublease premises, which provide either indoor, or lighted and fenced outdoor, storage facilities. The storage facilities must have a locked gate and be suitable for the storage of vehicles. Applicants who apply to be in the ROTOW program on or after December 6, 1994 must demonstrate that the towing company owns, leases or subleases its business premises by providing the Department with a deed if the applicant owns such premises or by providing the Department with the actual lease or sublease agreement if the applicant leases or subleases such premises. The minimum footage requirements for storage of ROTOW vehicles is 1,600 square feet over and above any storage requirements for the Directed Accident Response Program. All vehicles towed pursuant to ROTOW must, at all times, be secured at the premises address of the responding company, or at its auxiliary storage facilities if such facilities have been approved by the Commissioner for storage of DARP vehicles pursuant to 6 RCNY § 2-371(n). At the request of the owner of a disabled vehicle, his or her agent or an authorized insurance company representative, a vehicle being stored at the applicant's auxiliary storage facilities shall be immediately produced at the applicant's premises address and no fee other than a fee authorized by 6 RCNY § 2-368 may be imposed for such production of such vehicle at the applicants premises address. Common or shared business premises with another towing company, including storage facilities and auxiliary storage facilities they share with another company other than a towing company by a physical separation, such as a fence. No participant shall release a vehicle to another towing company unless that towing company is 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 that towing company is based outside of New York City and thereby is not required to be licensed pursuant to such provisions of the New York City Administrative Code.
(j) Participants may withdraw from the ROTOW program thirty days after they have notified the Department, in writing, by regular mail, of their intention to end their participation.
(k) [Reserved.]
(l) Any participant who has failed to respond within 30 minutes to a call on three or more occasions within any 180 consecutive days may be suspended and/or removed from participation in the ROTOW program. Repeated refusal to accept rotational calls will also be a basis for suspension and/or removal from participation in the ROTOW program.
(m) Participants must abide by the Police Department's written orders, which establish the operating procedures for this program.
(n) Participants must abide by all lawful instructions, directions and requests of the police official in charge of the scene, incident, or location to which it or its representatives respond.
(o) Participants must record in a bound record book, or in an electronic format as prescribed in subparagraphs ii or iii of paragraph 3 of subdivision c of 6 RCNY § 2-378, all calls for service, all occasions when towing service was rendered and the reason for refusal of any call to which they were unable to respond. If the participant elects to use a bound record book, the inside cover of the book kept for this purpose shall contain the ROTOW towing company's business name, premises address, towing zone number(s) and the dates the book covers. Each double page shall be consecutively numbered and must contain the following information:
Date and time Police Department call was received
Caller: rank, name
Precinct voucher number
Precinct
Name of person who accepted call
Disposition: Accepted/refused
Reason for refusal
Location vehicle towed from
Time tow was completed
Storage location vehicle towed to
Tow fees/Storage fees
Total charges Fees paid by credit card: Y/N
Redemption date Vehicle disposition
(p) Participants must be open for redemption of vehicles towed in the ROTOW program during the hours of 9 a.m. to 4 p.m., Monday through Friday. In addition, they must be open for redemption from 9 a.m. to 4 p.m. on either Saturday or Sunday, as such participant has informed the Department in writing. In all instances, participants shall make vehicles immediately available for redemption to the owner of the disabled vehicle, his or her agent, or an authorized insurance company representative. The participant may be closed for redemption on New York City public holidays.
(q) Participants shall not release vehicles towed in the ROTOW program unless the person redeeming the vehicle presents sufficient proof that he or she is the owner of the vehicle or is the owner's agent. Sufficient proof of ownership includes the vehicle's New York State Department of Motor Vehicles registration receipt (or equivalent out-of-state registration) or certificate of title. If the vehicle is being redeemed by an insurance company as agent for the owner, the insurance company shall present a notarized "receipt for release form" on the insurance company's letterhead signed by a representative of the insurance company. Upon presentation of sufficient proof of ownership and payment of the authorized charges, the disabled vehicle must be immediately released. Payment of authorized charges may be made in legal tender, by a credit card in accordance with generally accepted business practices, by a first party insurance check or in any other form acceptable to the licensee. At any time when a participant is required to be open for redemption pursuant to subdivision (p) of this section, any vehicle owner or agent shall be permitted to inspect his or her vehicle and remove items of personal property contained therein whether or not the payment for towing and storage has been made. No charge shall be assessed to the vehicle owner or the vehicle owner's agent for such inspection. The participant shall be given a receipt for any property removed from a vehicle while it is in the custody of the participant.
(r) Participants who transfer an unclaimed vehicle into the custody of the Police Department Property Clerk shall be entitled to charge the Police Department amounts not in excess of those listed in § 20-519(c) of the Administrative Code of the City of New York.
(s) During the period commencing on the eighth day after the vehicle is removed to such storage facilities and ending on the thirtieth day after such removal, vehicles that have not been claimed must be transferred by the ROTOW participants into the custody of the Police Department Property Clerk. A ROTOW participant may continue to store at such ROTOW participant's storage facilities a vehicle that has been claimed by an owner or other person and shall be entitled to charge for such continued storage and storage rates ROTOW participants are entitled to charge owners or other persons claiming such vehicles pursuant to § 20-519(c)(1) of the New York City Administrative Code where such owner or such other person has claimed such vehicle before the end of the thirtieth day after such vehicle was towed and has entered into an agreement with such ROTOW participant for continued storage of such vehicle. An agreement for continued storage of a vehicle by a ROTOW participant may include provision for storage of such vehicle beyond the end of the thirtieth day after such vehicle was towed by such ROTOW participant.
(t) The following schedule of rates shall apply for vehicles towed under the Rotation Towing Program:
(1) Rates paid to towing company by owners or other persons claiming a vehicle:
(i) $125.00 flat rate towing fee for the towing of a vehicle registered at a weight of ten thousand pounds or less; $140.00 for the towing of a vehicle registered at a weight of more than ten thousand pounds.
(ii) $25.00 per/day storage for first three days.
(iii) $27.00 storage thereafter up to the maximum of thirty days.
(2) An additional charge of $50.00 may be charged for unusual recoveries requiring two tow trucks. Written authorization of the investigating police officer is required in the "Remarks" section of the invoice to substantiate the need for a second tow truck in unusual recovery circumstances.
(3) The special rate for this program shall be prominently posted within the participant's premises on a sign no less than 14 inches by 20 inches in size.
(4) Rates paid to towing company by the Police Department:
(i) $60 flat rate transfer fee for the unclaimed vehicles towed to the property clerk's facilities, plus tolls, when applicable.
(ii) $5.00 per/day storage for the first three days.
(iii) $8.00 per/day storage thereafter up to the maximum ten days.
(u) After due notice and opportunity to be heard, the Commissioner may disqualify any towing company participating in the ROTOW program from continued participation in such program for violation of any of the provisions of § 20-519 of the New York City Administrative Code or any rule promulgated thereunder or upon the occurrence of any one or more of the conditions set forth in Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code which constitute grounds for suspension or revocation of any license issued under such 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 ROTOW 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 Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code.
(v) Participants shall take reasonable care to prevent damage to or loss of a customer's vehicle or personal property continued therein.
(w) Unless otherwise provided by law or by rule, the term "applicant" shall include (1) persons who are applying to participate in the ROTOW program; and (2) ROTOW participants who are currently applying for renewal of their license to engage in the towing business.
(x) A participant who is to relocate his or her business premises from the location which has been approved by the Department for participation in the ROTOW program shall remain in the ROTOW program only if:
(1) Such participant first notifies the Department in writing of the address of its new business premises and of the effective date of such relocation. Such written notification shall be made not less than 15 days before the effective date of such relocation;
(2) The Department, upon receiving timely relocation notification, determines that the new location qualifies the participant to continue in the ROTOW program and furnishes such participant a contingent approval to relocate its premises subject to such conditions as are specified therein; and
(3) The participant provides a sworn statement and such other proof as the Department may require that such participant has fully and completely complied with each condition specified in such contingent approval that relates to ROTOW program requirements that can be fulfilled only after such business premises are relocated, such as, but not limited to, the required lettering on tow trucks, the place where the ROTOW log book is to be kept, and the place where calls to the business are answered. Failure to provide such a sworn statement, and such other proof as the Department requires, not later than 15 days after the effective date of such relocation shall void such contingent approval to relocate, and the participant shall be immediately removed from the ROTOW program.
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