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.