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(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.
(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 Evidence Vehicle 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 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) 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 Evidence Vehicle 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 Evidence Vehicle 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.
(f) Applicants for Evidence Vehicle 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 Evidence Vehicle participant is available in the zone where the vehicle is located, the Police Department may call an Evidence Vehicle 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) Participants may withdraw from the Evidence Vehicle program thirty days after they have notified the Department, in writing, by regular mail, of their intention to end their participation.
(j) [Reserved.]
(k) Repeated failure by a participant to meet the thirty minute requirement may be a basis for suspension or removal from participation in the Evidence Vehicle Program. Repeated unjustifiable refusal to accept rotational calls will also be a basis for suspension or removal from participation in the Evidence Vehicle Program.
(l) Participants must abide by the Police Department's written orders, which establish the operating procedures for this program.
(m) 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.
(n) Participants must record in a bound record book 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. The inside cover of the book kept for this purpose shall contain the Evidence Vehicle 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
Storage location vehicle towed to
Time tow was completed
Total Charges
(o) The following schedule of rates shall apply for vehicles towed under the Evidence Vehicle Towing Program:
$60.00 flat rate transfer fee for vehicles towed to the Police Department facility, plus tolls, when applicable.
An additional charge of $60.00 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.
(p) After due notice and opportunity to be heard, the Commissioner may disqualify any towing company participating in the Evidence Vehicle 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 Evidence Vehicle 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.
(q) Participants shall take reasonable care to prevent damage to or loss of a customer's vehicle or personal property contained therein.
(a) DARP applicants who apply to be in the DARP program on or after December 6, 1994 must make application to participate only in the zone in which their business premises is located.
(b) ROTOW and EVIDENCE VEHICLE applicants may apply for one Primary Zone and one Adjacent Zone. The Primary Zone must be the zone in which the business premises is located; the Adjacent Zone can be any zone which shares a border with the Primary Zone. Zones which are adjacent except for a body of water will be considered adjacent for purposes of the ROTOW and EVIDENCE VEHICLE programs.
(c) If enrolled in both the ROTOW and EVIDENCE VEHICLE programs, the Primary Zones must be identical, and the Adjacent Zones must be identical.
(a) The Tow Truck Industry Trust Fund (hereinafter, "The Fund") is established to provide for the payment of outstanding awards to aggrieved consumers and fines owed to the Department. The Fund shall be administered by the Comptroller of the City of New York pursuant to Section 93(j) of the Charter.
(b) Participation in the Fund.
(1) Those licensed to engage in the business of towing may elect to participate in the Fund in lieu of furnishing a bond or its cash equivalent as required by § 20-499 of Chapter 2 of Title 20 of the Administrative Code of the City of New York.
(2) Any tow truck company license applicant who elects to participate in the Fund must submit to the Department a check in the amount of two hundred dollars, made payable to the New York City Department of Consumer Affairs, prior to the issuance of the license to engage in the business of towing and prior to the expiration or cancellation date of the licensee's bond.
(3) The Commissioner may, from time to time, amend this regulation to require such additional contributions by participants in the Fund as the Commissioner determines to be necessary to maintain an amount in the Fund which is adequate to fulfill its purposes and to counteract depletion of the fund resulting from payments out of the Fund pursuant to subdivision (c) hereof.
(4) Fund participants may discontinue their participation in the Fund at any time by filing a bond pursuant to the Tow Truck Law Bond Requirement. No participant will be entitled to a refund of any monies contributed to the Fund unless the Fund is dissolved by the Commissioner. All such refunds will be disbursed in accordance with regulations promulgated by the Commissioner and in effect at the time of such dissolution.
(5) Participation in the Fund does not relieve a licensee of any obligation to pay awards and/or fines imposed by the Department or judgments and/or arbitration awards rendered against a licensee by a court of competent jurisdiction. In the event that a company's license is revoked, surrendered or the company fails to renew its license, and the Fund is invaded to pay an award, fine or judgment that was rendered against such company pursuant to the provisions herein, no license shall be issued or reinstated to such company owner or to any tow truck company in which such company owner is an officer, shareholder, partner or principal, unless the amount(s) paid out of the Fund on behalf of such company is reimbursed by such company in full.
(6) In the event that a tow truck company's license is revoked, surrendered or the company fails to renew its license and the Fund invaded to pay an award, fine or judgment that was rendered against such company pursuant to the provisions herein, the Commissioner or his or her designee shall have discretion to exclude such company owner or any tow truck company in which such company owner is a principal, from future participation in the Fund. The Commissioner or his or her designee may, in his or her discretion, require such tow truck company to comply with the Tow Truck Law Bond requirement.
(c) Invasion of the Fund.
(1) The Commissioner may require that disbursements be made from the Fund to pay outstanding awards to consumers and Departmental fines when:
(i) The Department has conducted an administrative hearing that results in a finding that tow truck company is in violation of a law, ordinance or regulation enforced by the Department; or a court of competent jurisdiction has rendered a judgment or an arbitration award against the company for damages suffered by a consumer arising out of towing services; and
(ii) The company has been ordered by the Department to pay an award to a consumer, a Departmental fine and/or to satisfy a judgment or arbitration award; and
(iii) The company has failed to pay such award to a consumer, a Departmental fine and/or satisfy a judgment or arbitration award, within 30 days of the date of the Department's order; and
(iv) The Department has revoked the company's or the company has surrendered or failed to renew said license after the Department's order.
(2) Disbursements will not be made from the Fund to pay an award, fine or judgment that is rendered against: a licensee who has furnished a bond, pursuant to the Tow Truck Law Bond Requirement; or Tow Truck Company who was never licensed by the Department or a participant in the Fund.
(3) Disbursements from the Fund will be made at the discretion of the Commissioner or his or her designee, provided, however, that invasion of the Fund shall be limited to no more than ten thousand dollars for all awards, fines and judgments arising out of a single tow service.
(4) The Commissioner or his or her designee may order that partial payment of awards, fines or judgments be made from the Fund.
(5) Nothing contained herein shall be construed to limit the rights and remedies of any party, including the Department, to pursue a cause of action against a tow truck company who is a participant in the Fund.
(6) Nothing contained herein shall be construed to create a right of any person to a portion of any of the Fund, except in the case of an award duly made by the Commissioner pursuant to the provisions herein.
(7) Nothing contained herein shall be construed to provide for the payment of awards or judgments tendered against Fund participants in personal injury actions.
(d) Accounting. The Commissioner shall, by January 31 of each year, cause an accounting to be made of all the Fund's activities during the preceding calendar year.
(a) Every applicant who claims an exemption from the licensing requirements of § 20-496, Subchapter 31, Chapter 2, Title 20 of the Administrative Code shall file an application for such exemption with the department, and shall submit proof satisfactory to the department in accordance with this section that the applicant is exempt pursuant to § 20-524 of such subchapter.
(b) Every applicant who claims an exemption pursuant to § 20-524 shall submit proof of such exemption, which shall consist of one or more of the following:
(1) An original New York State Department of Motor Vehicle registration authorizing such applicant to operate as a vehicle dismantler, salvage pool, mobile car crusher, or itinerant vehicle collector pursuant to § 415-a of the vehicle and traffic law, and a copy of the New York State Department of Motor Vehicle registration issued to such vehicle dismantler, salvage pool, mobile car crusher, or itinerant vehicle collector for each tow truck owned or operated by such vehicle dismantler, salvage pool, mobile car crusher, or itinerant vehicle collector;
(2) An original license under article six-C of the general business law certified by the New York State Department of Motor Vehicles authorizing such applicant to operate as a scrap processor, or an original certification by the Department of Motor Vehicles authorizing such applicant to operate as a scrap collector who complies with all the licensing or permitting requirements applicable to such business, and a copy of the New York State Department of Motor Vehicles, registration issued to such scrap processor or scrap collector for each tow truck owned or operated by such scrap processor or scrap collector;
(3) An original franchise agreement to operate as a franchised public transportation operator, and a copy of the New York State Department of Motor Vehicle registration issued to such operator for each tow truck owned or operated by such operator;
(4) Proof of the appropriate operating authority required by applicable law for a common carrier of passengers by motor vehicle, a common carrier of property by motor vehicle, a contract carrier of passengers by motor vehicle, or a contract carrier of property by motor vehicle, and a copy of the New York State Department of Motor Vehicle registration issued to such common carrier for each tow truck owned or operated by such common carrier;
(5) Proof satisfactory to the Commissioner that such applicant is an approved public utility company or public utility corporation as such terms are defined in subdivisions 23 and 24, respectively, of § 2 of the Public Service Law, and a copy of the New York State Department of Motor Vehicle registration issued to such company or corporation for each tow truck owner or operated by such company or corporation;
(6) An original New York City Taxi and Limousine Commission license to operate a vehicle licensed pursuant to Chapter 5, Title 19 of the Administrative Code, and a copy of the New York State Department of Motor Vehicle registration issued to such licensee for each tow truck owned and operated by such licensee;
(7) Proof satisfactory to the Commissioner that such applicant is an operator of one or more school buses as such term is defined in § 142 of the vehicle and traffic law, and a copy of the New York State Department of Motor Vehicle registration issued to such operator for each tow truck owned and operated by such applicant; or
(8) A certificate of insurance issued to an applicant which is a motor vehicle rental agency, a copy of a sample rental agreement used by such rental agency and a copy of the New York State Department of Motor Vehicle registration issued to such rental agency for each tow truck owned or operated by such rental agency.
(c) Each applicant shall present the current registration card and insurance card for each tow truck for which an exemption is sought. Where such applicant is required to pay the New York City commercial motor vehicle tax for one or more tow trucks pursuant to Chapter 8 of Title 11 of the Administrative Code, the applicant shall furnish proof of payment of such tax for each tow truck for which an exemption is sought. Such proof shall consist of a validated New York City Department of Finance Motor Vehicle Tax Receipt issued pursuant to such chapter.
(d) Each tow truck for which an exemption is sought must be registered under the same name as the applicant applying for the exemption.
(e) An exemption certificate is not transferable. An exemption certificate shall be deemed void upon
(2) any change in the ownership of a tow truck for which an exemption certificate has been issued.
(f) Any applicant who is issued one or more exemption certificates may not also own or operate any tow truck licensed by the department for use in the same business for which one or more exemption certificates were obtained.
(g) The biennial fee for each exempt tow truck shall be twenty-five dollars ($25). All exemption certificates issued pursuant to this section shall expire on December 31st in odd numbered years, unless such exemption is removed or revoked.
(h) Upon payment of the fee prescribed in subdivision g of this section and completion of the processing of the exemption application by the department, the commissioner will issue an exemption certificate to the applicant for each tow truck which is exempt under this section. Such certificate shall be affixed to the passenger side front windshield of each exempt tow truck, and may be affixed only by department personnel.
(i) After due notice and an opportunity for a hearing, any person who holds an exemption certificate issued pursuant to § 20-524 of Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code who is found not to be in compliance with one or more of the conditions for granting such exemption as set forth in § 20-524(a)91) of such code shall have all exemption certificates issued to such person revoked.
(a) Every applicant for a renewal of a license issued pursuant to § 20-496 of Chapter 2 of Title 20 of the New York City Administrative Code shall file with the application:
(1) A list of properties from which the licensee has contracted to tow vehicles. Such list shall include the address(es) from which the licensee has contracted to tow vehicles, the address to which such vehicles are towed, and the name, address and telephone number of the person(s) who contracted for the towing from each listed address; or,
(2) An affidavit stating that the applicant does not tow vehicles from private parking lots.
(b) Unless the licensee who has contracted to perform the towing has previously provided to the Department, in writing, the information required by subdivision (a)(1) of this section, within fifteen days of the execution of any contract for the towing of vehicles from private property, the licensee shall submit to the Department, in writing, the information specified in paragraph (a)(1) and not previously provided to the Department in writing.
(c) Within fifteen days of the date of the termination of any of its agreements to tow vehicles from private property, the licensee shall notify the Department, in writing, that the agreement has terminated and the date of such termination.
(d) A towing company shall not remove a vehicle from private property without the consent of such vehicle's owner or operator unless signs are posted on such property which are plainly visible and which contain the following information:
(1) The words "Warning!" and "Private Parking Lot"
(2) The words "Vehicles Subject to Towing"
(3) The conditions under which vehicles are subject to towing, including the hours and days when such towing may occur; and
(4) The name, address, telephone number, and DCA license number of the towing company that is authorized to tow vehicles from the property. The telephone number shall be within one of the telephone or cellular area codes assigned to telephones within New York City.
(5) The fees that will be charged for towing and storage, which shall not exceed the amounts specified in § 19-169.1(a) of the Administrative Code of the City of New York; and
(6) The hours during which the owners or operators of vehicles towed from such property may redeem towed vehicles, provided that such hours shall include all times during which vehicles may be towed from such property and at least 60 minutes after the latest time that vehicles are subject to towing from such property each day.
(e) (1) The signs required to be posted on private property pursuant to subdivision (d) of this section shall read substantially as follows (with the designated information to be inserted at the indicated spaces):
WARNING! (in red letters at least 5 inches high). PRIVATE PARKING LOT (in letters at least 2.5 inches high). (The following text shall be in letters at least 2 inches high.) PARKING PERMITTED {insert if applicable} FROM TO FOR (insert exact conditions under which parking is allowed*). VEHICLES ARE SUBJECT TO TOWING {insert if applicable} FROM TO (insert exact conditions under which vehicles are subject to towing**). $ Fees: (insert applicable lawful fee for towing and storage).*** (The following text shall be at least 3/4 of an inch high.) Towing performed by: (insert name of licensee). (Insert licensee's business address.) Consumer Affairs License Number: (insert licensee's license number) Call: (insert business phone number to release vehicle) to be called to release vehicle (or if applicable identify on site location where person can go to request the release of the vehicle). Redemption period: (insert applicable time during which vehicles may be redeemed.) DCA Complaint Number: (insert current telephone number). |
* The statement that "Parking permitted for patrons of [X, Y, Z stores] only" or a substantially similar statement that clearly identifies, by name, the store(s) that customers must be patronizing shall be used to describe the condition that parking is permitted only while at least one of the vehicle's occupant is patronizing an identified store or business establishment that is contiguous to such lot.
** A statement that "A vehicle is subject to towing if its occupants leave the private parking lot and no such occupant is patronizing any of the specified stores or business establishments for any reason or for any length of time" or a substantially similar statement shall be used to describe the condition that vehicles are subject to towing if all of its occupants leave the private parking lot and specified stores or business establishments for any reason or for any length of time.
*** The maximum amount to be paid to the towing company to release the towed vehicle, which amount may not exceed the charges authorized in § 19-169.1(a) of the New York City Administrative Code.
(2) The telephone number posted on the sign described in paragraph one of this subdivision shall be the telephone number that a person can call to request the redemption of the towed vehicle as provided in paragraph 6 of subsection (e) of this section.
(f) The background color for the signs specified in subdivisions (d) and (e) of this section shall be a color that is sharply distinct from both the red color used for the word "warning" as required in such subdivisions and the color of the text of such signs. The text of such signs shall be composed of capital block letters. The text and the background color of such signs shall be treated with a luminescent coating which shall make such text and such signs clearly visible twenty-four hours a day.
(g) The signs containing the information specified in subdivisions (d) and (e) of this section shall be placed in the following locations at or adjacent to the private property from which vehicles are towed:
(1) At each entry for vehicles, positioned so that the information on the sign is clearly and conspicuously visible to the driver as he or she drives the vehicle onto such private property.
(2) Along the outside perimeter of such private property and spaced so that signs are posted not more than 250 feet apart along the entire perimeter line of the private property, except that if a side along the perimeter is less than 250 feet from where a sign is required to be posted at an entrance or pedestrian access point, no such additional sign is required to be posted on such side. The top of each sign posted pursuant to this paragraph shall be not more than 8 feet nor less than 6 feet above the ground. Each such sign shall be positioned so that the required information is clearly and conspicuously visible to a person viewing it from the private property where vehicles are parked. The signs required to be posted pursuant to this paragraph are not required to be posted along the perimeter of the property where signs are posted pursuant to paragraph (3) of this subdivision and where pedestrian access to such private property is limited to the locations where such signs are posted.
(3) At each pedestrian exit from such private property to the adjacent street or sidewalk and at each point of pedestrian access from such private property to each store or business establishment that is contiguous to or near such private property, except that if the distance between entrances to adjacent stores or business establishments is 50 feet or less, such sign may be posted midway between the two adjacent entrances. The top of each sign posted pursuant to this paragraph shall be not more than 8 feet nor less than 6 feet above the ground. Each such sign shall be faced so the required information is clearly and conspicuously visible to anyone entering the store or business establishment from such private property.
(h) No tow operator shall remove a vehicle from private property without first obtaining written authorization from the owner of such property or the owner's agent who has been designated in writing to authorize such towing. The written authorization must be legible and shall include the date, time, location, make, model, color, and license plate number of the vehicle to be removed, and the name, title and signature of the person authorizing the towing. The licensee shall provide the owner or operator of the towed vehicle a copy of such authorization that also includes an itemized list of the fees that may be collected for the towing and storage of a vehicle towed from the property.
Every person or entity licensed to engage in towing must maintain records in an electronic format concerning every tow performed under the authority of the following: the Directed Accident Response Program ("DARP"), the Rotation Tow Program ("ROTOW"), the Arterial Towing Program, and the authority to remove vehicles improperly parked on private property provided by § 19-169.1 of the Administrative Code, as provided in this section.
(a) General Recordkeeping.
(1) The licensee must create an electronic folder in which it will maintain electronic copies of records for each tow. The licensee must label each electronic folder with the date on which the tow was performed, and must enter the date as "YYYYMMDD." The licensee must maintain the electronic folders in chronological order.
(2) Each electronic folder must contain an electronic copy of each of the following documents:
(i) a completed authorization to tow,
(ii) a receipt for the towing services, and
(iii) a copy of the credit card record of payment for the towing services, if any.
(b) Records of Directed Accident Response Program (DARP) Tows.
(1) For towing service performed under DARP, the licensee must maintain an electronic copy of the authorization required by 6 RCNY § 2-367(a), (b) or (d), which will constitute the authorization required by paragraph 2 of subdivision a of this section.
(2) In addition to the records required by paragraph 2 of subdivision a, the licensee must include in each electronic folder for a DARP tow a copy of the documents required to be presented by 6 RCNY § 2-371(x) demonstrating that the person who redeems the vehicle is its owner or the agent of the owner.
(3) The licensee must make an electronic record of the same information that is required to be maintained in a bound record book by 6 RCNY § 2-371(u). The licensee must make the electronic record by one of the following methods:
(i) making an electronic copy of the bound record book at least once each week,
(ii) not later than one business day after the occurrence of the event being recorded, entering the information in English on an electronic form in a format provided by the Department as an Excel spreadsheet and accessible at an Internet address provided by the Department, or
(iii) not later than one business day after the occurrence of the event being recorded, entering the information in English on a spreadsheet, local application or web-based system that (a) has all fields named, ordered and in all respects identical to the fields in the Excel file provided by the Department and (b) is in an Excel-readable format.
(c) Records of Rotation Tow Program (ROTOW) Tows.
(1) For towing service performed under ROTOW, the licensee must maintain an electronic copy of the completed New York City Police Department form PD 571-147, which will constitute the authorization required by paragraph 2 of subdivision a of this section.
(2) In addition to the records required by paragraph 2 of subdivision a, the licensee must include in each electronic folder for a ROTOW tow a copy of the documents required to be presented by 6 RCNY § 2-372(q) demonstrating that the person redeeming the vehicle is its owner or the agent of the owner and a copy of any agreement signed by the owner of the vehicle or other person pursuant to 6 RCNY § 2-372(s) authorizing continued storage of the vehicle.
(3) The licensee must make an electronic record of the same information that is required to be maintained in a bound record book by 6 RCNY § 2-372(o). The licensee must make the electronic record by one of the following methods:
(i) making an electronic copy of the bound record book at least once each week,
(ii) not later than one business day after the occurrence of the event being recorded, entering the information in English on an electronic form in a format provided by the Department as an Excel spreadsheet and accessible at an Internet address provided by the Department, or
(iii) not later than one business day after the occurrence of the event being recorded, entering the information in English on a spreadsheet, local application or web-based system that (a) has all fields named, ordered and in all respects identical to the fields in the Excel file provided by the Department and (b) is in an Excel-readable format.
(d) Records of Arterial Towing Program Tows.
(1) For towing service performed under the Arterial Towing Program, the licensee must maintain an electronic copy of the completed authorization to tow required by the New York City Police Department, which will constitute the authorization required by paragraph 2 of subdivision a of this section.
(2) In addition to the records required by paragraph 2 of subdivision a, the licensee must include in each electronic folder for an Arterial Towing tow a copy of the documents provided to the licensee demonstrating that the person redeeming the vehicle is its owner or the agent of the owner.
(e) Records of Tows to Remove Vehicles Improperly Parked on Private Property.
(1) For tows that remove vehicles improperly parked on private property, the licensee must maintain in each electronic folder an electronic copy of the written authorization required by § 19-169.1(c) of the Administrative Code of the City of New York and 6 RCNY § 2-377(h) from the owner of the property or the owner's agent who has been designated in writing to authorize such towing. This authorization will constitute the authorization required by paragraph 2 of subdivision a of this section.
(2) In addition to the records required by paragraph 2 of subdivision a, the licensee must include in each electronic folder for a tow from private property an electronic copy of the trip record required by § 19-169.1(f) of the Administrative Code and the signed receipt of the person paying removal and storage charges issued pursuant to § 19-169.1(h) of the Administrative Code.
(3) A licensee that performs towing services from private property must make an electronic copy of every contract between the licensee and the owner of private property required by § 19-169.1(c) of the Code. The electronic copy must be labeled with the address of the private property, the name of the owner of the private property and the date of the contract.
(f) Roster of Drivers. On the first Friday of each month, a licensee that performs DARP, ROTOW, Arterial Towing tows or tows to remove vehicles improperly parked on private property must prepare a roster of persons providing towing services for the licensee, including, but not limited to employees and independent contractors, on that date. The roster information must contain the name, address and Department license number of each driver and must be entered in English on either (1) an electronic form in a format provided by the Department as an Excel spreadsheet and accessible at an Internet address provided by the Department or (2) a spreadsheet, local application or web-based system that (i) has all fields named, ordered and in all respects identical to the fields in the Excel file provided by the Department and (ii) is in an Excel-readable format.
(g) Format and Preservation of Records.
(1) For purposes of this rule, an electronic record or copy means a document that has been scanned or converted to a Portable Document Format ("PDF") or Tagged Image File Format ("TIFF") that legibly reproduces the original document in all details, including any markings in the margins of the paper document.
(2) If the original of any document contains an attachment, the document must be scanned once with the attachment and once with the attachment removed.
(3) Each electronic copy of a document concerning a tow must be labeled electronically with (i) the licensee's DCA license number, (ii) the license plate number and state of issuance of the vehicle towed, and (iii) the date of the tow, which must be entered as "YYYYMMDD."
(4) Each electronic copy must be electronically labeled with the date and time that the file was created.
(5) At least once each week, the licensee must save the electronic records required by this section, with all electronic folder information intact, to a CD-ROM, DVD-ROM or other write-once media or device, and immediately make a second copy to a write-once media or device. The second copy must be stored off-site. The licensee must maintain the second copy write-once media or device in a manner designed to ensure its security and preservation, including by keeping it in a location separate from the original image file. Each such write-once media or device must be labeled with the licensee's name, license number, the date range of the records stored on the media or device, and the date it was created.
(h) Tampering Prohibited.
(1) A licensee must not tamper with the electronic records required by this section after a PDF or TIFF image is made by modifying, amending, deleting, rearranging or in any other way altering any such data or properties including but not limited to using a meta data scrubber or similar device or program.
(2) If a typographical error has occurred or if data contained in the licensee's record maintained under paragraph 3 of subdivision b or paragraph 3 of subdivision c of this section were accidentally omitted from the electronic data entry, the original record must not be deleted. A new record must be created and be marked "Amended," and the corrected data must be identified by entering it in italics.
(i) Implementation Affirmation. Within sixty (60) days of the effective date of this section, a licensee must submit an affirmation to the Department that it is maintaining electronic records in compliance with this section. After the effective date of this section, no license will be issued until the towing company files with the Department an affirmation that it will comply with this section and no license will be renewed unless the licensee submits an affirmation that it is complying with this section.
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