Assembly Bill A3689

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3689

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. CASTRO -- read once and referred to the Committee
  on Transportation

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to requiring certain tow truck operators to  acquire  certain
  proof before towing a vehicle

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 20-510 of the administrative code of  the  city  of
New York, as amended by local law number 112 of the city of New York for
the year 1993, is amended to read as follows:
  S 20-510 Authorization to tow vehicles. A. No tow truck operator shall
tow  any  vehicle  for  which towing is necessary because of a vehicular
accident without an authorization signed by the person in charge of  the
vehicle  or a police officer which authorizes the towing of such vehicle
and, where applicable, authorizes  the  storage  of  such  vehicle.  The
authorization  shall  be  on a form prescribed by the commissioner which
shall require such information as the commissioner prescribes  by  rule,
including  the  following  information: the licensee's name, address and
business telephone number, the license assigned to  such  business,  the
department's  telephone  complaint  number,  the  rates  permitted to be
charged for towing and storage under section 20-509 of this  subchapter,
the  location  from which and the destination to which the vehicle is to
be towed, the year, the make, the model  and  the  department  of  motor
vehicles  license  plate  number of the vehicle to be towed, the name of
the person in charge of the vehicle, the time of the request for service
and any other information to be prescribed by rule of the  commissioner.
The  form must also contain the following language: "This is an authori-
zation for towing and, where requested, for storage and not an  authori-
zation  to  repair.  You have the right to have your vehicle repaired at
the facility of this towing company or any other establishment  of  your
choice."  Every  authorization form shall be executed and copies thereof

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07089-01-9
              

A. 3689                             2

shall be furnished to such parties and in such manner as the commission-
er may provide by rule.
  B.  NO  TOW TRUCK OPERATOR EMPLOYED BY A PRIVATE ENTITY ENGAGED IN THE
BUSINESS OF TOWING VEHICLES SHALL TOW ANY VEHICLE WITHOUT FIRST  OBTAIN-
ING  PHOTOGRAPHIC  PROOF  OF THE REASON FOR TOWING SUCH VEHICLE, IF SUCH
VEHICLE IS SUBJECT TO SUCH TOWING DUE TO AN ALLEGED  VIOLATION  OF  THIS
CODE  OR  THE VEHICLE AND TRAFFIC LAW. SUCH PRIVATE ENTITIES SHALL MAIN-
TAIN SUCH PHOTOGRAPHIC PROOF ALONG WITH ANY OTHER PERTINENT  INFORMATION
FOR  A  PERIOD OF NOT LESS THAN THREE MONTHS FROM THE DATE ON WHICH SUCH
VEHICLE WAS TOWED. SUCH RECORD OF SUCH TOWING SHALL BE AVAILABLE TO  THE
OWNER  OR  OPERATOR  OF SUCH VEHICLE UPON REQUEST. ANY FAILURE TO COMPLY
WITH THE PROVISIONS OF THIS SUBDIVISION SHALL BE SUBJECT TO  THE  PENAL-
TIES  OF  SECTION  20-522  OF  THIS  SUBCHAPTER.  THE PHOTOGRAPHIC PROOF
REQUIRED BY THIS SUBDIVISION SHALL CLEARLY  AND  ACCURATELY  DEMONSTRATE
THE VEHICLE WHICH IS SUBJECT TO TOWING AND THE PLACEMENT OF SUCH VEHICLE
ALLEGED TO BE IN VIOLATION OF THIS CODE OR THE VEHICLE AND TRAFFIC LAW.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.