S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8858
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2025
                                ___________
 
 Introduced by M. of A. ROMERO -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to setting maximum
   rates  that  may be charged for the towing and subsequent storage of a
   motor vehicle
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-xxx to read as follows:
   § 399-XXX. PASSENGER CAR TOWING RATES. 1. (A) FOR THE PURPOSES OF THIS
 SECTION,  A  "PASSENGER  CAR"  IS A VEHICLE WITH A MAXIMUM GROSS VEHICLE
 WEIGHT UNDER FORTY-FIVE HUNDRED POUNDS.
   (B) EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION OR ANY OTHER
 PROVISION OF LAW, CHARGES FOR THE TOWING OF PASSENGER VEHICLES SHALL NOT
 EXCEED ONE HUNDRED DOLLARS PLUS ALL TOLLS  REQUIRED  TO  BE  PAID  WHILE
 TOWING  THE VEHICLE. IF A MOTOR VEHICLE HAS BEEN BOOTED BY A PERSON DULY
 LICENSED TO DO SO IN A PRIVATE LOT  AND  SUCH  VEHICLE  IS  SUBSEQUENTLY
 TOWED,  NO ADDITIONAL CHARGE MAY BE IMPOSED FOR THE TOWING OF SUCH VEHI-
 CLE.
   (C) THE RATES IN THIS SECTION 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) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO CITIES HAVING  A
 POPULATION OF ONE MILLION OR MORE.
   2.  CHARGES  FOR  THE  TOWING  OF  DISABLED PASSENGER VEHICLES FROM AN
 ARTERIAL ROADWAY BY AN ARTERIAL TOW PERMITTEE SHALL BE ONE HUNDRED TWEN-
 TY-FIVE DOLLARS FOR THE  FIRST  TEN  MILES  OR  FRACTION  THEREOF,  FOUR
 DOLLARS  FOR  EACH  ADDITIONAL  MILE  OR FRACTION THEREOF, AND ALL TOLLS
 REQUIRED TO BE PAID WHILE TOWING SUCH VEHICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11787-01-5
 A. 8858                             2
              

 
   3. EXCEPT AS OTHERWISE PROVIDED, CHARGES FOR STORAGE OF TOWED VEHICLES
 SHALL NOT EXCEED TWENTY-FIVE DOLLARS FOR EACH TWENTY-FOUR-HOUR PERIOD OR
 FRACTION THEREOF FOR THE FIRST THREE DAYS OF  STORAGE  AND  TWENTY-SEVEN
 DOLLARS FOR THE FOURTH DAY OF STORAGE AND EACH DAY THEREAFTER.
   4.  (A)  WHERE UNUSUAL PREPARATION IS REQUIRED BEFORE A VEHICLE CAN BE
 TOWED, ADDITIONAL CHARGES MAY BE IMPOSED NOT TO  EXCEED  TWELVE  DOLLARS
 PER  TOW TRUCK FOR EACH QUARTER HOUR OR PART THEREOF, PROVIDED, HOWEVER,
 THAT NO SUCH CHARGE MAY BE IMPOSED OR COLLECTED  FOR  THE  TOWING  OF  A
 VEHICLE INVOLVED IN AN ACCIDENT FROM THE SCENE OF SUCH ACCIDENT. UNUSUAL
 PREPARATION  INCLUDES WINCHING OR RIGHTING A VEHICLE OR ANY OTHER PREPA-
 RATION NECESSARY TO PUT THE VEHICLE IN A POSITION WHERE IT CAN BE HOOKED
 OR RAISED TO THE TOW TRUCK.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A TOWING COMPA-
 NY WHICH HAS TOWED A VEHICLE TO ITS STORAGE  FACILITIES  MAY  CHARGE  AN
 ADDITIONAL  AMOUNT NOT TO EXCEED TWENTY-FIVE DOLLARS 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.
   5. (A) A TOW TRUCK OPERATOR SHALL NOT REQUIRE THE PAYMENT OF  ANY  FEE
 OR  CHARGE  FOR  TOWING  AND  STORAGE OF A VEHICLE, OR ANY FEE OR CHARGE
 DIRECTLY OR INDIRECTLY RELATED TO TOWING AND STORAGE OF A VEHICLE,  THAT
 IS NOT SPECIFICALLY AUTHORIZED BY LAW OR RULE.
   (B)  A  CHARGE  FOR  THE  TOWING  AND STORAGE OF VEHICLES SHALL NOT BE
 IMPOSED BY ANY PERSON WHO DOES NOT HAVE A LICENSE TO ENGAGE  IN  TOWING,
 AS  REQUIRED BY SECTION FIVE HUNDRED ONE OF THE VEHICLE AND TRAFFIC LAW,
 OR WHOSE VEHICLE IS NOT REGISTERED  AS  A  TOW  TRUCK,  AS  REQUIRED  BY
 SECTION  FOUR  HUNDRED ONE-B OF THE VEHICLE AND TRAFFIC LAW, AT THE TIME
 THAT THE TOWING AND STORAGE SERVICES ARE PERFORMED.
   § 2. The general business law is amended by adding a new section  399-
 xxxx to read as follows:
   §  399-XXXX.  LARGE  VEHICLE  TOWING RATES. 1. (A) FOR THE PURPOSES OF
 THIS SECTION, A "LARGE VEHICLE" IS A VEHICLE WITH A GROSS VEHICLE WEIGHT
 EXCEEDING FORTY-FIVE HUNDRED POUNDS.
   (B) THE RATES IN THIS SECTION 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.
   (C) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO CITIES HAVING  A
 POPULATION OF ONE MILLION OR MORE.
   2.  (A)  FOR  A  VEHICLE WITH A MAXIMUM GROSS VEHICLE WEIGHT EXCEEDING
 FORTY-FIVE HUNDRED POUNDS BUT NOT EXCEEDING  TEN  THOUSAND  POUNDS,  THE
 RATE  FOR  THE  PREPARATION,  HOIST AND TOW, INCLUDING THE FIRST MILE OR
 FRACTION THEREOF, SHALL NOT EXCEED ONE HUNDRED TWENTY-FIVE DOLLARS.  THE
 RATE PER EACH ADDITIONAL MILE SHALL NOT EXCEED FIVE DOLLARS. THE RATE OF
 SUBSEQUENT STORAGE SHALL NOT EXCEED THIRTY-FIVE DOLLARS PER TWENTY-FOUR-
 HOUR PERIOD.
   (B)  FOR  A  VEHICLE WITH A MAXIMUM GROSS VEHICLE WEIGHT EXCEEDING TEN
 THOUSAND POUNDS BUT NOT EXCEEDING EIGHTEEN THOUSAND POUNDS, THE RATE FOR
 THE PREPARATION, HOIST AND TOW, INCLUDING THE  FIRST  MILE  OR  FRACTION
 THEREOF, SHALL NOT EXCEED ONE HUNDRED SEVENTY-FIVE DOLLARS. THE RATE PER
 EACH  ADDITIONAL MILE SHALL NOT EXCEED TEN DOLLARS. THE RATE FOR THE USE
 OF AN UNDER-LIFT SHALL NOT EXCEED FIFTY DOLLARS. THE RATE OF  SUBSEQUENT
 STORAGE SHALL NOT EXCEED FIFTY DOLLARS PER TWENTY-FOUR-HOUR PERIOD.
   (C)  FOR A VEHICLE WITH A MAXIMUM GROSS VEHICLE WEIGHT EXCEEDING EIGH-
 TEEN THOUSAND POUNDS BUT NOT EXCEEDING TWENTY-SIX THOUSAND  POUNDS,  THE
 RATE  FOR  THE  PREPARATION,  HOIST AND TOW, INCLUDING THE FIRST MILE OR
 A. 8858                             3
 
 FRACTION THEREOF, SHALL NOT EXCEED TWO HUNDRED FIFTY DOLLARS.  THE  RATE
 PER  EACH ADDITIONAL MILE SHALL NOT EXCEED TEN DOLLARS. THE RATE FOR THE
 USE OF AN UNDER-LIFT SHALL NOT EXCEED FIFTY DOLLARS. THE RATE OF  SUBSE-
 QUENT  STORAGE SHALL NOT EXCEED FIFTY DOLLARS PER TWENTY-FOUR-HOUR PERI-
 OD.
   (D) FOR A VEHICLE WITH A MAXIMUM GROSS VEHICLE WEIGHT EXCEEDING  TWEN-
 TY-SIX  THOUSAND  POUNDS,  THE  RATE FOR THE PREPARATION, HOIST AND TOW,
 INCLUDING THE FIRST MILE OR FRACTION THEREOF,  SHALL  NOT  EXCEED  THREE
 HUNDRED  DOLLARS. THE RATE PER EACH ADDITIONAL MILE SHALL NOT EXCEED TEN
 DOLLARS. THE RATE FOR THE USE OF AN  UNDER-LIFT  SHALL  NOT  EXCEED  ONE
 HUNDRED  DOLLARS. THE RATE OF SUBSEQUENT STORAGE SHALL NOT EXCEED SEVEN-
 TY-FIVE DOLLARS PER TWENTY-FOUR-HOUR PERIOD.
   3. THE COST OF LABOR PER QUARTER HOUR PER TRUCK OR PER PERSON OR OPER-
 ATOR SHALL NOT EXCEED FIFTY DOLLARS.
   4. (A) A TOW TRUCK OPERATOR SHALL NOT REQUIRE THE PAYMENT OF  ANY  FEE
 OR  CHARGE  FOR  TOWING  AND  STORAGE OF A VEHICLE, OR ANY FEE OR CHARGE
 DIRECTLY OR INDIRECTLY RELATED TO TOWING AND STORAGE OF A VEHICLE,  THAT
 IS NOT SPECIFICALLY AUTHORIZED BY LAW OR RULE.
   (B)  A  CHARGE  FOR  THE  TOWING  AND STORAGE OF VEHICLES SHALL NOT BE
 IMPOSED BY ANY PERSON WHO DOES NOT HAVE A LICENSE TO ENGAGE  IN  TOWING,
 AS  REQUIRED BY SECTION FIVE HUNDRED ONE OF THE VEHICLE AND TRAFFIC LAW,
 OR WHOSE VEHICLE IS NOT REGISTERED  AS  A  TOW  TRUCK,  AS  REQUIRED  BY
 SECTION  FOUR  HUNDRED ONE-B OF THE VEHICLE AND TRAFFIC LAW, AT THE TIME
 THAT THE TOWING AND STORAGE SERVICES ARE PERFORMED.
   § 3. This act shall take effect immediately.