S T A T E O F N E W Y O R K
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7717
2025-2026 Regular Sessions
I N S E N A T E
May 1, 2025
___________
Introduced by Sen. COONEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer 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
S. 7717 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
S. 7717 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.