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This entry was published on 2014-09-22
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Towing of motor vehicles; credit cards; statewide
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 399-xx. Towing of motor vehicles; credit cards; statewide. 1.
Definition. For the purposes of this section, a "commercial tower" is
defined as any person, firm, partnership, corporation, limited liability
company, association, or other entity that engages in the business of
towing motor vehicles for consideration.

2. Requirements. A commercial tower who responds to a call for
assistance from an owner or operator of a vehicle that is inoperable or
cannot be safely operated or who offers to transport, repair, or render
safely operable such a vehicle shall, in compliance with any reasonable
request of an owner or operator of such vehicle, repair the vehicle or
transport the vehicle and its occupants to a reasonably safe location
where repairs can be made. The commercial tower shall not be required to
transport all vehicle occupants if the number of occupants exceeds the
number of passengers that can be safely transported. The owner or
operator of the vehicle shall be liable to the commercial tower for the
cost of towing and repair services provided. The commercial tower shall
accept cash and all other forms of payment that such commercial tower
accepts in the ordinary course of business, including credit and debit
cards as those terms are defined in section five hundred eleven of this
chapter as payment for all or part of the charges for towing and repair
services accepted and provided. The commercial tower may require such
proof of identification from persons making payments in forms other than
cash as the commercial tower requires for such payments in the ordinary
course of business. If the owner or operator of a vehicle declines
services of the commercial tower or cannot or will not provide payment
and identification for towing or repair services, a commercial tower
shall notify law enforcement about the location and identification of
the vehicle and its occupants. The provisions of this section do not
apply to a vehicle which is lawfully parked at the home of the vehicle's
owner or operator.

3. Penalties. Whenever there shall be a violation of this section, an
application may be made by the attorney general in the name of the
people of the state of New York to a court or justice having
jurisdiction to issue an injunction, and upon notice to the defendant of
not less than five days, to enjoin and restrain the continuance of such
violations; and if it shall appear to the satisfaction of the court or
justice that the defendant has, in fact, violated this section, an
injunction may be issued by such court or justice, enjoining and
restraining any further violation, without requiring proof that any
person has, in fact, been injured or damaged thereby. In any such
proceeding the court may make allowances to the attorney general as
provided in paragraph six of subdivision (a) of section eighty-three
hundred three of the civil practice law and rules, and direct
restitution. In connection with any such proposed application, the
attorney general is authorized to take proof and make a determination of
the relevant facts and to issue subpoenas in accordance with the civil
practice law and rules.