Section 20-518. Removal of vehicles involved in an accident

a. 1. The
  commissioner shall establish and administer a program to be known as the
  "directed  accident  response  program"  for  the  purpose  of  removing
  vehicles  that  have  been  involved  in  a vehicular accident and which
  cannot be safely driven under their own power. The commissioner  may  by
  rule  prescribe which vehicles involved in vehicular accidents cannot be
  safely driven under their own power.
    2. The commissioner, after consultation with the police  commissioner,
  shall  divide  the city into zones and shall create for each zone a list
  in random order of persons licensed to engage in towing  who  have  been
  approved  by the commissioner for participation in the directed accident
  response program. At any time subsequent to the initial establishment of
  zones and lists, the  commissioner  may,  after  consultation  with  the
  police  commissioner,  modify  the  zones  and  reformulate the lists to
  ensure sufficient towing services throughout the city. Where  more  than
  one  towing  company  has  been  placed  on  a  list of towing companies
  authorized  to  remove  vehicles  in  a  particular  zone,  the   police
  department  shall  summon  towing companies from such list on a rotating
  basis. Any towing company approved for  participation  in  such  program
  after  such  lists are initially established shall be placed on any such
  list at the point immediately preceding the last towing company summoned
  by the police department pursuant to this section. Such lists  shall  be
  available at the department for public inspection.
    3.  The  commissioner  shall  set  forth  by  rules  such criteria for
  participation in the program as he or she deems necessary to  effectuate
  the  purposes  of  this  section. Such criteria shall include but not be
  limited to, possession of a valid, current license to engage  in  towing
  and   compliance   with   this  subchapter  and  any  rules  promulgated
  thereunder, ability to respond within a  specified  period  of  time  to
  police department calls for towing, ability to make service available on
  a  twenty-four  hour  basis or on such limited basis as the commissioner
  shall prescribe, maintenance of specified business hours for  redemption
  of  vehicles and maintenance of a specified minimum number of tow trucks
  and other equipment appropriate  for  towing,  including  at  least  one
  flat-bed truck suitable for removing accident vehicles. All participants
  in  the  program  shall  maintain  a business premises that is under the
  exclusive control of the participant, is not used by  any  other  towing
  company  and  is  the  premises  listed on such participant's license to
  engage in towing. Such premises 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 this subchapter or any  rules  promulgated
  thereunder are maintained.
    4.  All  persons approved by the commissioner for participation in the
  directed  accident  response  program,  in  addition  to   meeting   the
  requirements  of  paragraph  three  of  this  subdivision  and  any rule
  promulgated pursuant to this  section,  shall  (i)  have  been  licensed
  pursuant to this subchapter for a period of not less than one year; (ii)
  have not had such license revoked after due notice and opportunity to be
  heard  at  any  time  during  the  preceding  two year period; and (iii)
  possess a satisfactory record with regard to the operation of  a  towing
  business   as   determined   by   the   commissioner,  provided  that  a
  determination that such record with regard to the operation of a  towing
  business  is  unsatisfactory  shall  be  based  upon  violations of this
  subchapter.
    5. The commissioner may impose a biennial fee for participation in the
  program in order to defray expenses incurred in its administration.

    b. 1. Any vehicle that has been involved in a vehicular  accident  and
  which  cannot  be  safely  driven under its own power which has not been
  removed or caused to be removed from the scene of an accident  shall  be
  removed  by  a  tow  truck  of  the  towing company participating in the
  directed  accident  response program when such company has been directed
  to do so by the police department. No such vehicle, other than a vehicle
  that has a maximum gross vehicle weight of  at  least  fifteen  thousand
  pounds,  may be removed by a tow operator chosen by the person in charge
  of such vehicle.
    2. No tow truck operator shall travel en route to, or respond to,  the
  scene or the reported scene of a vehicular accident, or remove a vehicle
  therefrom,  unless a specific request for the services of such tow truck
  operator has been received by such operator or the towing company  which
  employs  such  operator  from a person in charge of a vehicle that has a
  maximum gross vehicle weight of at least  fifteen  thousand  pounds,  or
  unless  such tow truck operator has been directed to do so by the police
  department.
    3. No tow truck of the towing company participating  in  the  directed
  accident  response  program  shall fail to or refuse to remove a vehicle
  that has been involved in a  vehicular  accident  and  which  cannot  be
  safely driven under its own power when such company has been directed to
  do  so  by  the  police  department.  Such vehicle shall be towed to the
  storage  facility  of  such  responding   company   which   meets   such
  specifications  as  the  commissioner  shall  establish by rule, or to a
  location within the city designated by the  person  in  charge  of  such
  vehicle,  provided,  however,  that  placement  of  such vehicle in such
  location is not in violation of any other law.  A  vehicle  towed  to  a
  storage  facility  shall  at  all  times  be  stored within such storage
  facility while the vehicle is in the custody of the towing company. Such
  storage facility shall be the premises listed  on  the  license  of  the
  towing company responding to the police department's direction to remove
  a  vehicle  or the premises approved by the commissioner for use by such
  towing company. Such premises shall be owned, operated or controlled  by
  such  towing  company and shall not be used by any other towing company.
  Nothing in this section shall be  construed  to  preclude  a  person  in
  charge  of a vehicle that has a maximum gross vehicle weight of at least
  fifteen thousand pounds, from arranging for the removal of such  vehicle
  by a tow operator of such person's choice.
    4.  Notwithstanding  any  other provision of this subchapter, a towing
  company that removes an accident vehicle to its storage facility at  the
  place  of business which qualifies such company for participation in the
  directed  accident  response  program  or  to  its   auxiliary   storage
  facilities approved by the commissioner, shall not charge for the towing
  of  a  vehicle registered at a weight of ten thousand pounds or less and
  the first day of  storage  for  such  vehicle  a  fee  exceeding  eighty
  dollars.  A  towing  company  participating  in  the  directed  accident
  response program shall not charge for the towing of an accident  vehicle
  registered  at  a  weight of more than ten thousand pounds and the first
  day of storage  for  such  vehicle  a  fee  exceeding  one  hundred  and
  twenty-five dollars. Such fees shall be inclusive of all charges for the
  removing  and  towing  of such vehicles to such storage facility and for
  the first day of storage.
    5. If a person in charge of the vehicle, other than a police  officer,
  requests  that  an  accident vehicle be towed to any location other than
  the storage facilities at the place  of  business  which  qualified  the
  towing  company  removing  the vehicle for participation in the directed
  accident  response  program  or  to  its  auxiliary  storage  facilities
  approved  by  the commissioner, the towing company may also, in addition

  to the charges authorized under  paragraph  four  of  this  subdivision,
  charge  the  mileage fee for additional mileage that is authorized under
  section 20-509 of this subchapter, for the distance  traveled  from  the
  accident  scene  to  the  location where the vehicle is towed; provided,
  however, that such distance shall be measured on a route  available  for
  commercial  vehicles  from  the  accident scene to the location to which
  such vehicle is towed.
    c. The police department shall maintain a  record  of  the  number  of
  times  each  towing  company  participating  in  the  directed  accident
  response program is summoned to remove vehicles and the number of  times
  each  such  company  responds  thereto and such other information as the
  commissioner may prescribe.
    c-1. Every towing company approved  to  participate  in  the  directed
  accident response program shall:
    (1)  have  on  its premises, and accessible to the public, a telephone
  and bathroom facilities:
    (2) provide reasonable access to an accident vehicle during the  hours
  the  towing  company  is  required  to  be  open  for  the redemption of
  vehicles, at no charge, to the owner or other person in charge  of  such
  vehicle,  to  any insurance agent or insurance adjuster representing the
  owner of such vehicle, or to any insurance agent or  insurance  adjuster
  who  furnishes  sufficient written proof confirming that he or she is in
  fact representing any other person having a  claim  or  defense  arising
  from an accident involving such vehicle;
    (3)(a)  impose  no  storage  charge  exceeding  the  amount  permitted
  pursuant to section 20-509 of this subchapter during any  period  before
  the owner or other person in charge of an accident vehicle has signed an
  authorization  for  the  repair of such accident vehicle with the repair
  shop that the towing company has registered pursuant to article twelve-A
  of the vehicle and traffic law, and (b) where  such  towing  company  is
  registered  as a repair shop pursuant to article twelve-A of the vehicle
  and traffic law, impose no storage charge during the period  from  which
  the  owner  or  other  person  in  charge  of  the  accident vehicle has
  authorized repairs by such registered repair shop to  one  business  day
  after  such registered repair shop has notified such owner or other such
  person in charge of such vehicle to pick up the  repaired  vehicle.  For
  purposes   of   determining   whether  a  towing  company  has  violated
  subparagraphs (a) or (b) of this paragraph, such towing company shall be
  deemed to have committed the violation of another entity if such  towing
  company and such other entity share a common officer, director, partner,
  member, manager, principal or shareholder owning five or more percent of
  the  outstanding  stock,  such towing company has any direct or indirect
  interest in such other entity, or such towing  company  and  such  other
  entity share any facilities, equipment, or employees.
    (4)  provide  to  each owner or other person in charge of the accident
  vehicle an informational flyer entitled the  "consumer  bill  of  rights
  regarding  towing  of  accident vehicles and repair shops" setting forth
  the information that the commissioner deems appropriate about  the  laws
  relating  to  the  consumer's  rights  with  respect  to  the towing and
  repairing of vehicles. Such bill of rights  shall  be  provided  to  the
  owner  or  other  person  in  charge of the accident vehicle before such
  vehicle is towed from the accident scene; provided, however, that if the
  owner or other person in charge of such vehicle is injured and is to  be
  removed  to  a  hospital,  such bill of rights shall be furnished by the
  towing company at the time such owner or such other person in charge  of
  such vehicle first appears at the premises of such towing company.
    d.  In  addition  to  the  obligation  to  make  records available for
  inspection by the  commissioner  pursuant  to  section  20-516  of  this

  subchapter,  every towing company participating in the directed accident
  response program shall, at the request of the police department and  for
  the  purpose  of the enforcement of any regulations promulgated pursuant
  to this section, make available for inspection by the police department,
  during  reasonable business hours, any records required to be maintained
  under this subchapter.
    e. After due notice and opportunity to be heard, the commissioner  may
  disqualify  any  towing  company  participating in the directed accident
  response program  from  continued  participation  in  such  program  for
  violation  of  any  of  the  provisions  of  this  section  or  any rule
  promulgated hereunder or upon the occurrence of any one or more  of  the
  conditions  set  forth  in  this subchapter which constitute grounds for
  suspension or revocation of any license issued  under  this  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 directed accident response
  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 this subchapter.
    f. Any person participating in the directed accident response  program
  who  violates  the  provisions  of  section  20-496  of  this subchapter
  regarding engaging in towing without having first obtained a license for
  such towing business and a license plate for each tow truck, driving  or
  otherwise operating a tow truck or assisting in any activity for which a
  license  is required under this subchapter without having first obtained
  a tow truck operator's license, or permitting or authorizing the driving
  or other operation of a tow truck by a person who  does  not  possess  a
  current,  valid tow truck operator's license in violation of subdivision
  c of section 20-496 of this subchapter shall be removed from the list of
  approved towing companies and shall be ineligible for  participation  in
  the  directed  accident response program for a period of six months. Any
  such person who has been found guilty of two such violations within  the
  preceding  twenty-four  month  period  shall be removed from the list of
  approved towing companies and shall be ineligible for  participation  in
  the directed accident response program for a period of one year.
    g.   The   commissioner  may  promulgate  such  additional  rules  and
  regulations as he or she deems necessary to effectuate the  purposes  of
  this section.
    g-1. 1. After due notice and opportunity to be heard, the commissioner
  may  remove  or  suspend,  for  a  period  not  to exceed one year, from
  continued participation in the directed accident  response  program  any
  towing company participating in such program which:
    (a)  was  unavailable to respond to a police dispatch or has failed to
  respond to a police dispatch for removing a vehicle from the scene of an
  accident on at least three occasions within any six month period;
    (b) failed to provide to any person the informational  flyer  entitled
  "consumer  bill  of  rights  regarding  towing  of accident vehicles and
  repair shops" as required pursuant to paragraph four of subdivision  c-1
  of this section; or
    (c)  failed  to  or  refused  to  release  any  accident vehicle after
  presentation  of  sufficient  proof  of  ownership  or  owner's  written
  authorization,  and upon tender of payment of authorized charges in cash
  or by major credit card as such credit card payment is provided  for  in

  section   20-520.1   of   this  subchapter  and  any  rules  promulgated
  thereunder.
    2.  The  grounds  for  suspension  or removal of a towing company from
  continued  participation  in  the  directed  accident  response  program
  specified  in paragraph one of this subdivision shall be in addition to,
  and shall not in any way limit, the commissioner's authority to  revoke,
  suspend, or refuse to renew a license issued pursuant to this subchapter
  or  to  suspend or remove from participation any towing company from the
  directed accident response program pursuant to any other  provisions  of
  this subchapter and any rules promulgated thereunder.
    * h.  The provisions of this section shall not apply to the removal of
  a vehicle that is  located  in  a  special  accident  response  district
  established pursuant to section 20-518.1 of this subchapter.
    * NB Expired December 31, 1997
    i.  The provisions of this section shall not apply to the removal of a
  vehicle at any location for which the authorization of the  commissioner
  of transportation is required to remove a disabled vehicle therefrom.