Section 20-519. Removal of stolen, abandoned and evidence vehicles, vehicles blocking a private driveway and vehicles with certain alarm devices

a.  1.  The  commissioner  shall  establish  a  program  to  be known as the
  "rotation tow program" for the purpose of  removing  evidence  vehicles,
  vehicles  suspected  of  having  been  stolen  or  abandoned  other than
  vehicles  described  in  subdivision  two  of  section  twelve   hundred
  twenty-four  of  the  vehicle  and  traffic law, the removal pursuant to
  section 19-169 of the code of vehicles blocking a private driveway,  and
  the  removal  pursuant  to  section  24-221 of the code of vehicles with
  certain alarm devices.
    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 rotation tow
  program. The commissioner may in his or her discretion create from  such
  list  separate  lists  for  the removal of evidence vehicles, stolen and
  abandoned vehicles, the removal pursuant to section 19-169 of  the  code
  of  vehicles  blocking  a  private driveway, and the removal pursuant to
  section 24-221 of the code  of  vehicles  with  certain  alarm  devices,
  respectively.  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  rule  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.  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. The commissioner may impose a biennial fee for participation in the
  program in order to defray expenses incurred in its administration.
    5. On or after March first, nineteen hundred ninety-three, all persons
  approved by the commissioner  for  participation  in  the  rotation  tow
  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.
    b. 1. Any vehicle that is suspected of having been stolen or abandoned
  other  than  vehicles  described  in  subdivision  two of section twelve
  hundred twenty-four of the vehicle and traffic law, any vehicle that  is
  blocking  a  private driveway and subject to removal pursuant to section
  19-169 of the code, and any vehicle with certain alarm devices which  is
  subject  to  removal  pursuant  to  section  24-221 of the code shall be
  removed by a tow truck  of  the  towing  company  participating  in  the
  rotation tow program when directed to do so by the police department. If
  such vehicle appears to have a missing or altered vehicle identification
  number,  the police may direct its removal to the police property clerk.
  All other vehicles shall be  towed  to  the  storage  facility  of  such
  responding  company  which meets such specifications as the commissioner
  shall establish by rule, and 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.  The  police  department  shall
  expeditiously make every reasonable effort to notify the owner  and  the
  national  automobile theft bureau or the insurer, if any, of any vehicle
  that is suspected of having been stolen or abandoned  of  the  vehicle's
  location  and  the procedure for retrieval. During the period commencing
  on the eighth day after the vehicle is removed to such storage  facility
  and  ending on the thirtieth day after such removal, such towing company
  shall transfer any vehicle which has not been claimed into  the  custody
  of the police department property clerk.
    2.   An  evidence  vehicle  shall  be  removed  by  a  towing  company
  participating in the rotation tow program when directed to do so by  the
  police  department. Such vehicle shall be towed to a location designated
  by a police officer.
    3. No tow truck operator shall knowingly remove a vehicle suspected of
  having  been  stolen  or  abandoned  or  an  evidence  vehicle   without
  authorization  by  the  police  department.  No tow truck operator shall
  knowingly remove a  vehicle  blocking  a  private  driveway  subject  to
  removal  pursuant  to section 19-169 of the code except as authorized in
  such section. No tow truck operator shall  knowingly  remove  a  vehicle
  with certain alarm devices subject to removal pursuant to section 24-221
  of the code except as authorized in such section.
    c.  1.  Notwithstanding any other provision of law, the towing company
  shall be entitled to charge the owner or other person claiming a vehicle
  that is suspected of having been stolen or abandoned or a  vehicle  with
  certain  alarm  devices subject to removal pursuant to section 24-221 of
  the code which was  directed  to  be  towed  by  the  police  department
  pursuant  to  this  section  and  which is claimed before the end of the
  thirtieth day after such vehicle  is  removed  by  such  towing  company
  amounts  not  in excess of the following: seventy dollars for the towing
  of a vehicle registered at a weight of ten thousand pounds or less;  one
  hundred  and  twenty-five dollars for the towing of a vehicle registered
  at a weight of more than ten thousand pounds; fifteen  dollars  per  day
  for  the  first  three  days and seventeen dollars for the fourth day of

  storage and each day thereafter.  Upon  the  transfer  of  an  unclaimed
  vehicle  into  the  custody of the police department property clerk, the
  towing company shall be entitled to charge the police department amounts
  not  in excess of the following: sixty dollars plus tolls for the towing
  of a vehicle suspected of having been stolen  or  abandoned,  a  vehicle
  that was blocking a private driveway and was removed pursuant to section
  19-169  of  the  code  or  a vehicle with certain alarm devices that was
  removed pursuant to section 24-221 of the code, to  a  storage  facility
  and  subsequent  transfer  of  such  vehicle  into  the  custody of such
  property clerk during the period of time specified in paragraph  one  of
  subdivision  b of this section; five dollars per day for the first three
  days of storage of such vehicle and eight dollars for the fourth day  of
  storage  and  each  day  thereafter, provided that in no event shall any
  towing company be entitled to charge the police department  for  storage
  charges  incurred  after  the  tenth  day of storage. The towing company
  shall be entitled to charge the  police  department  an  amount  not  in
  excess of sixty dollars plus tolls for the towing of an evidence vehicle
  to a location designated by a police officer.
    2. The police department shall be entitled to charge an owner or other
  person  who  claims a vehicle that is suspected of having been stolen or
  abandoned, a vehicle that  was  blocking  a  private  driveway  and  was
  removed  pursuant  section 19-169 of the code, or a vehicle with certain
  alarm devices that was removed pursuant to section 24-221 of  the  code,
  which  is  in  the  custody  of the police department property clerk the
  charges for towing and storage permitted to be  charged  by  the  towing
  company  pursuant  to  paragraph one of this subdivision, plus tolls, in
  addition to the fees for storage with  the  police  department  property
  clerk  provided  by  subdivision  i  of  section  14-140 of the code. No
  vehicle which is in the custody of the police department property  clerk
  which had blocked a private driveway and was removed pursuant to section
  19-169  of  the  code  shall  be  released  to the owner or other person
  claiming such vehicle unless  such  owner  or  other  person  shall,  in
  addition  to paying such charges to the police department property clerk
  as provided for in this subdivision, present to such  property  clerk  a
  receipt  from  the  towing  company which removed the vehicle indicating
  payment to such company of the following amount: the charges for  towing
  and  storage which would have been due to the towing company pursuant to
  paragraph eight of subdivision c of section 19-169 of the code had  such
  owner  or other person claimed the vehicle from such towing company less
  the amount paid to the police department for the towing and  storage  of
  such vehicle by such company.
    3.  No  towing  company shall require the payment of any fee or charge
  for or relating to towing and storage of a vehicle, or any fee or charge
  directly or indirectly related to towing and storage of a vehicle,  that
  has  been  removed  pursuant  to  this section, that is not specifically
  authorized by law or rule.
    d. The police department shall maintain a  record  of  the  number  of
  times  each  towing company participating in the rotation tow program is
  summoned to remove a vehicle and the number of times each  such  company
  responds  thereto  and  such  other  information as the commissioner may
  prescribe by rule.
    e. 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  rotation  tow
  program  shall,  at  the  request  of  the police department and for the
  purpose of the enforcement of any rules  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.
    f.  After due notice and opportunity to be heard, the commissioner may
  disqualify any towing company participating in the rotation tow  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 rotation tow 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.
    g.  Any  person participating in the rotation tow 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 rotation tow 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
  rotation tow program for a period of one year.
    h. The commissioner may promulgate such additional rules as he or  she
  deems necessary to effectuate the purposes of this section.