Towing Vehicles

NYC Admin. Code tit. 20, ch. 2, subch. 31

in effect

NYC Admin. Code § 20-495 Definitions.

§ 20-495 Definitions. For purposes of this subchapter, the following terms shall have the following meanings: a. "Disabled vehicle" shall mean any vehicle for which towing is necessary because of a vehicular accident or for which towing is necessary because of the vehicle's inability to proceed under its own motive power due to reasons other than a vehicular accident. b. "Evidence vehicle" shall mean any vehicle which is suspected of having been used as a means of committing a crime or employed in aid or furtherance of a crime or held, used or sold in violation of law or which may be required to be held or produced as evidence in a criminal investigation or proceeding. c "Person in charge of a vehicle" shall mean the operator or owner of a vehicle or any person designated by the owner to contract for the towing or repairing of such vehicle. d. "Towing" shall mean the driving or other operation of a tow truck, or the offering to transport a vehicle by means of a tow truck. An employee of a repair shop registered pursuant to article twelve-A of the vehicle and traffic law that is not subject to the licensing requirements of this subchapter shall not be deemed to be engaged in "towing" when such employee test-drives a tow truck that has been repaired or is to be repaired by such repair shop if (1) such tow truck is not owned or operated by such repair shop, (2) such tow truck is not transporting another vehicle, and (3) such test-drive takes place within a one mile radius of such repair shop's premises. e. "Tow truck" shall mean a vehicle that is equipped with a crane, winch, tow bar, push plate, or other device designed to pull or push a vehicle or to raise a vehicle or the front or rear end thereof. f. "Vehicle" shall mean a motor vehicle as defined in section one hundred twenty-five of the vehicle and traffic law, a tractor as defined in section one hundred fifty-one-a of such law or a trailer as defined in section one hundred fifty-six of such law. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028 and L.L. 1993/112.

NYC Admin. Code § 20-496 License required.

§ 20-496 License required. a. Except as otherwise provided in section 20-524 of this subchapter, no person shall engage in towing without having first obtained a license for such towing business issued pursuant to section 20-498 of this subchapter. Such license shall be referred to as a license to engage in towing. No person shall engage in towing without having obtained a license plate for each tow truck issued pursuant to section 20-503 of this subchapter. b. Except as otherwise provided in section 20-524 of this subchapter, no person shall drive or otherwise operate a tow truck or assist in any activity for which a license is required under this subchapter unless such person shall have first obtained a tow truck operator's license issued pursuant to section 20-498 of this chapter. c. No person who is required to obtain a license under subdivision a of this section shall permit or authorize the driving or other operation of a tow truck by a person who does not possess a current, valid tow truck operator's license or whose tow truck operator's license has been suspended or revoked where such license is required under this subchapter. In any prosecution for violation of this subdivision, it shall not be necessary to prove that such person knew or should have known that the operator was unlicensed, and there shall be a rebuttable presumption that such tow truck was driven or otherwise operated with the permission or authorization of such person. In any such prosecution, it shall be an affirmative defense that prior to being cited for such violation, such person registered such tow truck operator with the department in accordance with the procedures prescribed by rule of the commissioner and the department did not send notification to such person that such tow truck operator lacked a current, valid tow truck operator's license or that such operator's license had been suspended or revoked. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028 and L.L. 1993/112.

NYC Admin. Code § 20-497 Application; fingerprinting; fee; term.

§ 20-497 Application; fingerprinting; fee; term. a. An application for any license required under this subchapter or for any renewal thereof shall be made to the commissioner in such form and manner as he or she shall prescribe by regulation. An applicant for any such license shall be fingerprinted by the department for the purpose of securing criminal history records from the state division of criminal justice services. The applicant shall pay a processing fee as required by the state division of criminal justice services. Where the applicant is a sole proprietorship, fingerprints shall be taken of the owner thereof. Where the applicant is a partnership, fingerprints shall be taken of the general partners thereof. Where the applicant is a corporation, fingerprints shall be taken of the officers, principals, directors and stockholders owning more than ten percent of the outstanding stock of the corporation. Any person required to be fingerprinted hereunder shall furnish to the department three current passport size photographs of such person. Notwithstanding the foregoing, the commissioner need not require applicants for licenses required under this subchapter to be fingerprinted if criminal history records concerning such applicants are not available from the state division of criminal justice services. b. There shall be a biennial fee for a license to engage in towing and for each tow truck in excess of 1 operated pursuant to such license. Such fee for a license to engage in towing shall be $600 and such fee for each tow truck in excess of 1 shall be $600. There shall be a biennial fee for a tow truck operator's license. The fee for such tow truck operator’s license shall be $20. In the event of the loss, mutilation or destruction of any license issued hereunder, the licensee may file such statement and proof of facts as the commissioner shall require, at the department, and the department shall issue a duplicate or substitute license without charging or collecting any fee therefor. c. All licenses issued to a business pursuant to this subchapter to engage in towing and all license plates issued pursuant to this subchapter for tow trucks shall expire on April thirtieth, in even numbered years, and all licenses issued pursuant to this subchapter to tow truck drivers to operate tow trucks shall expire on October thirty-first, in even years, unless sooner suspended or revoked. (Am. L.L. 2025/183, 12/12/2025, eff. 9/8/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028, L.L. 2004/014, and L.L. 2025/183.

NYC Admin. Code § 20-498 Issuance of license.

§ 20-498 Issuance of license. a. A license to engage in towing shall be issued only where an applicant meets all the requirements of sections 20-499, 20-500, 20-501, 20-502, any criteria in addition thereto established by the commissioner by regulation as he or she deems necessary to effectuate the purposes of this subchapter and satisfies the commissioner that such applicant possesses good moral character. b. A license to operate a tow truck shall be issued only where an applicant is at least eighteen years of age, satisfies the commissioner that he or she is capable of safely operating a tow truck, meets any additional criteria established by the commissioner by regulation as he or she deems necessary to effectuate the purposes of this subchapter and satisfies the commissioner that such applicant possesses good moral character. For purposes of determining whether the applicant is capable of safely operating a tow truck, the commissioner may take into consideration any violation by such applicant of the vehicle and traffic law or any other applicable law pertaining to vehicle operation. c. The commissioner may refuse to issue to an applicant any license required under this subchapter based upon a determination made after due notice and opportunity to be heard that such applicant has engaged in conduct which would constitute a basis for license suspension or revocation as set forth in this subchapter. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.

NYC Admin. Code § 20-499 Bond.

§ 20-499 Bond. a. As a condition of the issuance of a license to engage in towing, each applicant shall furnish to the commissioner a surety bond in the sum of five thousand dollars, payable to the city of New York, executed by the applicant and a surety approved by the commissioner. Such bond shall be conditioned upon the applicant's compliance with the provisions of this subchapter and any rules or regulations promulgated hereunder, and upon the further condition that the applicant will pay to the city any fine, penalty or other obligation within thirty days of its imposition, or any final judgment recovered by any person who received towing services from a licensee thereunder and was damaged thereby. The commissioner may in his or her discretion, after a public hearing, five days notice of which shall be published in the City Record, increase the amount of the surety bond required by this section to an amount not to exceed twenty-five thousand dollars. The commissioner may by regulation authorize an applicant to, in lieu of a bond, deposit cash to satisfy the requirements of this section in an amount equal to the sum of the surety bond required by this section. b. The commissioner may be regulation establish a fund to be administered by the comptroller and authorize an applicant for a license to engage in towing to, in lieu of a bond or cash equivalent, make contributions to such fund to satisfy the requirements of subdivision a of this section. The commissioner may promulgate such rules or regulations as are necessary for the administration of such fund including, but not limited to, regulations setting forth the conditions for participation in the fund, the contributions required to be made to the fund and the circumstances under which disbursements will be made from the fund. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.

NYC Admin. Code § 20-500 Insurance.

§ 20-500 Insurance. a. As a condition of the issuance of a license to engage in towing, each applicant shall furnish proof that every tow truck to be used by such applicant under such license is insured under a liability insurance policy as follows: with respect to each tow truck, not less than two hundred thousand dollars for personal injury or death of any one person resulting from any one accident; not less than five hundred thousand dollars for personal injury or death of two or more persons resulting from any one accident; and not less than fifty thousand dollars for injury to or destruction of property of one or more persons resulting from any one accident. b. The licensee shall notify the commissioner of any modification, amendment, cancellation or substitution of any insurance policy required under subdivision a of this section within ten days of notice to the licensee of such modification, amendment, cancellation or substitution. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.

NYC Admin. Code § 20-501 Inspection of tow trucks.

§ 20-501 Inspection of tow trucks. a. No license to engage in towing shall be issued pursuant to this subchapter unless the commissioner determines that every tow truck to be used by the applicant under such license is fit for operation as a towing vehicle and is otherwise in compliance with the provisions of the vehicle and traffic law and any regulations promulgated thereunder. b. The commissioner may require by regulation that every tow truck used by a licensee be inspected periodically by the department, and after finding such truck to be fit for operation, may issue a replaceable inspection sticker of such material, form, design and dimension to be affixed to such truck in such manner as he or she shall prescribe. The commissioner may be regulation impose a fee for any inspection in an amount not to exceed fifty dollars in order to defray the costs of conducting any such inspection. c. Where a holder of a license to engage in towing acquires a tow truck subsequent to the date such license was issued intended for use under such license or intends to utilize a truck not previously identified in any application for a license to engage in towing, such licensee shall be prohibited from using such truck for towing until the licensee has furnished proof that such truck is insured as required by section 20-500, and that such truck has been inspected and approved for use by the department pursuant to this section and the commissioner has issued a license plate therefor pursuant to section 20-503 of this subchapter. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.

NYC Admin. Code § 20-502 Premises.

§ 20-502 Premises. No license to engage in towing shall be issued or renewed to any applicant where the premises on or in which the licensed business is to be conducted are not in compliance with the zoning resolution and the building code of the city of New York and any rules or regulations promulgated thereunder. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.

NYC Admin. Code § 20-503 Issuance of license plate.

§ 20-503 Issuance of license plate. Upon approval of an application to engage in towing, the commissioner shall issue to the licensee a license plate for each tow truck to be used under such license. Such license plate shall be securely affixed to a conspicuous and indispensable part of such truck, and shall clearly set forth the license number assigned to the licensee. The license plate issued to the licensee may, in the discretion of the commissioner, be a plate of a permanent nature with a replaceable date tag attached thereto, indicating the expiration date of the plate. Such license and replaceable date tag shall be of such material, form, design and dimension as the commissioner shall prescribe. The commissioner, upon renewal of a license to engage in towing, may continue the use of the license plate for as many additional license terms as he or she may determine, in which event he or she shall issue and deliver to the licensee a replaceable date tag as evidence of renewal of license, which shall be attached or affixed in such manner as he or she may prescribe. The failure to affix or display such date tag in a manner prescribed by the commissioner shall constitute a violation of this section. In the event of the loss, mutilation or destruction of any license plate or date tag issued hereunder, the licensee may file such statement and proof of facts as the commissioner shall require, with a fee of twenty-five dollars per plate or date tag, at the department, and the department shall issue a duplicate or substitute license plate or date tag. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.

NYC Admin. Code § 20-504 Renewal, suspension and revocation of licenses.

§ 20-504 Renewal, suspension and revocation of licenses. After due notice and opportunity to be heard, the commissioner may refuse to renew any license required under this subchapter and may suspend or revoke any such license upon the occurrence of any one or more of the following conditions: a. the person holding a tow truck operator's license, or the person holding a license to engage in towing or where applicable its officers, principals, directors, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation have been found by the commissioner to have violated any provisions of this subchapter or any rule promulgated thereunder; or b. the person holding a tow truck operator's license, or the person holding a license to engage in towing or where applicable its officers, principals, directors, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation were found to have operated a tow truck in a grossly negligent manner or in a manner showing a reckless disregard for life or property. For purposes of this subdivision, a finding that any such person violated section eleven hundred ninety-two of the vehicle and traffic law in the course of the operation of a tow truck shall be deemed gross negligence; or c. the person holding a tow truck operator's license, or the person holding a license to engage in towing or where applicable its officers, principals, directors or stockholders owning more than ten percent of the outstanding stock of the corporation have made a material false statement or concealed a material fact in connection with the filing of any application pursuant to this subchapter or have engaged in fraud or misrepresentation in connection with the rendering of services; or d. the person holding a tow truck operator's license, or the person holding a license to engage in towing or where applicable its officers, principals, directors or stockholders owning more than ten percent of the outstanding stock of the corporation have not paid, within the time permitted by law, any fine, penalty or judgment duly imposed pursuant to the provisions of this subchapter or any rule or regulation promulgated hereunder or duly imposed in connection with or arising from the use or operation of a tow truck or the occupation of the premises on which the licensed business is conducted; or e. the person holding a tow truck operator's license, or the person holding a license to engage in towing or where applicable any of its officers, principals, directors or stockholders owning more than ten percent of the outstanding stock of the corporation has been convicted of a crime which, in the judgment of the commissioner, has a direct relationship to such person's fitness or ability to perform any of the activities for which a license is required under this subchapter; or has been convicted of any other crime which, in accordance with article twenty-three-a of the correction law, would provide a justification for the commissioner to refuse to renew, or to suspend or revoke, such license; or f. the person holding a tow truck operator's license, or the person holding a license to engage in towing has failed to maintain any of the conditions for issuance of such license as provided under this subchapter or any rule or regulation promulgated hereunder. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028 and L.L. 1993/112.

NYC Admin. Code § 20-504.1 Mandatory suspension or revocation of license.

§ 20-504.1 Mandatory suspension or revocation of license. After due notice and opportunity to be heard, the commissioner shall refuse to renew, or shall suspend or revoke a license required under this subchapter, upon the occurrence of any one or more of the following conditions: a. the person holding a license to engage in towing or where applicable, any of such licensee's officers, principals, directors, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation, has been found by the commissioner to have unjustifiably refused to release a vehicle towed pursuant to section 20-518 or section 20-519 of this subchapter, to the vehicle's owner or the owner's agent. The commissioner shall establish standards concerning the sufficiency of proof of ownership of the vehicle and the legality of any charges demanded by the licensee for release of the vehicle. In determining whether such refusal is unjustifiable, the commissioner in addition to any other relevant fact shall consider such standards; b. in a two year period, the person holding a license to engage in towing or where applicable, any of such licensee's officers, principals, directors, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation, has been found by the commissioner to have committed in any combination three or more violations of sections 19-169, 19-169.1 of this code or any rules promulgated thereunder, or sections 20-507, 20-509, 20-509.1, 20-510, 20-512, 20-514, 20-515, 20-516, 20-518, 20-519, 20-520, 20-520.1 or 20-527 of this subchapter or any rules promulgated thereunder; c. the person holding a license to engage in towing or where applicable, any of such licensee's officers, principals, directors, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation, has been convicted of a misdemeanor or a felony relating to auto stripping in violation of article 165 of the penal law; d. in a two year period, the person holding a tow truck operator's license has been found by the commissioner to have committed in any combination three or more violations of the provisions of sections 19-169 and 19.169.1 of this code and any rules promulgated thereunder, or sections 20-510, 20-512, 20-514, 20-515, 20-518, 20-519, 20-520, 20-520.1 or 20-527 of this subchapter or any rules promulgated thereunder; e. the person holding a tow truck operator's license has been found to have operated any motor vehicle in violation of section eleven hundred ninety-two of the vehicle and traffic law during the license term, or has been found to have operated a tow truck in violation of section eleven hundred eighty-two of the vehicle and traffic law. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/112.

NYC Admin. Code § 20-505 Tow truck operator's license suspension or revocation; special circumstances.

§ 20-505 Tow truck operator's license suspension or revocation; special circumstances. Notwithstanding any other provision of law, where the commissioner has reason to believe that a tow truck operator has committed an act which should provide a basis for suspension or revocation under section 20-504 or 20-504.1 of this subchapter, and the continued possession by such person of a tow truck operator's license would pose a serious danger to the safety of the public, the commissioner may immediately suspend his or her tow truck operator's license. Notwithstanding any other provision of law, upon the suspension or revocation pursuant to the vehicle and traffic law of a license to operate a motor vehicle that is held by a person who also holds a tow truck operator's license pursuant to this subchapter, the commissioner shall immediately suspend his or her tow truck operator's license. Notice of the suspension of a tow truck operator's licence pursuant to this section shall be served on the operator and on the person who employs such operator to operate a tow truck. The commissioner shall provide the operator with the opportunity for a hearing within five days after the notification of suspension, after which the commissioner shall forthwith make a determination as to whether such suspension should continue and in addition may impose any penalty or sanction provided for under this subchapter, provided, however, that where the license to operate a motor vehicle held by a tow truck operator has been revoked pursuant to the vehicle and traffic law, the commissioner shall revoke such person's tow truck operator's license issued pursuant to this subchapter. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.

NYC Admin. Code § 20-506 License revocation.

§ 20-506 License revocation. Notwithstanding any other provision of law, any person who holds a license issued pursuant to this subchapter which has been revoked by the commissioner pursuant to this subchapter shall not be permitted to apply for any new license under this subchapter for a period of three years from the date of such revocation. No license to engage in towing shall be issued pursuant to this subchapter to a corporation, partnership, or other association if an officer, principal, director, or stockholder owning more than ten percent of the outstanding stock of the corporation of the applicant is or has been an officer, principal, director, or stockholder owning more than ten percent of the outstanding stock of the corporation of a licensee that has had a license revoked pursuant to this subchapter and such revocation is in effect at the time of the license application. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.

NYC Admin. Code § 20-507 Posting of information.

§ 20-507 Posting of information. a. Every person holding a license to engage in towing shall post, in a conspicuous fashion at the area of the licensee's place of business where a vehicle may be claimed, a sign which clearly and legibly states the licensee's name, address and business telephone number, the license number assigned to such business, the rates permitted to be charged for towing and storage under section 20-509 of this subchapter and the department's telephone complaint number. b. The following information shall be clearly and legibly displayed and affixed in the manner provided by rule on each side of every tow truck used under a license to engage in towing: the licensee's name, the address under which the tow truck is licensed with the department, and the business telephone number; such rates permitted to be charged for towing and for storage under section 20-509 of this subchapter as are specified in rules of the commissioner; and the department's telephone complaint number. The letters and numerals of such display shall not be less than one and one-half inches in height, with a width of at least one-quarter of an inch, and shall be colored in a contrasting color which is prominent against the background color and is conspicuously visible when such vehicle is in motion. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028 and L.L. 1993/112.

NYC Admin. Code § 20-508 Storage facilities.

§ 20-508 Storage facilities. Every licensee which stores vehicles shall do so only on premises which meet such specifications as the commissioner shall establish by regulation for safeguarding property. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.

NYC Admin. Code § 20-509 Rates.

§ 20-509 Rates. a. Except as otherwise provided, charges for the towing of vehicles shall not exceed one hundred dollars; provided, however, that where a motor vehicle has been booted by a person licensed pursuant to subchapter 32 of this chapter in a private lot as defined in paragraph 3 of subdivision b of section 20-531 of such subchapter and such vehicle is subsequently towed, no additional charge may be imposed for the towing of such vehicle. b. Except as otherwise provided, charges for storage of vehicles shall not exceed twenty-five dollars for each twenty-four hours or fraction thereof for the first three days of storage and twenty-seven dollars for the fourth day of storage and each day thereafter. c. The commissioner may, by rule, authorize such additional charges for services necessary to prepare a vehicle for towing, including but not limited to charges for additional labor necessary for positioning a vehicle for towing, which in the judgment of the commissioner shall be fair and reasonable. d. (1) No tow truck operator shall 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. (2) No charge for the towing and storage of vehicles may be imposed by any person who does not have a license to engage in towing as required by this subchapter at the time that the towing and storage services are performed. (Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028, L.L. 1993/112, L.L. 1995/024, and L.L. 2020/080.

NYC Admin. Code § 20-509.1 Rates for arterial tow permittees.

§ 20-509.1 Rates for arterial tow permittees. Notwithstanding any other provisions of this subchapter, charges for the towing of disabled passenger vehicles from an arterial roadway by an arterial tow permittee authorized by the commissioner of transportation or the police commissioner shall be one hundred twenty-five dollars for the first ten miles or fraction thereof and four dollars for each additional mile or fraction thereof.

NYC Admin. Code § 20-510 Authorization to tow vehicles.

§ 20-510 Authorization to tow vehicles. No tow truck operator shall tow any vehicle for which towing is necessary because of a vehicular accident without an authorization signed by the person in charge of the vehicle or a police officer which authorizes the towing of such vehicle and, where applicable, authorizes the storage of such vehicle. The authorization shall be on a form prescribed by the commissioner which shall require such information as the commissioner prescribes by rule, including the following information: the licensee's name, address and business telephone number, the license assigned to such business, the department's telephone complaint number, the rates permitted to be charged for towing and storage under section 20-509 of this subchapter, the location from which and the destination to which the vehicle is to be towed, the year, the make, the model and the department of motor vehicles license plate number of the vehicle to be towed, the name of the person in charge of the vehicle, the time of the request for service and any other information to be prescribed by rule of the commissioner. The form must also contain the following language: "This is an authorization for towing and, where requested, for storage and not an authorization to repair. You have the right to have your vehicle repaired at the facility of this towing company or any other establishment of your choice." Every authorization form shall be executed and copies thereof shall be furnished to such parties and in such manner as the commissioner may provide by rule. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028 and L.L. 1993/112.

NYC Admin. Code § 20-511 Removal of vehicles obstructing traffic.

§ 20-511 Removal of vehicles obstructing traffic. When a vehicle is situated so as to constitute an obstruction to traffic, and such vehicle is unattended or the person in charge of such vehicle has not arranged for its removal, a police officer or a person designated by the commissioner of transportation may direct its removal by a person licensed to engage in towing, and such licensee shall remove such vehicle to a storage facility which meets the specifications established by the commissioner by regulation pursuant to section 20-508 of this subchapter. Such licensee shall be entitled to charge the person in charge of the vehicle for towing and storage, and where applicable, for the rendering of services to prepare the vehicle for towing at the rates set forth or authorized by section 20-509 of this subchapter. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.

NYC Admin. Code § 20-512 Obligation to perform service.

§ 20-512 Obligation to perform service. No person licensed under this subchapter shall refuse, without justifiable grounds, to render towing services in whole or in part to a person in charge of a disabled vehicle, other than a vehicle with a maximum gross vehicle weight of less than fifteen thousand pounds that is involved in a vehicular accident, who has requested towing to a destination within the city. For purposes of this section, "justifiable grounds" shall include but not be limited to (a) the absence of an authorization by the commissioner of transportation or the police commissioner which is required to lawfully remove a vehicle from a specific location and (b) an authorization by the commissioner of transportation to provide only such towing services as may be specified by such commissioner to remove a vehicle from a specific location. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028, L.L. 1993/112, and L.L. 1996/058.

NYC Admin. Code § 20-513 Specific request for services. [Repealed] Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028 and L.L. 1993/112.

NYC Admin. Code § 20-514 Repairs.

§ 20-514 Repairs. a. No licensee under this subchapter or his or her agent shall make repairs or cause repairs to be made for a fee on any vehicle which requires towing because of a vehicular accident and is towed by such licensee, without first entering into a signed agreement with the person in charge of the vehicle authorizing such repairs. The commissioner shall prescribe the form to be used for such agreement. In addition to any other information required to be set forth in such agreement, the commissioner shall require that such agreement set forth the registration number assigned to the licensee's repair shop pursuant to section three hundred ninety-eight-c of the vehicle and traffic law. b. In any case where the tow truck operator knows that the person in charge of a vehicle is injured and is to be removed to a hospital, it shall be unlawful to enter into an agreement authorizing repairs with such injured person until the expiration of a period of at least twenty-four hours from the time of the accident, unless the injured person is not admitted to or has been discharged from the hospital before the expiration of such period. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.

NYC Admin. Code § 20-515 Prohibited acts.

§ 20-515 Prohibited acts. The following shall be prohibited: a. maintaining anywhere for use in connection with towing a radio receiving set or other device capable of receiving signals or messages transmitted on the frequencies allocated for police use except in a tow truck for which there exists a current permit issued by the police commissioner pursuant to section 10-102 of the code. In any prosecution for violation of this subdivision, there shall be a rebuttable presumption that such device was used to monitor police transmissions; b. soliciting or offering any inducements or making representations at the scene of a vehicular accident for the towing of any vehicle involved in an accident or for the performance of any repairs on any vehicle involved in an accident except as may be reasonable and necessary at the scene of an accident for the towing of an accident vehicle on a segment of the arterial highways by an arterial tow permittee who has been authorized by the commissioner of transportation or the police commissioner to provide tow service on such segment; c. giving or offering to give any payment, fee, reward, or other thing of value, directly or indirectly, for supplying information concerning a disabled vehicle which may require towing service, which information is or may be used to solicit the towing or repair of such vehicle, or having printed any card or other notice offering to give a payment, fee, reward or other thing of value for such information; or d. at the scene of a vehicular accident, making an estimate of the cost of repairs, offering to make such an estimate, or offering to make repairs, or providing any inducement, discount, reward, or other thing of value to encourage, urge or steer any person to have such accident vehicle towed to a repair facility or to have such accident vehicle repaired at a particular repair facility. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028, L.L. 1993/112, L.L. 1996/058, and L.L. 1997/094.

NYC Admin. Code § 20-516 Records.

§ 20-516 Records. Every person licensed to engage in towing shall maintain records, ledgers, receipts, bills and such other written records as the commissioner may prescribe by regulation in electronic format. Such records shall be made available for inspection by the commissioner at his or her request at either the licensee's place of business or at the offices of the department for a period of five years. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.

NYC Admin. Code § 20-517 Transferability.

§ 20-517 Transferability. No license issued under this subchapter shall be transferred or assigned to any person or used by any person other than the licensee to whom it was issued. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.

NYC Admin. Code § 20-518 Removal of vehicles involved in an accident.

§ 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 this 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 a fee exceeding one hundred and twenty-five dollars or more than twenty-five dollars per day for the first three days of storage and twenty-seven dollars for the fourth day, and each day thereafter, of storage for such vehicle. 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 a fee exceeding one hundred and forty dollars or more than twenty-five dollars per day for the first three days of storage and twenty-seven dollars for the fourth day, and each day thereafter, of storage for such vehicle. 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. Expired. 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 or the police commissioner is required to remove a disabled vehicle therefrom. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028, L.L. 1993/115, L.L. 1996/058, and L.L. 1997/094.

NYC Admin. Code § 20-518.1 Special accident response districts. [Expired] Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/112 and L.L. 1996/058.

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

§ 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 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: one hundred twenty-five dollars for the towing of a vehicle registered at a weight of ten thousand pounds or less; one hundred and forty dollars for the towing of a vehicle registered at a weight of more than ten thousand pounds; twenty-five dollars per day for the first three days and twenty-seven 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 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, which is in the custody of the police department property clerk the charge 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. * Editor's note: section 24-221 was repealed. See now § 24-238 and § 24-240. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028 and L.L. 1993/112.

NYC Admin. Code § 20-520 Removal of disabled vehicles on highways.

§ 20-520 Removal of disabled vehicles on highways. Notwithstanding any other provision of this subchapter, where the authorization of the commissioner of transportation or the police commissioner is required to remove a disabled vehicle from any of the highways, parkways, expressways, drives, interstate routes, thruways and bridges set forth in the traffic regulations of the department of transportation, it shall be a violation of this section to effect such removal without such authorization. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028 and L.L. 1996/058.

NYC Admin. Code § 20-520.1 Acceptance of major credit cards as prerequisite to participation in city towing programs; violations.

§ 20-520.1 Acceptance of major credit cards as prerequisite to participation in city towing programs; violations. a. For purposes of this section, the following terms shall have the following meanings: 1. "City towing program" shall mean the directed accident response program established pursuant to section 20-518 of this subchapter, the special accident response districts established pursuant to section 20-518.1 of this subchapter, the rotation tow program established pursuant to section 20-519 of this subchapter, the removal of disabled vehicles on highways pursuant to authorization by the department of transportation or the police department, and any program whereby a city agency, pursuant to law, rule or agreement, directs a towing business to tow a vehicle without the prior consent of such vehicle's owner for any reason other than the towing of a vehicle in satisfaction of a judgment for an outstanding debt to the city. 2. "Major credit card" shall mean MasterCard, Visa, American Express, or Discover. b. No towing business shall participate in any city towing program, unless such towing business shall: (i) satisfactorily demonstrate to the agency administering such program or authorizing such participation, that such business accepts at least two major credit cards for towing in accordance with generally accepted business practices; (ii) notify such agency in writing of the major credit cards accepted and any changes in the major credit cards such towing business accepts; and (iii) display decals identifying the major credit cards accepted on all tow trucks used to tow vehicles in the city towing program in a manner to be prescribed by the commissioner. c. Any person participating in a city towing program who shall: (i) fail to accept at least two major credit cards; or (ii) refuse to accept a credit card which such person has informed the administering agency is accepted pursuant to subdivision b of this section, shall, after notice and opportunity to be heard, be liable for a penalty not to exceed two thousand five hundred dollars ($2,500). Any such person who has been found guilty of three such violations within the preceding twenty-four month period shall be removed from participation in such program for a period of time to be determined by the commissioner or administering agency but not to exceed one year; provided, however that the provisions of this section shall not apply to any contract entered into between a towing business and a city agency prior to the date of adoption by the city council of the local law which added this section.

NYC Admin. Code § 20-521 Interagency advisory council. [Repealed] (Repealed L.L. 2023/068, 5/29/2023, eff. 6/28/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.

NYC Admin. Code § 20-522 Penalties.

§ 20-522 Penalties. The penalties imposed by this section shall be in addition to any other sanctions and orders which may be imposed by the commissioner pursuant to this chapter including but not limited to such sanctions and orders which may be imposed pursuant to section 20-105 of this code. Notwithstanding the provisions of subdivisions a and b of section 20-106 of this code, the following penalties shall apply for violations of this subchapter: a. 1. Any person who violates the provisions of sections 20-496, 20-509, 20-515, paragraph two of subdivision b of section 20-518 or section 20-527 of this subchapter or any rules promulgated thereunder shall be guilty of a misdemeanor punishable by a fine of not less than five hundred dollars or more than three thousand dollars, or by imprisonment for not more than ninety days, or by both such fine and imprisonment. 2. Any person who violates the provisions of sections 20-496, 20-509, 20-515, paragraph two of subdivision b of section 20-518 or section 20-527 of this subchapter or any rules promulgated thereunder who has been found guilty of a violation of any of such sections or such rules two times within the preceding twenty-four month period shall be guilty of a misdemeanor punishable by a fine of not less than one thousand dollars or more than ten thousand dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment. 3. A person who violates any provision of this subchapter or any of the rules promulgated thereunder and is not subject to the penalties imposed pursuant to paragraphs one or two of this subdivision shall be guilty of an offense punishable by a fine of not less than two hundred fifty dollars or more than two thousand five hundred dollars, or by imprisonment for not more than ninety days, or by both such fine and imprisonment. For every subsequent violation of the same provision of this subchapter by the same licensee within a twenty-four month period, the fine shall increase between one hundred and five hundred dollars per violation. 4. Except as otherwise specifically provided in paragraphs one or two of this subdivision, there shall be no criminal penalties pursuant to this subdivision for a violation of the provisions of sections 20-518 and 20-519 of this subchapter or any rules promulgated thereunder. b. 1. In addition to the penalties prescribed by paragraph one of subdivision a of this section, any person who violates the provisions of sections 20-496, 20-509, 20-515, paragraph two of subdivision b of section 20-518 or section 20-527 of this subchapter or any rules promulgated thereunder shall be liable for a civil penalty of not less than five hundred dollars or more than three thousand dollars. 2. In addition to the penalties prescribed by paragraph two of subdivision a of this section, any person who violates the provisions of sections 20-496, 20-509, 20-515, paragraph two of subdivision b of section 20-518 or section 20-527 of this subchapter or any rules promulgated thereunder who has been found guilty of a violation of any such sections or such rules two times within the preceding twenty-four month period shall be liable for a civil penalty of not less than one thousand dollars nor more than ten thousand dollars. 3. In addition to the penalties prescribed by paragraph three of subdivision a of this section, any person who violates any provision of this subchapter or any rules promulgated thereunder, other than sections 20-496, 20-509, 20-515, paragraph two of subdivision b of section 20-518 or section 20-257 of this subchapter and any rules promulgated thereunder, shall be liable for a civil penalty of not less than two hundred fifty dollars or more than two thousand five hundred dollars. For every subsequent violation of the same provision of this subchapter by the same licensee within a twenty-four month period, the fine shall increase between one hundred and five hundred dollars per violation. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028 and L.L. 1993/112.

NYC Admin. Code § 20-522.1 Violations for operating without a license; seizure; forfeiture.

§ 20-522.1 Violations for operating without a license; seizure; forfeiture. a. 1. For purposes of this section, the term "owner" shall mean an owner as defined in section one hundred twenty-eight and in subdivision three of section three hundred eighty-eight of the vehicle and traffic law. 2. For purposes of this section, the term "security interest" shall mean a security interest as defined in subdivision k of section two thousand one hundred one of the vehicle and traffic law. b. Any police officer or authorized officer or employee of the department, upon service upon the owner or operator of a tow truck of a notice of violation for engaging in any activity for which a license is required pursuant to subdivision a of section 20-496 of this subchapter without such license, may seize a tow truck which such police officer or authorized officer or employee has reasonable cause to believe is being used in connection with such a violation. Any vehicle seized pursuant to this subdivision shall be delivered into the custody of the department or other appropriate agency. The commissioner shall hold a hearing to adjudicate the violation underlying the seizure within five business days after the date of seizure and shall render his or her determination within three business days after the conclusion of the hearing. c. An owner shall be eligible to obtain release of a vehicle seized pursuant to subdivision b of this section prior to the hearing provided for in such subdivision, where such owner has not previously been found liable for a violation for engaging in any activity for which a license is required pursuant to subdivision a of section 20-496 of this subchapter without such license, which violation was committed within a five-year period prior to the violation resulting in seizure. The vehicle shall be released to an eligible owner upon the posting of an all cash bond in a form satisfactory to the commissioner in an amount sufficient to cover the maximum fines or civil penalties which may be imposed for the violation underlying the seizure and all reasonable costs for removal and storage of such vehicle. d. Where the commissioner, after adjudication of the violation underlying the seizure, finds that the vehicle has not been used in connection with engaging in any activity for which a license is required pursuant to subdivision a of section 20-496 of this subchapter without such license, the department shall promptly release such vehicle upon written demand of its owner. e. Where the commissioner, after adjudication of the violation underlying the seizure, finds that the vehicle has been used in connection with engaging in any activity for which a license is required pursuant to subdivision a of section 20-496 of this subchapter without such license, then: (i) if the vehicle is not subject to forfeiture pursuant to paragraph one of subdivision g of this section, the department shall release such vehicle to an owner upon payment of all applicable fines and civil penalties and all reasonable costs of removal and storage; or (ii) if the vehicle is subject to forfeiture pursuant to paragraph one of subdivision g of this section, the department may release such vehicle to an owner upon payment of all applicable fines and civil penalties and all reasonable costs of removal and storage, or may commence a forfeiture action within ten days after the owner's written demand for such vehicle. f. Any vehicle that has not been claimed by the owner within ten days after adjudication by the commissioner of the violation underlying the seizure shall be deemed by the department to be abandoned. Such vehicle shall be disposed of by the department pursuant to section twelve hundred twenty-four of the vehicle and traffic law. g. 1. In addition to any other fine, penalty or sanction provided for in section 20-522 of this code, a vehicle seized pursuant to subdivision b of this section, and all rights, title and interest therein shall be subject to forfeiture to the city upon notice and judicial determination thereof if the owner of such vehicle has been found liable at least two times for using a vehicle in connection with engaging in any activity for which a license is required pursuant to subdivision a of section 20-496 of this subchapter without such license, both of which violations were committed within a five-year period. 2. A forfeiture action which is commenced pursuant to this subdivision shall be commenced by the filing of a summons with notice or a summons and complaint in accordance with the civil practice law and rules. Such summons with notice or a summons and complaint shall be served in accordance with the civil practice law and rules on all owners of the subject vehicle listed in the records maintained by the department of motor vehicles, or for vehicles not registered in New York state, in the records maintained by the state of registration. A vehicle which is the subject of such action shall remain in the custody of the department or other appropriate agency pending the final determination of the forfeiture action. 3. Notice of the institution of the forfeiture action shall be given by first class mail to all persons holding a security interest in such vehicle which security interest has been filed with the department of motor vehicles pursuant to the provisions of title ten of the vehicle and traffic law, at the address set forth in the records of such department, or for vehicles not registered in New York state, all persons who hold a security interest in such vehicle which security interest has been filed with such state of registration and which persons are made known by such state to the department, at the address provided by such state of registration. 4. Any owner who receives notice of the institution of a forfeiture action who claims an interest in the vehicle subject to forfeiture may assert a claim in such action for the recovery of the vehicle or satisfaction of the owner's interest in such vehicle. Any person with a security interest in such vehicle who receives notice of the institution of the forfeiture action who claims an interest in such vehicle subject to forfeiture may assert a claim in such action for satisfaction of such person's security interest in such vehicle. 5. Forfeiture pursuant to this subdivision shall be made subject to the interest of a person who claims an interest in the vehicle pursuant to paragraph four of this subdivision, where such person establishes that: (i) the use of the vehicle for the conduct that was the basis for seizure of the vehicle occurred without the knowledge of such person, or if such person had knowledge of such use, that such person did not consent to such use by doing all that could reasonably have been done to prevent such use, and that such person did not knowingly obtain such interest in the vehicle in order to avoid the forfeiture of such vehicle; or (ii) that the conduct that was the basis for such seizure was committed by any person other than such person claiming an interest in the vehicle, while such vehicle was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States or any state. 6. The department or agency having custody of the vehicle, after judicial determination of forfeiture, shall, at its discretion, either: (i) retain such vehicle for the official use of the city or; (ii) by public notice of at least five days, sell such forfeited vehicle at public sale. The net proceeds of any such sale shall be paid into the general fund of the city. 7. In any forfeiture action commenced pursuant to this subdivision, where the court awards a sum of money to one or more persons in satisfaction of such person or persons' interest in the forfeited vehicle, the total amount awarded to satisfy such interest or interests shall not exceed the amount of the net proceeds of the sale of the forfeited vehicle after deduction of the lawful expenses incurred by the city, including the reasonable costs of removal and storage of the vehicle between the time of seizure and the date of sale.

NYC Admin. Code § 20-523 Enforcement.

§ 20-523 Enforcement. Authorized officers and employees of the department and of the police department shall have the power to enforce any provision of this subchapter or any rule or regulation promulgated hereunder. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.

NYC Admin. Code § 20-524 Applicability of subchapter.

§ 20-524 Applicability of subchapter. a. 1. The commissioner shall grant an exemption from the provisions of this subchapter, other than section 20-520 of this subchapter, to the following persons for the operation of one or more tow trucks that are owned or operated by such person and are used exclusively in the business of such person: (a) a vehicle dismantler, salvage pool, mobile car crusher, or itinerant vehicle collector registered pursuant to section four hundred fifteen-a of the vehicle and traffic law, a scrap processor licensed under article six-C of the general business law and certified by the commissioner of motor vehicles of the state of New York as a scrap processor, and a scrap collector certified by the commissioner of motor vehicles of the state of New York as a scrap collector who complies with all licensing or permitting requirements applicable to such business; (b) a franchised public transportation operator; (c) a common carrier of passengers by motor vehicle, a common carrier of property by motor vehicle, a contract carrier of passengers by motor vehicle, and a contract carrier of property by motor vehicle as such terms are defined in subdivisions seven, eight, nine and ten, respectively, of section two of the transportation law when such common carriers possess such appropriate operating authority as is required by applicable law; (d) a public utility company or a public utility corporation as such terms are defined in subdivisions twenty-three and twenty-four, respectively, of section two of the public service law; (e) an owner of a vehicle licensed pursuant to chapter five of title nineteen of the code; (f) an operator of a school bus as such term is defined in section one hundred forty-two of the vehicle and traffic law; and (g) a motor-vehicle rental agency. 2. An application for such exemption shall be made to the commissioner in the form and manner prescribed by rule of the commissioner. The commissioner may impose a reasonable application fee to cover the administrative costs of granting an exemption. A certificate of exemption shall be issued for each tow truck utilized by such person as described above and shall be displayed in the manner prescribed by rule of the commissioner. No certificate issued pursuant to this subdivision shall be assignable or transferable or used for any tow truck other than the tow truck for which it was issued. b. The licensing requirements of subdivision b of section 20-496 of this subchapter shall not be applicable to an individual employed by a person who has been granted a certificate of exemption pursuant to subdivision a of this section when such individual is driving or otherwise operating a tow truck, or assisting in any activity for which a license is required under this subchapter, and a certificate of exemption has been issued for the tow truck utilized by such individual. c. This subchapter shall not be applicable to a governmental agency or to any person who performs towing and storage services exclusively on the premises of any facility operated by the port authority of New York and New Jersey, or to an individual employed by either such entity when driving or otherwise operating a tow truck or assisting in any activity for which a license is required under this subchapter in the course of his or her employment. d. The commissioner may by rule exempt from the provisions of section 20-509 and 20-514 the towing of certain classes of vehicles based on their dimension, weight, or dimension and weight. e. Notwithstanding the provisions of subdivision c of this section, the provisions of section 20-528 of this subchapter shall be applicable to all city marshals and city agencies. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028 and L.L. 1993/112.

NYC Admin. Code § 20-525 Regulations.

§ 20-525 Regulations. The commissioner may promulgate such rules and regulations as he or she deems necessary to effectuate the purposes of this subchapter. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.

NYC Admin. Code § 20-526 Tow advisory board. [Repealed] (Repealed L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.

NYC Admin. Code § 20-527 Credit cards to be accepted in payment.

§ 20-527 Credit cards to be accepted in payment. Any person licensed pursuant to the provisions of this subchapter shall accept payment in person by credit card for any fees incurred in accordance with generally accepted business practices.

NYC Admin. Code § 20-528 Police precinct notification.

§ 20-528 Police precinct notification. a. Within two hours subsequent to the towing of any motor vehicle pursuant to any provision of this code, any rules promulgated pursuant thereto or any rules promulgated by the department of transportation pursuant to any other provision of law, the tow truck operator or his or her designee shall notify the local police precinct either in person or by electronic submission that the vehicle was towed. Such information shall be made available, upon request, to the owner of the vehicle or to any person authorized by the owner to have possession of the vehicle. Such list shall include the make and model of the vehicle, its license plate number, the reason why the vehicle was towed and the location and hours during which the vehicle may be retrieved. b. The provisions of subdivision a shall not apply where such towing is conducted in the physical presence of or with the consent of a person in charge of the vehicle or where, within two hours of such towing, information relating to such towing is entered by or on behalf of a governmental official or agency into the New York statewide police information network.

NYC Admin. Code § 20-529 Reporting on industry compliance.

§ 20-529 Reporting on industry compliance. Beginning on November 15, 2011 and annually on that date thereafter, the department shall submit a report to the council concerning violations issued to tow truck licensees. Such annual report shall contain data from the preceding twelve months that includes but is not limited to: (a) the total number of violations issued, disaggregated by section of the administrative code violated; (b) the total number of violations issued to each licensee; (c) the number of license suspensions, disaggregated by licensee; and (d) the number of license revocations, disaggregated by licensee. (Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-210944Fetched: 10/24/2026