Towing Vehicles

6 RCNY § 2-361 Definitions.

§ 2-361 Definitions. Whenever used in these regulations, the following terms shall be deemed to mean and include: Commissioner. "Commissioner" shall mean the Commissioner of the Department of Consumer Affairs of the City of New York. Department. "Department" shall mean the Department of Consumer Affairs of the City of New York. Disabled vehicle. "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 vehicular accident. Evidence vehicle. "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. Licensee. "Licensee" shall mean a person (a natural person, corporation, association or partnership) licensed under the provisions of the Administrative Code of the City of New York to operate, engage in, conduct or cause the operation of a business engaged in towing with or without charge or payment therefor. Person in charge of a vehicle. "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. Tow truck. "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. Towing. "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. Vehicle. A motor vehicle as defined in § 125 of the New York State vehicle and traffic law, a tractor as defined in § 151-a of such law or a trailer as defined in § 156 of such law.

6 RCNY § 2-362 Applications for a License to Engage in Towing.

§ 2-362 Applications for a License to Engage in Towing. (a) Every applicant for any license required under this subchapter or for any renewal thereof shall appear at the Department and have his or her fingerprints taken, recorded, filed with and made part of such application. This requirement applies to: the individual owner if the applicant is a sole proprietorship; the general partners, if the applicant is a partnership; and the officers, directors and stockholders owning more than ten percent of the outstanding stock of the corporation if the applicant is a corporation. This requirement shall not apply to any individual whose fingerprints are or have been taken in connection with any other license application or renewal thereof under this subchapter. A processing fee, as required by the New York State Division of Criminal Justice Services or New York City Police Department shall be paid at time of application. (b) Every such applicant shall submit with his or her application one (1) recent, clear photograph of him or herself which shall be 1 1/2 inches square or oval. The name of the applicant shall be legibly printed on the back of each photograph. This requirement applies to every individual required to be fingerprinted by these regulations. (c) Every such applicant must submit to the Commissioner a bond in the sum of five thousand dollars payable to the City of New York. The bond shall be either a cash bond or a bond executed by a duly authorized surety company. The bond shall be conditioned upon: (1) Payments to the City of New York of any fine, penalty or other obligation imposed by the Department of Consumer Affairs for non-compliance with any law(s), rule(s) or regulation(s) governing the conduct of those licensed to engage in the business of towing within 30 days of its imposition or, (2) Payment of any final judgment recovered by any person who received towing services from a licensee hereunder and was damaged thereby. (d) Every such applicant shall furnish a copy of a Certificate of Insurance as proof that every tow truck to be used by such applicant under this license is insured under a liability insurance policy as follows: Not less than two hundred thousand dollars for injury or death of any one person resulting from any one accident; not less than five hundred thousand dollars for injury or death 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. The licensee shall notify the Commissioner of any modification, amendment, cancellation or substitution of any such insurance policy within 10 days of receipt by the licensee of notice to the licensee of any such modification, amendment, cancellation or substitutions. Notice to the Commissioner shall be made by regular mail to the License Issuance Division of the Department. (e) Every such applicant shall produce proof of Workers' Compensation Insurance Coverage consisting of a copy of a Certificate of Insurance from the carrier setting forth the carrier's full name and address; the full name and address of the insured; the policy or binder number; locations and operations covered and the period covered. If coverage is cancelled or lapses, notice thereof shall be given immediately to the Department. Every licensee shall furnish proof of continued coverage whenever required to do so by the Department. Every licensee shall at all times during the term of the license have and maintain Workers' Compensation Insurance Coverage. This requirement shall not apply to those applicants who are not required by law to maintain this coverage or who have been specially exempted from a requirement to maintain such coverage. Any applicant who has been specially exempted must produce proof of exemption from the Workers' Compensation Board. (f) If the applicant conducts business under a trade name or if the applicant is a partnership, the application for a license must be accompanied by a copy of the trade name or partnership certificate duly certified by the clerk of the county in whose office said certificate was filed. If the applicant is a corporation, a copy of the filing receipt or certificate of incorporation filed with and stamped by the New York State Secretary of State must be submitted, along with a Certificate of Assumed Name or filing receipt, if an assumed name is used. (g) Every such applicant shall not have a record of conviction for 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 to engage in the business of towing is required. Consideration may be given to the circumstances of the underlying arrest, age when arrested, time elapsed since the occurrence of the act which led to the arrest and conviction and the subsequent conduct of the applicant. This requirement applies to the individual owner if the applicant is a sole proprietorship; the general partners, if the applicant is a partnership and the officers, directors and stockholders owning more than ten percent of the outstanding stock of the corporation if the applicant is a corporation. (h) Every such applicant with business or storage premises in New York City must submit a current certified Certificate of Occupancy or a letter of permissible use from the Department of Buildings indicating that its business or storage premises are in compliance with the zoning resolution and the Building Code of the City of New York. (i) Every such applicant must show either direct ownership or direct lease or sublease of the business or storage premises, whether located within the City of New York or not. (j) [Reserved.] (k) Every such applicant must submit proof of a valid New York State registration for each tow truck for which a Department license plate is sought. (l) Any applicant who repairs vehicles shall submit proof of a valid New York State Department of Motor Vehicles registration to operate a repair shop. (m) 1) The biennial fee for a license to engage in the business of towing shall be $600.00. All licenses to engage in the business of towing issued pursuant to this subchapter shall expire on April thirtieth in even numbered years, unless sooner suspended or revoked. In addition, there shall be a biennial fee of $600.00 for each tow truck in excess of one and a $50 fee for inspecting each tow truck for which the applicant seeks a Department license plate. (2) When an applicant or licensee fails to present a tow truck for a scheduled inspection, the Department will deem the tow truck to have failed inspection. (3) There shall be a $50 fee for re-inspecting any tow truck that has failed an inspection. (4) Upon payment of the license fee and the tow truck inspection fee or fees and compliance with all other applicable requirements of the Department, the Commissioner will issue to the applicant a license to engage in the business of towing vehicles together with one Department license plate for each tow truck covered by such license. (n) Each license plate will be assigned to a specific tow truck as outlined on the Plate Assignment Roster. A licensee shall have the license plate affixed in the manner specified below, and have the license plate number painted or otherwise securely affixed in the manner specified below. (1) Securely affix by means other than a magnet, the license plate to the rear driver's side, adjacent to or directly above the wheel well of the assigned truck. (2) Paint, or otherwise securely affix the license plate number, by means other than a magnet, on the rear driver's side of the truck above the DCA tow truck plate. The license plate number must also be painted or otherwise securely affixed by means other than a magnet on the rear passenger's side of the truck, in approximately the same position as it is located on the rear driver's side. All numerals painted or otherwise securely affixed to indicate the license plate number must be at least 12 inches high for clear visibility, provided, however, that in the case of a flatbed vehicle, the numerals painted or otherwise securely affixed to indicate the license plate number must be at least 6 inches in height. (3) A licensee who has been approved to participate in the DARP, ROTOW or EVIDENCE VEHICLE programs will be identified as a participant in such program(s) on the Tow Truck Identification Card issued pursuant to subdivision (p) of this section. Any participant who at any time fails to meet the application requirements for the DARP, ROTOW or EVIDENCE VEHICLE programs will be subject to immediately removal from such programs. (4) Below is an example (not drawn to scale) of a properly displayed tow truck plate and license plate number. The plate and license plate number are securely affixed to the truck by means other than a magnet. The Department's current complaint telephone number, the tow truck company's name, address and telephone number, and, for any vehicle assigned to DARP, the legal rate for towing for DARP tows, specifically identified as "Rates for accident tows," must also be clearly painted on or be permanently adhered as a decal by heat treatment to the tow truck, in letters at least 1 1/2 inches high, as illustrated on the next page. 1. Company Name, Address, Telephone 2. Current DCA Complaint Phone Number 3. Rates for Accident Towing and Storage 4. Plate Number 12 inches high 5. DCA plate. Numbers 1, 2, & 3 must be painted on letters, one and a half inch high. (o) Where such applicant is required to pay the New York City commercial motor vehicle tax for one or more tow trucks pursuant to Chapter 8 of Title 11 of the Administrative Code, the applicant shall furnish proof of payment of such tax for each tow truck for which a license is sought. Such proof shall consist of a validated New York City Department of finance Motor Vehicle Tax Receipt issued pursuant to such chapter. (p) Each licensed tow truck shall carry an identification card issued by the Department which shall contain the tow truck's Department license plate number, the tow truck's New York State Department of Motor Vehicles' license plate number, the vehicle identification number assigned to that particular tow truck, the tow truck company's name, the tow truck company's license number and a code letter designating that the tow truck is approved for use in the DARP, ROTOW or EVIDENCE VEHICLE program. (Amended City Record 1/28/2019, eff. 2/27/2019)

6 RCNY § 2-363 Obligations of Those Licensed to Engage in the Business of Towing.

§ 2-363 Obligations of Those Licensed to Engage in the Business of Towing. (a) The Department license plate shall at all times be affixed to a visible and conspicuous part of each tow truck covered by the license, as determined by the Commissioner. However, in no instance shall this plate be affixed to the hood of the tow truck. (b) Each licensee shall notify the Department of any change in its ownership if it is a sole proprietorship, of any change in its general partners if it is a partnership, and of any change in its directors, officers or holders of more than ten percent of its stock if it is a corporation. The license to engage in the business of towing shall become immediately void unless prior written approval of the Department has been obtained (1) with respect to a corporation, where any person or organization becomes the beneficial owner of more than ten percent of the stock of a corporate licensee, if such person or organization was not previously one whose fingerprints were required to be taken under 6 RCNY § 2-362(a); (2) with respect to a partnership, where there is any change in the general partners; and (3) with respect to a sole proprietorship, where there is any change in ownership. (c) Upon the dissolution, suspension, discontinuance, whether voluntary or involuntary, or sale as a going concern of the business of a licensee, it shall be the duty of such licensee to surrender to the Department its license together with all Department license plates issued thereunder. (d) Each corporate licensee must disclose to the Department the identity of each person who holds in the aggregate, either directly or indirectly, through a nominee or any other person holding stock for the use or benefit of such person, more than 10 percent of the outstanding stock of such corporate licensee. (e) Licensee's duty to keep records. (1) Each licensee shall record all calls for towing and record all occasions where towing service was rendered. The licensee shall do this by maintaining in chronological order all authorizations to tow and all towing invoices, for a period of three years. (2) A separate log book shall be maintained for the Stolen and Abandoned Rotation Tow Program, the Directed Accident Response Program and the Evidence Vehicle Program, in accordance with the regulations established for these programs. (3) All required records shall be readily available at the licensee's premises for inspection by the Police Department and the Department of Consumer Affairs during normal business hours. (f) Any licensee holding a license to engage in the business of towing who acquires a tow truck subsequent to the date such license was issued shall submit an application to the Department to obtain a Department license plate to affix to said truck. The licensee must furnish proof of insurance and proof of vehicle registration. (g) Periodic inspections will be made of tow trucks by duly authorized employees of the Department. The inspectors shall check for a valid New York State Department of Motor Vehicle inspection sticker and all other necessary documentation required under the vehicle and traffic law. In addition, the truck must be visibly roadworthy. (h) Licensees may be held responsible for any act or omission of any of their employees which results in the licensee's failure to comply with such regulations as are applicable. (i) Licensees must promptly and in no event later than five business days, report the loss of any Department license plate or license document to the Department as well as the loss or change of the vehicle registration. (j) (1) Each licensee must notify the Department of any conviction for a crime or the entry of a guilty or nolo contendere plea by: (i) any licensed tow truck operator employed by the licensee; or (ii) any person required to be fingerprinted under this subchapter in connection with the licensee's application for a license or renewal thereof. (2) There shall be a rebuttable presumption that a licensee had notice of such conviction for a crime or entry of a guilty or nolo contendere plea by any licensed tow operator in its employ or by any person required to be fingerprinted under this subchapter in connection with the licensee's application for a license or renewal thereof. (k) Licensees must not permit the Department license plate to be used on any vehicle other than the one for which it is issued, without the prior written approval from the Department. (l) Licensees must not store vehicles on a public thoroughfare, unless licensees are directed to do so by the person in charge of the vehicle or a police officer and such placement of such vehicle is not in violation of any other law. (m) Licensees shall take reasonable care to prevent damage to or loss of a customer's vehicle or personal property contained therein. (n) Licensees must notify the Department in writing at the time of their application of the names, addresses and Department license numbers of each tow truck operator who is employed by such licensee. If additional tow truck operators are employed by such licensee after the date of such application, the licensee must notify the Department in writing immediately of the names, addresses and Department license numbers of such additional tow truck operators. The Department shall immediately notify the licensee in writing if any tow truck operator employed and registered with the Department by such licensee lacks a current, valid tow truck operator's license or if such operator's license has been suspended or revoked. (o) No vehicle towed by a licensee to the licensee's premises address shall be left by the licensee on the street in front of, or adjacent to, the licensee's business premises (which include the licensee's storage facilities and auxiliary storage facilities).

6 RCNY § 2-364 Applications for a Tow Truck Operator's License.

§ 2-364 Applications for a Tow Truck Operator's License. (a) Every applicant for a tow truck operator's license must be at least 18 years of age and must submit acceptable proof of age in the form of a birth certificate or a driver's license. (b) Every such applicant must possess a valid New York State class A, B, CDL C or Non-CDL C license, all of which shall also have an endorsement required by law for operating a tow truck, or an equivalent license from another state of which he or she is a resident, provided, however that such person provides the Commissioner with an abstract of his or her driving record from such state. Applicants with out-of-state driver's licenses must present proof satisfactory to the Commissioner that such licenses are current and valid at the time of the filing of the application. (c) Every such applicant must submit with his or her application two (2) recent, clear photographs of himself or herself which shall be 1 1/2 inches square or oval. The name of the applicant shall be legibly printed on the back of each photograph. (d) An applicant shall not have a record of conviction for 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 tow truck operator's license is required. Consideration may be given to the circumstances of the underlying arrest, age when arrested, time elapsed since the occurrence of the act which led to the arrest and conviction and the subsequent conduct of the applicant. (e) The Commissioner may reject an application or move to suspend or revoke the license of an operator whose driving record in the judgment of the Commissioner, adversely affects his or her ability to perform the activities for which a license is required. (f) Every applicant for an operator's license or for any renewal thereof shall appear at the Department and have his or her fingerprints taken, recorded, filed with and made part of such application. This requirement shall not apply to any individual whose fingerprints are or have been taken in connection with any other license application or renewal thereof under this subchapter. A processing fee, as required by the New York State Division of Criminal Justice Services or the New York City Police Department shall be paid at the time of application.

6 RCNY § 2-365 Obligations of Those Licensed to Operate a Tow Truck.

§ 2-365 Obligations of Those Licensed to Operate a Tow Truck. (a) Every operator must have in his or her possession, while operating a tow truck for the purpose of towing, his or her tow truck operator's license. (b) Every operator must, promptly, and in no event later than 10 days, in writing, report a change of residence address to the Department. (c) Every operator must, promptly, and in no event later than 10 days, in person, report the loss of his or her tow truck operator's license to the Department. (d) Every operator must surrender his or her tow truck operator's license to the Department when his or her driver's license has been suspended or revoked. (e) Every operator must promptly and in no event later than 5 days, notify the Department if he or she is convicted of a crime or enters a guilty or nolo contendere plea in any jurisdiction. (f) Operators shall not permit any other person to use his or her tow truck operator's license. (g) Operators shall not operate any tow truck for the purpose of towing for which a Department license plate has not been issued. (h) Operators shall not charge a fee for any towing service in connection with the towing of a vehicle, except as provided by the applicable laws, rules and regulations. (i) Operators shall continuously maintain a valid New York State class A, B, CDL C or non-CDL C license with the endorsement required by law for operating a tow truck, or a current and valid equivalent license from another state of which he or she is a resident.

6 RCNY § 2-366 Responsibility to Provide Towing Services.

§ 2-366 Responsibility to Provide Towing Services. (a) 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 that has a maximum gross vehicle weight of less than 15,000 pounds that is involved in a vehicular accident) who has requested towing to a destination within the city and who is able and willing to pay the towing charges in legal tender, by a credit card in accordance with generally accepted business practices, by a first party insurance check or in any other form acceptable to the licensee. For purposes of this subdivision, "justifiable grounds" shall include but not be limited to (1) the licensee does not have available the tow truck or other equipment necessary to tow the vehicle, (2) the absence of an authorization by the commissioner of transportation which is required to lawfully remove a vehicle from a specific location, and (3) an authorization by the commissioner of transportation to only provide such towing services as may be specified by such commissioner to remove a vehicle from a specific location. (b) Licensees are required to tow a disabled vehicle (other than a vehicle that has a maximum gross vehicle weight of less than 15,000 pounds that is involved in a vehicular accident) with reasonable promptness to a location within the city as designated by the person in charge or owner of the vehicle. Factors that will be considered in the ability to be reasonably prompt are availability of the tow truck and other necessary equipment, weather, distance, and traffic conditions. (c) Licensees are not required to carry any of the occupants of the disabled vehicle in the tow truck. In addition, they shall not, in any instance, charge a fee for any passengers that they do transport. (d) All tow truck operators must issue a clearly written itemized receipt for towing services for which they have been paid. This receipt must state the amount of charges, for what services charges were made, the location from which the vehicle was towed and the location to which the vehicle was towed, the method of payment and the date services were rendered. This receipt must also state the schedule of rates, if applicable, and the license number, the telephone number and the premises address of the company licensed to engage in the business of towing.

6 RCNY § 2-367 Authorization to Tow.

§ 2-367 Authorization to Tow. (a) No tow truck operator shall tow a vehicle for which towing is necessary because of a vehicular accident without (1) an authorization signed by the person in charge of the vehicle, or (2) an authorization signed by a police officer who authorized the towing of such vehicle and where applicable, authorized the storage of such vehicle. (b) The Authorization to Tow form for an accident vehicle towed pursuant to the Directed Accident Response Program shall be a printed form with such captions and blank spaces as are appropriate to insert the information to be furnished concerning the towing of a vehicle. Unless specifically provided otherwise, the printed text shall be in no less than 10 point type in a color that is sharply set off from the background color of the document. The transaction-specific information entered on the form shall be legibly hand printed on the original page with ink in a color that is sharply set off from the background color of the document. The original and all duplicate pages of each authorization form shall contain the following information and include the following statements worded substantially as specified, and in the order listed, below: (1) the caption "AUTHORIZATION TO TOW" which shall be at the top of the document in 12 point, bold face type. (2) the business name, address and telephone number of the tow truck company, as well as the company's Department of Consumer Affairs' license number to engage in the business of towing, (3) the name, address, and telephone number of the person in charge of the vehicle or the owner of the vehicle, or the name and badge number of the police officer who authorized the tow and/or the storage of the vehicle. (4) the date and time the vehicle is towed, the make and model of the vehicle being towed, as well as the year it was manufactured and the State vehicle license plate number. (5) the tow truck operator's name, and his or her Department license number and the tow truck's New York State license plate number, and the Department license plate number assigned to such truck. (6) the location, identified by address or the names of the nearest intersecting streets, where the vehicle was towed from and where it is towed to. (7) the total distance of the tow, as shown by the starting and ending mileage, to the nearest whole mile, on the odometer of the towing vehicle. (8) an itemized accounting of the fees and charges that are or will be due for the towing and storage of the vehicle as authorized by law or rule. Amounts charged for the following shall be separately listed and described, and fees and charges imposed at different rates shall be listed separately: (i) the fee for towing a vehicle registered at a weight of ten thousand pounds or less shall not exceed $125 and for a vehicle registered at a weight of more than ten thousand pounds shall not exceed $140; (ii) the fee for mileage, if applicable, for the distance traveled at a rate not exceeding $4.00 per mile or part thereof; (iii) storage charges for each calendar day of storage at a rate not exceeding $25 per day for the first three days of storage and $27 per day for the fourth calendar day and each calendar day thereafter; (iv) all tolls required to be paid while towing the vehicle; (v) applicable sales tax for transactions in New York City; (vi) a description of any other applicable fees or charges required to be paid as specifically authorized by law or rule. (9) a statement in 12 point, bold face type specifying that: I DIRECT THAT THE VEHICLE BE TOWED TO THE FOLLOWING LOCATION: (with sufficient space left thereafter to enable the person in charge of the vehicle to write in the location where the vehicle is to be towed). The following statement shall be printed immediately below such statement: Unless you have directed otherwise above, your vehicle will be towed to: (insert the address of the approved storage facility where the vehicle will be towed). (10) The following statement shall be printed in 12-point, bold face type immediately above the space reserved for the signature: NOTICE TO THE CONSUMER YOU ARE SIGNING AN AUTHORIZATION FOR TOWING AND, WHERE APPLICABLE, FOR THE STORAGE OF THIS VEHICLE. THIS IS NOT AN AUTHORIZATION TO REPAIR. YOU HAVE THE RIGHT TO HAVE THE VEHICLE REPAIRED AT THE FACILITY OF YOUR CHOICE. ALL THE RATES TO BE CHARGED MUST BE COMPLETED BEFORE YOU SIGN. THE ACTUAL CHARGES DUE MAY BE FILLED IN AT THE COMPLETION OF THE TOW. YOU HAVE THE RIGHT TO HAVE YOUR VEHICLE TOWED TO A LAWFUL LOCATION OF YOUR CHOICE WITHIN NEW YORK CITY. DO NOT SIGN AN AUTHORIZATION FORM WITH ANY BLANK SPACES FOR INFORMATION TO BE COMPLETED BEFORE THE VEHICLE IS TOWED. YOU ARE ENTITLED TO A COPY OF THE FORM UPON SIGNING IT. (11) The statement "I authorize the towing and, where applicable, the storage of the above vehicle to the location as specified above," shall be printed in 12-point, bold face type immediately after the above notice, with a space reserved for the signature and statement as shown below: X ______________________________________ Signature of Owner or Person in Charge (12) The statement and information shall be printed immediately below the signature line: "If you have any complaint concerning the charges for towing or about towing services, notify: Department of Consumer Affairs Consumer Services Division (Insert the Department's current address) (Insert the Department's current telephone number for complaints) (13) The statement "PLEASE SEE CONSUMER'S BILL OF RIGHTS ON THE BACK OF THIS AUTHORIZATION FORM" shall be printed at the bottom of the page. (c) The person paying any charges authorized by this or any other section of the law or rules shall be entitled to a copy of the Authorization to Tow form from the tow truck operator at no additional charge. (d) No tow truck operator shall tow a vehicle for which towing is necessary because of a vehicular accident where the authorization of the commissioner of Transportation or the Police Commissioner is required as provided in § 20-520 of the Administrative Code of the City of New York except pursuant to the Authorization to Tow form that tow truck operators towing such vehicles are required to use pursuant to such authorization; provided, however, that if such authorization does not require such tow truck operators to use an authorization to tow form, such operators shall use an Authorization to Tow form approved by the Commissioner.

6 RCNY § 2-367.1 Consumer Bill of Rights Regarding Towing of Accident Vehicles and Repair Shops.

§ 2-367.1 Consumer Bill of Rights Regarding Towing of Accident Vehicles and Repair Shops. (a) Every owner or person in charge of an accident vehicle subject to the Directed Accident Response Program shall be provided a document entitled "Consumer Bill of Rights Regarding Towing of Accident Vehicles and Repair Shops" before such person signs the Authorization to Tow form as provided in 6 RCNY § 2-367. If the towing of an accident vehicle is authorized by a police officer as provided in 6 RCNY § 2-367, the "Consumer Bill of Rights Regarding Towing of Accident Vehicles and Repair Shops" shall be provided to the owner or person in charge of the vehicle before such vehicle is towed from the accident scene, such as when that person discusses the disposition of the vehicle with such towing company; 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 other person in charge of such vehicle first appears at the premises of such towing company. (b) The "Consumer Bill of Rights Regarding Towing of Accident Vehicles and Repair Shops" shall have printed on it at the top of the page in capital, block face letters and in 14 point bold face type the caption CONSUMER BILL OF RIGHTS REGARDING TOWING OF ACCIDENT VEHICLES AND REPAIR SHOPS followed by statements in the sequence listed below in 10 point type in a color that sharply sets the text off from the background color of the document except that text included below in capital letters shall be in 10 point bold face type: "NOTICE OF RIGHTS AND OPTIONS WHEN YOUR ACCIDENT VEHICLE IS TOWED." Information about the towing of the vehicle. "Your accident vehicle must be towed by the towing company that has been directed to do so by the Police Department." YOU HAVE A RIGHT TO DIRECT THE TOWING COMPANY TO TOW THE VEHICLE TO ANY LOCATION WITHIN THE BOUNDARIES OF NEW YORK CITY, provided the vehicle can be legally left in the location you select. You must indicate on the Tow Authorization form where you want the vehicle towed. If you do not designate a location, the towing company is required to tow the vehicle to its authorized storage facility. You or any person you select, including your insurance agent or adjuster, must be provided, at no extra charge, with reasonable access to view the accident vehicle during normal business hours at the towing company's storage facilities, but any insurance agent or insurance adjuster for a third party may have access only upon furnishing written confirmation they are representing such third party having a claim or defense arising from an accident involving such vehicle. The Authorization to Tow form you sign ONLY AUTHORIZES the towing company to tow your vehicle and to store it at the storage facility of the towing company until you arrange to remove the vehicle. The towing company CANNOT use the towing authorization as an authorization to initiate repairs on the vehicle. UNLESS YOU HAVE SEPARATELY AUTHORIZED THE TOWING COMPANY'S REPAIR SHOP TO MAKE REPAIRS, YOU ARE NOT RESPONSIBLE FOR THE COST OF REPAIRS MADE BY SUCH REPAIR SHOP. The rates charged for towing and storage cannot exceed those listed below for vehicles weighing 10,000 pounds or less: Tow to towing company's storage facilities (including mileage) $125 Tow to location other than towing company's storage facilities (excluding mileage) $125 Charge per mile if towed to location other than towing company's storage facilities $4.00 Storage charge for each calendar day for the first three days of storage* $25 Storage charge for each calendar day for the fourth day of storage or thereafter* $27 Road tolls actually paid $_____ Sales tax rate currently in effect $_____ * Rate does not apply to a vehicle with commercial plate and maximum gross vehicle weight of at least 6,000 pounds. You have a right to pay towing and storage fees in cash or by at least two major credit cards identified by a decal on the tow truck, but a tow company is not obligated to take a check. You may redeem your vehicle during a towing company's normal business hours. Information about Repair of Vehicle You are entitled to have the vehicle repaired by the repair shop of your choice. Within 30 minutes after the payment of all lawful charges (see above), the towing company must make the vehicle available to you or anyone you designate. A towing company may charge a fee of up to $25 for positioning your vehicle so it can be towed away by the tow truck of another company that is using a tow truck capable of towing three or more vehicles simultaneously. No insurance company can require you to have the vehicle repaired by a specific repair shop. You are entitled to request that your insurer recommend a repair shop. If you choose to have your vehicle repaired by a repair shop recommended by your insurer, your insurer becomes responsible for the adequacy of the repairs made by that repair shop.

6 RCNY § 2-368 Rates and Charges.

§ 2-368 Rates and Charges. (a) 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 $125 for the first ten miles or fraction thereof, $4 for each additional mile or fraction thereof, and all tolls required to be paid while towing the vehicle. (b) Charges for the storage of vehicles following a towing of a disabled passenger vehicle from an arterial roadway by an arterial tow permittee shall not exceed $25 for each twenty-four hours or fraction thereof for the first three days of storage and $27 for the fourth day of storage and each day thereafter. (c) Charges for the towing of vehicles shall not exceed $100 plus all tolls required to be paid while towing the vehicle; provided, however, that where a motor vehicle has been booted by a person licensed, pursuant to Subchapter 32 of Chapter 2 of Title 20 of the New York City Administrative Code 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. The rates in this subdivision shall not apply to the towing of motor vehicles pursuant to a contract which was in existence prior to the need for the towing of such vehicles, provided that such motor vehicles are either owned or leased by the person who entered into such contract. (d) Charges for the storage of vehicles shall not exceed $25 for each twenty-four hours or fraction thereof for the first three days of storage and $27 dollars for the fourth day of storage and each day thereafter. The rates in this subdivision shall not apply to the storage of motor vehicles pursuant to a contract which was in existence prior to the need for storage of such vehicles, provided that such motor vehicles are either owned or leased by the person who entered into such contract. (e) Towing and storage rates for vehicles other than passenger vehicles are provided for by 34 RCNY § 4-07(i). (f) (1) Where unusual preparation is required before a vehicle can be towed, additional charges may be imposed not to exceed $12.00 per tow truck for each 1/4 hour or part thereof, provided, however, that no such charge may be imposed or collected if an accident vehicle is towed pursuant to the Directed Accident Response Program. Unusual preparation includes winching or righting a vehicle or any other preparation necessary to put the vehicle in a position where it can be hooked or raised to the tow truck. (2) Notwithstanding paragraph one of this subdivision, a towing company which has towed a vehicle to its storage facilities may charge an additional amount not to exceed $25 for the positioning of such vehicle for removal from such storage facilities by the tow truck of another towing company that is capable of towing three or more vehicles simultaneously. Such other towing company must be licensed or otherwise exempt from the licensing provisions of Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code, or must be based outside of New York City and thereby not be required to be licensed pursuant to such provisions of the New York City Administrative Code. (Amended City Record 1/28/2019, eff. 2/27/2019)

6 RCNY § 2-368.1 Display of Major Credit Card Decals on Tow Trucks Used in a City Towing Program and Notification of Changes in Acceptance of Major Credit Cards.

§ 2-368.1 Display of Major Credit Card Decals on Tow Trucks Used in a City Towing Program and Notification of Changes in Acceptance of Major Credit Cards. (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 § 20-518 of the Administrative Code of the City of New York, the rotation tow program established pursuant to § 20-519 of such Code, 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) A towing business that participates in any city towing program shall have permanently affixed to each tow truck used to tow vehicles in such city tow program decals identifying the major credit cards accepted as payment for towing under such program in accordance with § 20-520.1 of the Administrative Code of the City of New York. Each such decal shall be no less than three and three-sixteenth inches wide by two inches high, and shall be securely affixed by means other than a magnet immediately above or below the space where the legal rates for towing and storage are painted on the tow truck or immediately below the legal rates for towing and storage are painted on the tow truck or immediately below the place where such tow truck company's name, address and telephone number are painted on the door of the tow truck in accordance with 6 RCNY § 2-362(n)(4). If such major credit cards are not accepted by such towing business as payment for towing performed outside the scope of such city towing program, such towing business shall also paint immediately below such decals on each tow truck used to tow vehicles in such city towing program in letters at least one and one-half inches high the words "THESE CARDS ACCEPTED ONLY FOR TOWING UNDER FOLLOWING CITY TOWING PROGRAM" followed by a listing of each applicable program. If such limitation is not so disclosed on a tow truck used by a towing business in any city towing program, such towing business shall accept the major credit cards it has identified by such decals as payment for any services performed by such towing business. (c) No later than ten days before a change in the major credit cards accepted for payment by a towing company participating in any city towing program becomes effective, such towing business shall notify the Department in writing of any such change, and shall certify to the Department in a sworn statement that the credit card decals required to be affixed pursuant to subdivision b of this section have been modified to reflect such change.

6 RCNY § 2-369 Authorization to Repair.

§ 2-369 Authorization to Repair. No person licensed to engage in the business of towing, through any employee or agent, may obtain at the scene of an accident the signature of any person authorizing the repair of a vehicle disabled in the accident or at a hospital, if such person requires hospitalization, until at least twenty-four hours after the accident. Any such written authorization so obtained shall be voidable at the option of the owner or of the person in charge of the vehicle. (a) An "Authorization to Repair" shall not be signed at the scene of an accident. It can be signed only at: (1) The place to which the vehicle is towed; or (2) The home of or place designated by the person in charge of a disabled vehicle; or (3) The hospital, if such person requires hospitalization. In such case, the authorization shall not be presented to the injured party for signature at the hospital until at least twenty-four hours after the accident. (b) Any "Authorization to Repair" which is not properly completed shall be voidable at the option of the owner or the person in charge of a disabled vehicle. It shall be the responsibility of the tow truck operator to make certain that the person signing the "Authorization to Repair" writes in his or her own handwriting the location where the form is signed. No blank "Authorization to Repair" forms shall be carried on a tow truck or on the person of a tow truck operator while on a tow truck. (c) The authorization to repair form shall require the following information: (1) The tow truck company's name, address and business telephone number. (2) The name, signature, address, and telephone number of the person in charge of the disabled vehicle. (3) The make, type and year of manufacture of the disabled vehicle. (4) The New York State Department of Motor Vehicle registration number of the disabled vehicle. (5) The date and time the authorization is signed. (6) The operator's name and license number. (7) A notice to the owner or person in charge of the damaged vehicle to read as follows: NOTICE: TO OWNER OR PERSON IN CHARGE OF DAMAGED VEHICLES: PLEASE READ ALL PRINTED MATTER BEFORE SIGNING. ALL COMPLAINTS AS TO QUALITY OF REPAIRS MUST BE MADE TO THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES. NO TOWING COMPANY OR INSURANCE COMPANY MAY REQUIRE THAT REPAIRS BE MADE TO A MOTOR VEHICLE IN A PARTICULAR PLACE OR REPAIR SHOP. YOU HAVE THE RIGHT TO HAVE YOUR MOTOR VEHICLE REPAIRED IN THE SHOP OF YOUR CHOICE. (8) A statement of the following: You cannot be required to sign this "AUTHORIZATION TO REPAIR" at the scene of an accident. 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. Before signing your name to the bottom of this form, write in your own handwriting in the space provided below your name and the address of the premises at which this form is signed. (9) Statement to appear on form along with a space provided for signature: I AUTHORIZE THE REPAIR OF THE VEHICLE INDICATED ABOVE. (10) Statement to appear on form: ALL OF THE ABOVE ENTRIES MUST BE MADE AT THE TIME THE AUTHORIZATION TO REPAIR IS SIGNED.

6 RCNY § 2-370 Arterial Towing.

§ 2-370 Arterial Towing. No person shall cause or permit the removal of a disabled vehicle from an arterial highway, parkway, and expressway, roadway tunnel, and bridge, except by a licensed tow truck under authority issued by the Commissioner of the Department of Transportation as specified in the Traffic Regulations, § 2-256(j). Those who are issued arterial tow authority may charge the additional service fees as specified in § 2-256(j)(2) of the Traffic Regulations. Note: All other rules within these regulations, in addition to the above, are applicable to permittees operating on arterial highways under permit from the Department of Transportation.

6 RCNY § 2-371 The Directed Accident Response Program (DARP).

§ 2-371 The Directed Accident Response Program (DARP). (a) Applicants must be licensed to engage in the business of towing by the New York City Department of Consumer Affairs. Applicants who apply to be in the DARP program must be licensed to engage in the business of towing for a period of not less than one year immediately prior to the date of their application. The applicant's business premises, which include the applicant's storage facilities and auxiliary storage facilities, must be located within the geographic boundaries of New York City. In addition, all of the tow truck operators employed by the licensee must be licensed as such by the Department and comply with all applicable laws and rules. (b) Any vehicle with a maximum gross vehicle weight of less than fifteen thousand pounds which has been involved in a vehicular accident and which cannot be safely driven under its own power must be removed from the accident scene by the authorized DARP tower to the premises address on the responding company's license or to a location designated by a person in charge of such vehicle; provided, however, that such location is within the boundaries of the City of New York and placement of such vehicle is not in violation of any other law. A police officer may make the determination whether the vehicle may be safely driven under its own power. No vehicle removed from the accident scene to the DARP tower's premises address shall be left by a licensee on the street in front of, or adjacent to, the licensee's business premises (which include the licensee's storage facilities and auxiliary storage facilities). (c) Applicants who apply to be in the DARP program must make application to participate only in the zone in which their business premises is located. Such premises shall be under the exclusive control of the applicant, shall not be used by any other towing company and 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 Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code are maintained. An applicant's approval to participate in DARP is valid only for such applicant's business premises as identified in its application that has been inspected and has qualified for participation in DARP. Such approval to participate in DARP is revoked when the business premises of such applicant is moved from the location that was identified in the application unless such move has been approved as provided in subdivision (aaa) of this section. (d) Applications for the DARP program will be accepted by the Department on an ongoing basis. Upon approval, new participants will initially be placed at the bottom of the rotation list for the zone for which they have been accepted. (e) In the event that a sufficient number of qualified, licensed companies do not make application for participation in a particular zone, the Commissioner may modify the proposed zones and assign qualified companies to such zones. (f) Applicants for DARP must be willing and able to provide towing services, in the zone(s) for which they have applied to participate, seven days a week on a twenty-four hour a day basis. (g) Applicants for DARP must immediately respond to a rotation call. To be eligible to participate in a particular zone, an applicant must be able to provide a tow truck at the disabled vehicle's location within thirty minutes after notification by the tow truck notification operator. If no DARP participant is available in the zone where the disabled vehicle is located the tow truck notification operator may call a DARP participant in a geographically adjacent zone. (h) [Reserved.] (i) [Reserved.] (j) [Reserved.] (k) Applicants must have a minimum of two (2) tow trucks for each zone for which they apply to participate, at least one of which must be a flat-bed tow truck suitable for removing accident vehicles. (l) Applicants must own or possess and have at their immediate disposal equipment to tow vehicles with damaged or missing wheels. (m) Applicants must own, lease, or sublease business premises, which include either indoor, or lighted and fenced outdoor, storage facilities. The storage facilities must have a locked gate and be suitable for the storage of vehicles. The minimum footage requirements for storage of DARP vehicles is 1,200 square feet per licensed tow truck over and above any storage requirements for the Rotation Tow Program. Applicants who apply to be in the DARP program on or after December 6, 1994 must demonstrate that the towing company owns, leases or subleases its business premises by providing the Department with a deed if the applicant owns such premises or by providing the Department with the actual lease or sublease agreement if the applicant leases or subleases such premises. Common or shared business premises, including storage facilities and auxiliary storage facilities, with another towing company is not permitted. (n) Applicants must separate the storage facilities that they share with another company other than a towing company by a physical separation, such as a fence. Upon approval by the Department, applicants may use auxiliary storage facilities to satisfy the minimum footage requirements of subdivision (m) of this section. For those applicants who apply to be in the DARP program on or after December 6, 1994, any such auxiliary storage facilities shall be within 2,640 feet of the applicant's premises address. At the request of the owner of the disabled vehicle, his or her agent or an authorized insurance company representative, a vehicle being stored at the applicant's auxiliary storage facilities shall be immediately produced at the applicant's premises address and no fee other than fee authorized by 6 RCNY § 2-368 may be imposed for such production of such vehicle at the applicant's premises address. (o) Participants shall take reasonable care to prevent damage to or loss of a customer's vehicle or personal property contained therein. (p) Participants shall not be required to tow motor vehicles with a maximum gross vehicle weight of at least fifteen thousand pounds. (q) Participants may withdraw from the DARP program thirty days after they have notified the Department, in writing, by regular mail, of their intention to end their participation. (r) Participants shall pay a biennial fee of $300. (s) [Reserved.] (t) Participants must abide by all lawful instructions, directions and requests of the police official in charge of the accident. (u) Participants must record in a bound record book, or in an electronic format as prescribed in subparagraphs ii or iii of paragraph 3 of subdivision b of 6 RCNY § 2-378, all calls for service, all occasions when towing service was rendered and the reason for refusal of any call to which they were unable to respond. If the participant elects to use a bound record book, the inside cover of the book kept for this purpose shall contain the DARP towing company's business name, premises address, towing zone number(s) and the dates the book covers. Each double page shall be consecutively numbered and must contain the following information: Date and time Police Department tow truck notification operator call was received Name of person who accepted call Disposition: Accepted/refused Reason for refusal Location vehicle towed from Time tow was completed Location vehicle towed to Tow fees/Storage fees Total charges Fees paid by credit card: Y/N Redemption date Vehicle disposition (v) Participants must be open for redemption of vehicles towed in the DARP program during the hours of 9 a.m. to 4 p.m., Monday through Friday. In addition, they must be opened for redemption from 9 a.m. to 4 p.m. on either Saturday or Sunday, as such participant has informed the Department in writing, provided, however, that if such participant fails to so notify the Department, the participant shall be deemed to have elected to be open for redemption from 9 a.m. to 4 p.m. on both Saturday and Sunday. In all instances, participants shall make vehicles immediately available for redemption to the owner of the disabled vehicle, his or her agent, or an authorized insurance company representative. The participant may be closed for redemption on New York City public holidays. (w) No participant shall release a vehicle that has been involved in a vehicular accident and which cannot be safely driven under its own power to another towing company unless that towing company is licensed or otherwise exempt from the licensing provisions of Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code, or that towing company is based outside of New York City and thereby is not required to be licensed pursuant to such provisions of the New York City Administrative Code. (x) Participants shall not release vehicles towed in the DARP program unless the person redeeming the vehicle presents sufficient proof that he or she is the owner of the vehicle or is the owner's agent. Sufficient proof of ownership includes the vehicle's New York State Department of Motor Vehicles' registration receipt (or equivalent out-of-state vehicle registration) or certificate of title. If the vehicle is being redeemed by an insurance company as agent for the owner, the insurance company shall present a notarized "receipt for release form" on the insurance company's letterhead signed by a representative of the insurance company. Upon presentation of sufficient proof of ownership and payment of the authorized charges, the disabled vehicle shall be immediately released. Payment of the authorized charges may be made in legal tender, by a major credit card for which a decal is required to be affixed to a tow truck as provided in 6 RCNY § 2-368.1, by a first party insurance check or in any other form acceptable to the licensee. At any time when a participant is required to be open for redemption pursuant to subdivision (v) of this section, any vehicle owner shall be permitted to inspect his or her vehicle and remove items of personal property contained therein if it can be dismantled and removed from the vehicle without the use of any tool, and any agent shall be permitted to inspect such vehicle, whether or not the payment for towing and storage has been made. No charge shall be assessed to the vehicle owner or the vehicle owner's agent for such inspection. The participant shall be given a receipt for any property removed from a vehicle while it is in the custody of the participant. (y) After due notice and opportunity to be heard, the Commissioner may disqualify any towing company participating in the DARP program from continued participation in such program for violation of any of the provisions of § 20-518 of the New York City Administrative Code or any rule promulgated thereunder or upon the occurrence of any one or more of the conditions set forth in Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code which constitute grounds for suspension or revocation of any license issued under such subchapter. 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 DARP 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 Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code. (z) The DARP tower must affirmatively disclose that a customer has the right to have his or her vehicle repaired at the facility of the DARP tower or at any other facility of the customer's choice. Such disclosure shall include, but not be limited to, the posting of a sign in a conspicuous place in the repair shop stating that: NO TOWING COMPANY OR INSURANCE COMPANY MAY REQUIRE THAT REPAIRS BE MADE TO A MOTOR VEHICLE IN A PARTICULAR PLACE OR REPAIR SHOP. YOU HAVE A RIGHT TO HAVE YOUR MOTOR VEHICLE REPAIRED IN THE SHOP OF YOUR CHOICE. (aa) Unless otherwise provided by law or by rule, the term "applicant" shall include (1) persons who are applying to participate in the DARP; and (2) DARP participants who are currently applying for renewal of their license to engage in the business of towing. (bb) A participant who is to relocate his or her business premises from the location which has been approved by the Department for participation in DARP shall remain in such program only if: (1) Such participant first notifies the Department in writing of the address of its new business premises and the effective date of such relocation. Such written notification shall be made no later than 15 days before the effective date of such relocation; (2) The Department, upon receiving timely relocation notification, determines that the new location qualifies the participant to continue in the DARP and furnishes such participant a contingent approval to relocate its premises subject to such conditions as are specified therein; and (3) The participant provides a sworn statement and such other proof as the Department may require that such participant has fully and completely complied with each condition specified in such contingent approval that relates to DARP requirements that can be fulfilled only after such business premises are relocated, such as, but not limited to, the required lettering on tow trucks, the place where the DARP log book is to be kept, and the place where calls to the business are answered. Failure to provide such a sworn statement, and such other proof as the Department requires, not later than 15 days after the effective date of such relocation shall void such contingent approval to relocate, and the participant shall be immediately removed from the DARP.

6 RCNY § 2-371.1 Special Accident Response Districts (SARD). [Repealed]

6 RCNY § 2-372 The Rotation Tow Program (ROTOW).

§ 2-372 The Rotation Tow Program (ROTOW). (a) Applicants must be licensed to engage in the business of towing by the New York City Department of Consumer Affairs. Applicants who apply to be in the ROTOW program on or after March 1, 1993 must be licensed to engage in the business of towing for a period of not less than one year immediately prior to the date of their application. In addition, all tow truck operators employed by the licensee must be licensed as such by the Department and comply with all applicable laws and rules. (b) Applicants can only make application to participate in one primary zone and one geographic adjacent zone. The applicant's business premises must be located within the primary zone. Such premises shall be under the exclusive control of the applicant, shall not be used by any other towing company and 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 Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code are maintained. (c) Applications for the ROTOW program will be accepted by the Department on an ongoing basis. Upon approval, new participants will initially be placed at the bottom of the rotation list for the zone for which they have been accepted. (d) In the event that a sufficient number of qualified, licensed companies do not make application for participation in a particular zone, the Commissioner may modify the proposed zones and assign qualified companies to such zones. (e) Applicants for ROTOW must be willing and able to provide towing services, in the primary and adjacent zone for which they have applied to participate, minimally on a five-day, twenty-four-hour a day basis. Applicants who will be available to respond to ROTOW calls for fewer than seven days a week shall notify the Department in writing and shall specify in such written notification which days of the week they shall be available. Furthermore, any change in the days of availability shall be submitted to the Department in writing at least thirty days prior to the effective date thereof. If no written notification is received regarding availability for fewer than seven days per week, applicants shall be deemed to have elected to accept ROTOW calls seven days a week. (f) Applicants for ROTOW must immediately respond to a rotation call they accept. To be eligible to participate in a particular zone, an applicant must be able to provide a tow truck at the vehicle's location within thirty minutes after notification by the Police Department. If no ROTOW participant is available in the zone where the vehicle is located, the Police Department may call a ROTOW participant in the adjacent zone. (g) Applicants must have a minimum of two (2) tow trucks for the zone for which they have applied to participate. (h) Applicants must own or possess and have at their immediate disposal equipment to tow vehicles with damaged or missing wheels. (i) Applicants must own, lease or sublease premises, which provide either indoor, or lighted and fenced outdoor, storage facilities. The storage facilities must have a locked gate and be suitable for the storage of vehicles. Applicants who apply to be in the ROTOW program on or after December 6, 1994 must demonstrate that the towing company owns, leases or subleases its business premises by providing the Department with a deed if the applicant owns such premises or by providing the Department with the actual lease or sublease agreement if the applicant leases or subleases such premises. The minimum footage requirements for storage of ROTOW vehicles is 1,600 square feet over and above any storage requirements for the Directed Accident Response Program. All vehicles towed pursuant to ROTOW must, at all times, be secured at the premises address of the responding company, or at its auxiliary storage facilities if such facilities have been approved by the Commissioner for storage of DARP vehicles pursuant to 6 RCNY § 2-371(n). At the request of the owner of a disabled vehicle, his or her agent or an authorized insurance company representative, a vehicle being stored at the applicant's auxiliary storage facilities shall be immediately produced at the applicant's premises address and no fee other than a fee authorized by 6 RCNY § 2-368 may be imposed for such production of such vehicle at the applicants premises address. Common or shared business premises with another towing company, including storage facilities and auxiliary storage facilities they share with another company other than a towing company by a physical separation, such as a fence. No participant shall release a vehicle to another towing company unless that towing company is licensed or otherwise exempt from the licensing provisions of Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code, or that towing company is based outside of New York City and thereby is not required to be licensed pursuant to such provisions of the New York City Administrative Code. (j) Participants may withdraw from the ROTOW program thirty days after they have notified the Department, in writing, by regular mail, of their intention to end their participation. (k) [Reserved.] (l) Any participant who has failed to respond within 30 minutes to a call on three or more occasions within any 180 consecutive days may be suspended and/or removed from participation in the ROTOW program. Repeated refusal to accept rotational calls will also be a basis for suspension and/or removal from participation in the ROTOW program. (m) Participants must abide by the Police Department's written orders, which establish the operating procedures for this program. (n) Participants must abide by all lawful instructions, directions and requests of the police official in charge of the scene, incident, or location to which it or its representatives respond. (o) Participants must record in a bound record book, or in an electronic format as prescribed in subparagraphs ii or iii of paragraph 3 of subdivision c of 6 RCNY § 2-378, all calls for service, all occasions when towing service was rendered and the reason for refusal of any call to which they were unable to respond. If the participant elects to use a bound record book, the inside cover of the book kept for this purpose shall contain the ROTOW towing company's business name, premises address, towing zone number(s) and the dates the book covers. Each double page shall be consecutively numbered and must contain the following information: Date and time Police Department call was received Caller: rank, name Precinct voucher number Precinct Name of person who accepted call Disposition: Accepted/refused Reason for refusal Location vehicle towed from Time tow was completed Storage location vehicle towed to Tow fees/Storage fees Total charges Fees paid by credit card: Y/N Redemption date Vehicle disposition (p) Participants must be open for redemption of vehicles towed in the ROTOW program during the hours of 9 a.m. to 4 p.m., Monday through Friday. In addition, they must be open for redemption from 9 a.m. to 4 p.m. on either Saturday or Sunday, as such participant has informed the Department in writing. In all instances, participants shall make vehicles immediately available for redemption to the owner of the disabled vehicle, his or her agent, or an authorized insurance company representative. The participant may be closed for redemption on New York City public holidays. (q) Participants shall not release vehicles towed in the ROTOW program unless the person redeeming the vehicle presents sufficient proof that he or she is the owner of the vehicle or is the owner's agent. Sufficient proof of ownership includes the vehicle's New York State Department of Motor Vehicles registration receipt (or equivalent out-of-state registration) or certificate of title. If the vehicle is being redeemed by an insurance company as agent for the owner, the insurance company shall present a notarized "receipt for release form" on the insurance company's letterhead signed by a representative of the insurance company. Upon presentation of sufficient proof of ownership and payment of the authorized charges, the disabled vehicle must be immediately released. Payment of authorized charges may be made in legal tender, by a credit card in accordance with generally accepted business practices, by a first party insurance check or in any other form acceptable to the licensee. At any time when a participant is required to be open for redemption pursuant to subdivision (p) of this section, any vehicle owner or agent shall be permitted to inspect his or her vehicle and remove items of personal property contained therein whether or not the payment for towing and storage has been made. No charge shall be assessed to the vehicle owner or the vehicle owner's agent for such inspection. The participant shall be given a receipt for any property removed from a vehicle while it is in the custody of the participant. (r) Participants who transfer an unclaimed vehicle into the custody of the Police Department Property Clerk shall be entitled to charge the Police Department amounts not in excess of those listed in § 20-519(c) of the Administrative Code of the City of New York. (s) During the period commencing on the eighth day after the vehicle is removed to such storage facilities and ending on the thirtieth day after such removal, vehicles that have not been claimed must be transferred by the ROTOW participants into the custody of the Police Department Property Clerk. A ROTOW participant may continue to store at such ROTOW participant's storage facilities a vehicle that has been claimed by an owner or other person and shall be entitled to charge for such continued storage and storage rates ROTOW participants are entitled to charge owners or other persons claiming such vehicles pursuant to § 20-519(c)(1) of the New York City Administrative Code where such owner or such other person has claimed such vehicle before the end of the thirtieth day after such vehicle was towed and has entered into an agreement with such ROTOW participant for continued storage of such vehicle. An agreement for continued storage of a vehicle by a ROTOW participant may include provision for storage of such vehicle beyond the end of the thirtieth day after such vehicle was towed by such ROTOW participant. (t) The following schedule of rates shall apply for vehicles towed under the Rotation Towing Program: (1) Rates paid to towing company by owners or other persons claiming a vehicle: (i) $125.00 flat rate towing fee for the towing of a vehicle registered at a weight of ten thousand pounds or less; $140.00 for the towing of a vehicle registered at a weight of more than ten thousand pounds. (ii) $25.00 per/day storage for first three days. (iii) $27.00 storage thereafter up to the maximum of thirty days. (2) An additional charge of $50.00 may be charged for unusual recoveries requiring two tow trucks. Written authorization of the investigating police officer is required in the "Remarks" section of the invoice to substantiate the need for a second tow truck in unusual recovery circumstances. (3) The special rate for this program shall be prominently posted within the participant's premises on a sign no less than 14 inches by 20 inches in size. (4) Rates paid to towing company by the Police Department: (i) $60 flat rate transfer fee for the unclaimed vehicles towed to the property clerk's facilities, plus tolls, when applicable. (ii) $5.00 per/day storage for the first three days. (iii) $8.00 per/day storage thereafter up to the maximum ten days. (u) After due notice and opportunity to be heard, the Commissioner may disqualify any towing company participating in the ROTOW program from continued participation in such program for violation of any of the provisions of § 20-519 of the New York City Administrative Code or any rule promulgated thereunder or upon the occurrence of any one or more of the conditions set forth in Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code which constitute grounds for suspension or revocation of any license issued under such 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 ROTOW 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 Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code. (v) Participants shall take reasonable care to prevent damage to or loss of a customer's vehicle or personal property continued therein. (w) Unless otherwise provided by law or by rule, the term "applicant" shall include (1) persons who are applying to participate in the ROTOW program; and (2) ROTOW participants who are currently applying for renewal of their license to engage in the towing business. (x) A participant who is to relocate his or her business premises from the location which has been approved by the Department for participation in the ROTOW program shall remain in the ROTOW program only if: (1) Such participant first notifies the Department in writing of the address of its new business premises and of the effective date of such relocation. Such written notification shall be made not less than 15 days before the effective date of such relocation; (2) The Department, upon receiving timely relocation notification, determines that the new location qualifies the participant to continue in the ROTOW program and furnishes such participant a contingent approval to relocate its premises subject to such conditions as are specified therein; and (3) The participant provides a sworn statement and such other proof as the Department may require that such participant has fully and completely complied with each condition specified in such contingent approval that relates to ROTOW program requirements that can be fulfilled only after such business premises are relocated, such as, but not limited to, the required lettering on tow trucks, the place where the ROTOW log book is to be kept, and the place where calls to the business are answered. Failure to provide such a sworn statement, and such other proof as the Department requires, not later than 15 days after the effective date of such relocation shall void such contingent approval to relocate, and the participant shall be immediately removed from the ROTOW program.

6 RCNY § 2-373 Evidence Vehicle Program (Evidence Vehicle).

§ 2-373 Evidence Vehicle Program (Evidence Vehicle). (a) Applicants must be licensed to engage in the business of towing by the New York City Department of Consumer Affairs. Applicants who apply to be in the Evidence Vehicle program on or after March 1, 1993 must be licensed to engage in the business of towing for a period of not less than one year immediately prior to the date of their application. In addition, all of the tow truck operators employed by the licensee must be licensed as such by the Department and comply with all applicable laws and rules. (b) Applicants can only make application to participate in one primary zone and one geographic adjacent zone. The applicant's business premises must be located within the primary zone. Such premises shall be under the exclusive control of the applicant, shall not be used by any other towing company and 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 Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code are maintained. (c) Applications for the Evidence Vehicle program will be accepted by the Department on an ongoing basis. Upon approval, new participants will initially be placed at the bottom of the rotation list for the zone for which they have been accepted. (d) In the event that a sufficient number of qualified, licensed companies do not make application for participation in a particular zone, the Commissioner may modify the proposed zones and assign qualified companies to such zones. (e) Applicants for Evidence Vehicle must be willing and able to provide towing services, in the primary and adjacent zone for which they have applied to participate, minimally on a five day, twenty-four hour a day basis. (f) Applicants for Evidence Vehicle must immediately respond to a rotation call they accept. To be eligible to participate in a particular zone, an applicant must be able to provide a tow truck at the vehicle's location within thirty minutes after notification by the Police Department. If no Evidence Vehicle participant is available in the zone where the vehicle is located, the Police Department may call an Evidence Vehicle participant in the adjacent zone. (g) Applicants must have a minimum of two (2) tow trucks for the zone for which they have applied to participate. (h) Applicants must own or possess and have at their immediate disposal equipment to tow vehicles with damaged or missing wheels. (i) Participants may withdraw from the Evidence Vehicle program thirty days after they have notified the Department, in writing, by regular mail, of their intention to end their participation. (j) [Reserved.] (k) Repeated failure by a participant to meet the thirty minute requirement may be a basis for suspension or removal from participation in the Evidence Vehicle Program. Repeated unjustifiable refusal to accept rotational calls will also be a basis for suspension or removal from participation in the Evidence Vehicle Program. (l) Participants must abide by the Police Department's written orders, which establish the operating procedures for this program. (m) Participants must abide by all lawful instructions, directions and requests of the police official in charge of the scene, incident, or location to which it or its representatives respond. (n) Participants must record in a bound record book all calls for service, all occasions when towing service was rendered and the reason for refusal of any call to which they were unable to respond. The inside cover of the book kept for this purpose shall contain the Evidence Vehicle towing company's business name, premises address, towing zone number(s) and the dates the book covers. Each double page shall be consecutively numbered and must contain the following information: Date and time Police Department call was received Caller: rank, name Precinct voucher number Precinct Name of person who accepted call Disposition: Accepted/refused Reason for refusal Location vehicle towed from Storage location vehicle towed to Time tow was completed Total Charges (o) The following schedule of rates shall apply for vehicles towed under the Evidence Vehicle Towing Program: $60.00 flat rate transfer fee for vehicles towed to the Police Department facility, plus tolls, when applicable. An additional charge of $60.00 may be charged for unusual recoveries requiring two tow trucks. Written authorization of the investigating police officer is required in the "Remarks" section of the invoice to substantiate the need for a second tow truck in unusual recovery circumstances. (p) After due notice and opportunity to be heard, the Commissioner may disqualify any towing company participating in the Evidence Vehicle program from continued participation in such program for violation of any of the provisions of § 20-519 of the New York City Administrative Code or any rule promulgated thereunder or upon the occurrence of any one or more of the conditions set forth in Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code which constitute grounds for suspension or revocation of any license issued under such 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 Evidence Vehicle 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 Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code. (q) Participants shall take reasonable care to prevent damage to or loss of a customer's vehicle or personal property contained therein.

6 RCNY § 2-374 Primary and Adjacent Zones.

§ 2-374 Primary and Adjacent Zones. (a) DARP applicants who apply to be in the DARP program on or after December 6, 1994 must make application to participate only in the zone in which their business premises is located. (b) ROTOW and EVIDENCE VEHICLE applicants may apply for one Primary Zone and one Adjacent Zone. The Primary Zone must be the zone in which the business premises is located; the Adjacent Zone can be any zone which shares a border with the Primary Zone. Zones which are adjacent except for a body of water will be considered adjacent for purposes of the ROTOW and EVIDENCE VEHICLE programs. (c) If enrolled in both the ROTOW and EVIDENCE VEHICLE programs, the Primary Zones must be identical, and the Adjacent Zones must be identical.

6 RCNY § 2-375 Tow Truck Industry Trust Fund.

§ 2-375 Tow Truck Industry Trust Fund. (a) The Tow Truck Industry Trust Fund (hereinafter, "The Fund") is established to provide for the payment of outstanding awards to aggrieved consumers and fines owed to the Department. The Fund shall be administered by the Comptroller of the City of New York pursuant to Section 93(j) of the Charter. (b) Participation in the Fund. (1) Those licensed to engage in the business of towing may elect to participate in the Fund in lieu of furnishing a bond or its cash equivalent as required by § 20-499 of Chapter 2 of Title 20 of the Administrative Code of the City of New York. (2) Any tow truck company license applicant who elects to participate in the Fund must submit to the Department a check in the amount of two hundred dollars, made payable to the New York City Department of Consumer Affairs, prior to the issuance of the license to engage in the business of towing and prior to the expiration or cancellation date of the licensee's bond. (3) The Commissioner may, from time to time, amend this regulation to require such additional contributions by participants in the Fund as the Commissioner determines to be necessary to maintain an amount in the Fund which is adequate to fulfill its purposes and to counteract depletion of the fund resulting from payments out of the Fund pursuant to subdivision (c) hereof. (4) Fund participants may discontinue their participation in the Fund at any time by filing a bond pursuant to the Tow Truck Law Bond Requirement. No participant will be entitled to a refund of any monies contributed to the Fund unless the Fund is dissolved by the Commissioner. All such refunds will be disbursed in accordance with regulations promulgated by the Commissioner and in effect at the time of such dissolution. (5) Participation in the Fund does not relieve a licensee of any obligation to pay awards and/or fines imposed by the Department or judgments and/or arbitration awards rendered against a licensee by a court of competent jurisdiction. In the event that a company's license is revoked, surrendered or the company fails to renew its license, and the Fund is invaded to pay an award, fine or judgment that was rendered against such company pursuant to the provisions herein, no license shall be issued or reinstated to such company owner or to any tow truck company in which such company owner is an officer, shareholder, partner or principal, unless the amount(s) paid out of the Fund on behalf of such company is reimbursed by such company in full. (6) In the event that a tow truck company's license is revoked, surrendered or the company fails to renew its license and the Fund invaded to pay an award, fine or judgment that was rendered against such company pursuant to the provisions herein, the Commissioner or his or her designee shall have discretion to exclude such company owner or any tow truck company in which such company owner is a principal, from future participation in the Fund. The Commissioner or his or her designee may, in his or her discretion, require such tow truck company to comply with the Tow Truck Law Bond requirement. (c) Invasion of the Fund. (1) The Commissioner may require that disbursements be made from the Fund to pay outstanding awards to consumers and Departmental fines when: (i) The Department has conducted an administrative hearing that results in a finding that tow truck company is in violation of a law, ordinance or regulation enforced by the Department; or a court of competent jurisdiction has rendered a judgment or an arbitration award against the company for damages suffered by a consumer arising out of towing services; and (ii) The company has been ordered by the Department to pay an award to a consumer, a Departmental fine and/or to satisfy a judgment or arbitration award; and (iii) The company has failed to pay such award to a consumer, a Departmental fine and/or satisfy a judgment or arbitration award, within 30 days of the date of the Department's order; and (iv) The Department has revoked the company's or the company has surrendered or failed to renew said license after the Department's order. (2) Disbursements will not be made from the Fund to pay an award, fine or judgment that is rendered against: a licensee who has furnished a bond, pursuant to the Tow Truck Law Bond Requirement; or Tow Truck Company who was never licensed by the Department or a participant in the Fund. (3) Disbursements from the Fund will be made at the discretion of the Commissioner or his or her designee, provided, however, that invasion of the Fund shall be limited to no more than ten thousand dollars for all awards, fines and judgments arising out of a single tow service. (4) The Commissioner or his or her designee may order that partial payment of awards, fines or judgments be made from the Fund. (5) Nothing contained herein shall be construed to limit the rights and remedies of any party, including the Department, to pursue a cause of action against a tow truck company who is a participant in the Fund. (6) Nothing contained herein shall be construed to create a right of any person to a portion of any of the Fund, except in the case of an award duly made by the Commissioner pursuant to the provisions herein. (7) Nothing contained herein shall be construed to provide for the payment of awards or judgments tendered against Fund participants in personal injury actions. (d) Accounting. The Commissioner shall, by January 31 of each year, cause an accounting to be made of all the Fund's activities during the preceding calendar year.

6 RCNY § 2-376 Application for License Exemption Certificates.

§ 2-376 Application for License Exemption Certificates. (a) Every applicant who claims an exemption from the licensing requirements of § 20-496, Subchapter 31, Chapter 2, Title 20 of the Administrative Code shall file an application for such exemption with the department, and shall submit proof satisfactory to the department in accordance with this section that the applicant is exempt pursuant to § 20-524 of such subchapter. (b) Every applicant who claims an exemption pursuant to § 20-524 shall submit proof of such exemption, which shall consist of one or more of the following: (1) An original New York State Department of Motor Vehicle registration authorizing such applicant to operate as a vehicle dismantler, salvage pool, mobile car crusher, or itinerant vehicle collector pursuant to § 415-a of the vehicle and traffic law, and a copy of the New York State Department of Motor Vehicle registration issued to such vehicle dismantler, salvage pool, mobile car crusher, or itinerant vehicle collector for each tow truck owned or operated by such vehicle dismantler, salvage pool, mobile car crusher, or itinerant vehicle collector; (2) An original license under article six-C of the general business law certified by the New York State Department of Motor Vehicles authorizing such applicant to operate as a scrap processor, or an original certification by the Department of Motor Vehicles authorizing such applicant to operate as a scrap collector who complies with all the licensing or permitting requirements applicable to such business, and a copy of the New York State Department of Motor Vehicles, registration issued to such scrap processor or scrap collector for each tow truck owned or operated by such scrap processor or scrap collector; (3) An original franchise agreement to operate as a franchised public transportation operator, and a copy of the New York State Department of Motor Vehicle registration issued to such operator for each tow truck owned or operated by such operator; (4) Proof of the appropriate operating authority required by applicable law for a common carrier of passengers by motor vehicle, a common carrier of property by motor vehicle, a contract carrier of passengers by motor vehicle, or a contract carrier of property by motor vehicle, and a copy of the New York State Department of Motor Vehicle registration issued to such common carrier for each tow truck owned or operated by such common carrier; (5) Proof satisfactory to the Commissioner that such applicant is an approved public utility company or public utility corporation as such terms are defined in subdivisions 23 and 24, respectively, of § 2 of the Public Service Law, and a copy of the New York State Department of Motor Vehicle registration issued to such company or corporation for each tow truck owner or operated by such company or corporation; (6) An original New York City Taxi and Limousine Commission license to operate a vehicle licensed pursuant to Chapter 5, Title 19 of the Administrative Code, and a copy of the New York State Department of Motor Vehicle registration issued to such licensee for each tow truck owned and operated by such licensee; (7) Proof satisfactory to the Commissioner that such applicant is an operator of one or more school buses as such term is defined in § 142 of the vehicle and traffic law, and a copy of the New York State Department of Motor Vehicle registration issued to such operator for each tow truck owned and operated by such applicant; or (8) A certificate of insurance issued to an applicant which is a motor vehicle rental agency, a copy of a sample rental agreement used by such rental agency and a copy of the New York State Department of Motor Vehicle registration issued to such rental agency for each tow truck owned or operated by such rental agency. (c) Each applicant shall present the current registration card and insurance card for each tow truck for which an exemption is sought. Where such applicant is required to pay the New York City commercial motor vehicle tax for one or more tow trucks pursuant to Chapter 8 of Title 11 of the Administrative Code, the applicant shall furnish proof of payment of such tax for each tow truck for which an exemption is sought. Such proof shall consist of a validated New York City Department of Finance Motor Vehicle Tax Receipt issued pursuant to such chapter. (d) Each tow truck for which an exemption is sought must be registered under the same name as the applicant applying for the exemption. (e) An exemption certificate is not transferable. An exemption certificate shall be deemed void upon (1) any change of corporate or partnership ownership of the applicant of the type described in §§ 20-110 or 20-111 of the Administrative Code unless prior written approval of the commissioner has been obtained, or (2) any change in the ownership of a tow truck for which an exemption certificate has been issued. (f) Any applicant who is issued one or more exemption certificates may not also own or operate any tow truck licensed by the department for use in the same business for which one or more exemption certificates were obtained. (g) The biennial fee for each exempt tow truck shall be twenty-five dollars ($25). All exemption certificates issued pursuant to this section shall expire on December 31st in odd numbered years, unless such exemption is removed or revoked. (h) Upon payment of the fee prescribed in subdivision g of this section and completion of the processing of the exemption application by the department, the commissioner will issue an exemption certificate to the applicant for each tow truck which is exempt under this section. Such certificate shall be affixed to the passenger side front windshield of each exempt tow truck, and may be affixed only by department personnel. (i) After due notice and an opportunity for a hearing, any person who holds an exemption certificate issued pursuant to § 20-524 of Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code who is found not to be in compliance with one or more of the conditions for granting such exemption as set forth in § 20-524(a)91) of such code shall have all exemption certificates issued to such person revoked.

6 RCNY § 2-377 Duties Pertaining to the Nonconsensual Towing of Vehicles from Private Property.

§ 2-377 Duties Pertaining to the Nonconsensual Towing of Vehicles from Private Property. (a) Every applicant for a renewal of a license issued pursuant to § 20-496 of Chapter 2 of Title 20 of the New York City Administrative Code shall file with the application: (1) A list of properties from which the licensee has contracted to tow vehicles. Such list shall include the address(es) from which the licensee has contracted to tow vehicles, the address to which such vehicles are towed, and the name, address and telephone number of the person(s) who contracted for the towing from each listed address; or, (2) An affidavit stating that the applicant does not tow vehicles from private parking lots. (b) Unless the licensee who has contracted to perform the towing has previously provided to the Department, in writing, the information required by subdivision (a)(1) of this section, within fifteen days of the execution of any contract for the towing of vehicles from private property, the licensee shall submit to the Department, in writing, the information specified in paragraph (a)(1) and not previously provided to the Department in writing. (c) Within fifteen days of the date of the termination of any of its agreements to tow vehicles from private property, the licensee shall notify the Department, in writing, that the agreement has terminated and the date of such termination. (d) A towing company shall not remove a vehicle from private property without the consent of such vehicle's owner or operator unless signs are posted on such property which are plainly visible and which contain the following information: (1) The words "Warning!" and "Private Parking Lot" (2) The words "Vehicles Subject to Towing" (3) The conditions under which vehicles are subject to towing, including the hours and days when such towing may occur; and (4) The name, address, telephone number, and DCA license number of the towing company that is authorized to tow vehicles from the property. The telephone number shall be within one of the telephone or cellular area codes assigned to telephones within New York City. (5) The fees that will be charged for towing and storage, which shall not exceed the amounts specified in § 19-169.1(a) of the Administrative Code of the City of New York; and (6) The hours during which the owners or operators of vehicles towed from such property may redeem towed vehicles, provided that such hours shall include all times during which vehicles may be towed from such property and at least 60 minutes after the latest time that vehicles are subject to towing from such property each day. (e) (1) The signs required to be posted on private property pursuant to subdivision (d) of this section shall read substantially as follows (with the designated information to be inserted at the indicated spaces): WARNING! (in red letters at least 5 inches high). PRIVATE PARKING LOT (in letters at least 2.5 inches high). (The following text shall be in letters at least 2 inches high.) PARKING PERMITTED {insert if applicable} FROM TO FOR (insert exact conditions under which parking is allowed*). VEHICLES ARE SUBJECT TO TOWING {insert if applicable} FROM TO (insert exact conditions under which vehicles are subject to towing**). $ Fees: (insert applicable lawful fee for towing and storage).*** (The following text shall be at least 3/4 of an inch high.) Towing performed by: (insert name of licensee). (Insert licensee's business address.) Consumer Affairs License Number: (insert licensee's license number) Call: (insert business phone number to release vehicle) to be called to release vehicle (or if applicable identify on site location where person can go to request the release of the vehicle). Redemption period: (insert applicable time during which vehicles may be redeemed.) DCA Complaint Number: (insert current telephone number). * The statement that "Parking permitted for patrons of [X, Y, Z stores] only" or a substantially similar statement that clearly identifies, by name, the store(s) that customers must be patronizing shall be used to describe the condition that parking is permitted only while at least one of the vehicle's occupant is patronizing an identified store or business establishment that is contiguous to such lot. ** A statement that "A vehicle is subject to towing if its occupants leave the private parking lot and no such occupant is patronizing any of the specified stores or business establishments for any reason or for any length of time" or a substantially similar statement shall be used to describe the condition that vehicles are subject to towing if all of its occupants leave the private parking lot and specified stores or business establishments for any reason or for any length of time. *** The maximum amount to be paid to the towing company to release the towed vehicle, which amount may not exceed the charges authorized in § 19-169.1(a) of the New York City Administrative Code. (2) The telephone number posted on the sign described in paragraph one of this subdivision shall be the telephone number that a person can call to request the redemption of the towed vehicle as provided in paragraph 6 of subsection (e) of this section. (f) The background color for the signs specified in subdivisions (d) and (e) of this section shall be a color that is sharply distinct from both the red color used for the word "warning" as required in such subdivisions and the color of the text of such signs. The text of such signs shall be composed of capital block letters. The text and the background color of such signs shall be treated with a luminescent coating which shall make such text and such signs clearly visible twenty-four hours a day. (g) The signs containing the information specified in subdivisions (d) and (e) of this section shall be placed in the following locations at or adjacent to the private property from which vehicles are towed: (1) At each entry for vehicles, positioned so that the information on the sign is clearly and conspicuously visible to the driver as he or she drives the vehicle onto such private property. (2) Along the outside perimeter of such private property and spaced so that signs are posted not more than 250 feet apart along the entire perimeter line of the private property, except that if a side along the perimeter is less than 250 feet from where a sign is required to be posted at an entrance or pedestrian access point, no such additional sign is required to be posted on such side. The top of each sign posted pursuant to this paragraph shall be not more than 8 feet nor less than 6 feet above the ground. Each such sign shall be positioned so that the required information is clearly and conspicuously visible to a person viewing it from the private property where vehicles are parked. The signs required to be posted pursuant to this paragraph are not required to be posted along the perimeter of the property where signs are posted pursuant to paragraph (3) of this subdivision and where pedestrian access to such private property is limited to the locations where such signs are posted. (3) At each pedestrian exit from such private property to the adjacent street or sidewalk and at each point of pedestrian access from such private property to each store or business establishment that is contiguous to or near such private property, except that if the distance between entrances to adjacent stores or business establishments is 50 feet or less, such sign may be posted midway between the two adjacent entrances. The top of each sign posted pursuant to this paragraph shall be not more than 8 feet nor less than 6 feet above the ground. Each such sign shall be faced so the required information is clearly and conspicuously visible to anyone entering the store or business establishment from such private property. (h) No tow operator shall remove a vehicle from private property without first obtaining written authorization from the owner of such property or the owner's agent who has been designated in writing to authorize such towing. The written authorization must be legible and shall include the date, time, location, make, model, color, and license plate number of the vehicle to be removed, and the name, title and signature of the person authorizing the towing. The licensee shall provide the owner or operator of the towed vehicle a copy of such authorization that also includes an itemized list of the fees that may be collected for the towing and storage of a vehicle towed from the property.

6 RCNY § 2-378 Maintenance of Records in Electronic Format.

§ 2-378 Maintenance of Records in Electronic Format. Every person or entity licensed to engage in towing must maintain records in an electronic format concerning every tow performed under the authority of the following: the Directed Accident Response Program ("DARP"), the Rotation Tow Program ("ROTOW"), the Arterial Towing Program, and the authority to remove vehicles improperly parked on private property provided by § 19-169.1 of the Administrative Code, as provided in this section. (a) General Recordkeeping. (1) The licensee must create an electronic folder in which it will maintain electronic copies of records for each tow. The licensee must label each electronic folder with the date on which the tow was performed, and must enter the date as "YYYYMMDD." The licensee must maintain the electronic folders in chronological order. (2) Each electronic folder must contain an electronic copy of each of the following documents: (i) a completed authorization to tow, (ii) a receipt for the towing services, and (iii) a copy of the credit card record of payment for the towing services, if any. (b) Records of Directed Accident Response Program (DARP) Tows. (1) For towing service performed under DARP, the licensee must maintain an electronic copy of the authorization required by 6 RCNY § 2-367(a), (b) or (d), which will constitute the authorization required by paragraph 2 of subdivision a of this section. (2) In addition to the records required by paragraph 2 of subdivision a, the licensee must include in each electronic folder for a DARP tow a copy of the documents required to be presented by 6 RCNY § 2-371(x) demonstrating that the person who redeems the vehicle is its owner or the agent of the owner. (3) The licensee must make an electronic record of the same information that is required to be maintained in a bound record book by 6 RCNY § 2-371(u). The licensee must make the electronic record by one of the following methods: (i) making an electronic copy of the bound record book at least once each week, (ii) not later than one business day after the occurrence of the event being recorded, entering the information in English on an electronic form in a format provided by the Department as an Excel spreadsheet and accessible at an Internet address provided by the Department, or (iii) not later than one business day after the occurrence of the event being recorded, entering the information in English on a spreadsheet, local application or web-based system that (a) has all fields named, ordered and in all respects identical to the fields in the Excel file provided by the Department and (b) is in an Excel-readable format. (c) Records of Rotation Tow Program (ROTOW) Tows. (1) For towing service performed under ROTOW, the licensee must maintain an electronic copy of the completed New York City Police Department form PD 571-147, which will constitute the authorization required by paragraph 2 of subdivision a of this section. (2) In addition to the records required by paragraph 2 of subdivision a, the licensee must include in each electronic folder for a ROTOW tow a copy of the documents required to be presented by 6 RCNY § 2-372(q) demonstrating that the person redeeming the vehicle is its owner or the agent of the owner and a copy of any agreement signed by the owner of the vehicle or other person pursuant to 6 RCNY § 2-372(s) authorizing continued storage of the vehicle. (3) The licensee must make an electronic record of the same information that is required to be maintained in a bound record book by 6 RCNY § 2-372(o). The licensee must make the electronic record by one of the following methods: (i) making an electronic copy of the bound record book at least once each week, (ii) not later than one business day after the occurrence of the event being recorded, entering the information in English on an electronic form in a format provided by the Department as an Excel spreadsheet and accessible at an Internet address provided by the Department, or (iii) not later than one business day after the occurrence of the event being recorded, entering the information in English on a spreadsheet, local application or web-based system that (a) has all fields named, ordered and in all respects identical to the fields in the Excel file provided by the Department and (b) is in an Excel-readable format. (d) Records of Arterial Towing Program Tows. (1) For towing service performed under the Arterial Towing Program, the licensee must maintain an electronic copy of the completed authorization to tow required by the New York City Police Department, which will constitute the authorization required by paragraph 2 of subdivision a of this section. (2) In addition to the records required by paragraph 2 of subdivision a, the licensee must include in each electronic folder for an Arterial Towing tow a copy of the documents provided to the licensee demonstrating that the person redeeming the vehicle is its owner or the agent of the owner. (e) Records of Tows to Remove Vehicles Improperly Parked on Private Property. (1) For tows that remove vehicles improperly parked on private property, the licensee must maintain in each electronic folder an electronic copy of the written authorization required by § 19-169.1(c) of the Administrative Code of the City of New York and 6 RCNY § 2-377(h) from the owner of the property or the owner's agent who has been designated in writing to authorize such towing. This authorization will constitute the authorization required by paragraph 2 of subdivision a of this section. (2) In addition to the records required by paragraph 2 of subdivision a, the licensee must include in each electronic folder for a tow from private property an electronic copy of the trip record required by § 19-169.1(f) of the Administrative Code and the signed receipt of the person paying removal and storage charges issued pursuant to § 19-169.1(h) of the Administrative Code. (3) A licensee that performs towing services from private property must make an electronic copy of every contract between the licensee and the owner of private property required by § 19-169.1(c) of the Code. The electronic copy must be labeled with the address of the private property, the name of the owner of the private property and the date of the contract. (f) Roster of Drivers. On the first Friday of each month, a licensee that performs DARP, ROTOW, Arterial Towing tows or tows to remove vehicles improperly parked on private property must prepare a roster of persons providing towing services for the licensee, including, but not limited to employees and independent contractors, on that date. The roster information must contain the name, address and Department license number of each driver and must be entered in English on either (1) an electronic form in a format provided by the Department as an Excel spreadsheet and accessible at an Internet address provided by the Department or (2) a spreadsheet, local application or web-based system that (i) has all fields named, ordered and in all respects identical to the fields in the Excel file provided by the Department and (ii) is in an Excel-readable format. (g) Format and Preservation of Records. (1) For purposes of this rule, an electronic record or copy means a document that has been scanned or converted to a Portable Document Format ("PDF") or Tagged Image File Format ("TIFF") that legibly reproduces the original document in all details, including any markings in the margins of the paper document. (2) If the original of any document contains an attachment, the document must be scanned once with the attachment and once with the attachment removed. (3) Each electronic copy of a document concerning a tow must be labeled electronically with (i) the licensee's DCA license number, (ii) the license plate number and state of issuance of the vehicle towed, and (iii) the date of the tow, which must be entered as "YYYYMMDD." (4) Each electronic copy must be electronically labeled with the date and time that the file was created. (5) At least once each week, the licensee must save the electronic records required by this section, with all electronic folder information intact, to a CD-ROM, DVD-ROM or other write-once media or device, and immediately make a second copy to a write-once media or device. The second copy must be stored off-site. The licensee must maintain the second copy write-once media or device in a manner designed to ensure its security and preservation, including by keeping it in a location separate from the original image file. Each such write-once media or device must be labeled with the licensee's name, license number, the date range of the records stored on the media or device, and the date it was created. (h) Tampering Prohibited. (1) A licensee must not tamper with the electronic records required by this section after a PDF or TIFF image is made by modifying, amending, deleting, rearranging or in any other way altering any such data or properties including but not limited to using a meta data scrubber or similar device or program. (2) If a typographical error has occurred or if data contained in the licensee's record maintained under paragraph 3 of subdivision b or paragraph 3 of subdivision c of this section were accidentally omitted from the electronic data entry, the original record must not be deleted. A new record must be created and be marked "Amended," and the corrected data must be identified by entering it in italics. (i) Implementation Affirmation. Within sixty (60) days of the effective date of this section, a licensee must submit an affirmation to the Department that it is maintaining electronic records in compliance with this section. After the effective date of this section, no license will be issued until the towing company files with the Department an affirmation that it will comply with this section and no license will be renewed unless the licensee submits an affirmation that it is complying with this section.

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