2006 New York Code - Special Accident Response Districts

 
    *   §   20-518.1   Special   accident   response   districts.   a.  1.
  Notwithstanding any inconsistent  provisions  of  this  subchapter,  the
  commissioner  may  by  rule designate one or more areas of the city as a
  special accident response district, provided, however, that such special
  accident response districts shall not in combination encompass more than
  seven police precincts. One but not more  than  three  towing  companies
  shall  be assigned by the commissioner to each zone located in a special
  accident response district and shall have the responsibility of removing
  vehicles that have been involved in a vehicular accident  in  such  zone
  and  which  cannot  be safely driven under their own power. No more than
  one such towing company shall have the responsibility for removing  such
  vehicles  in  a  particular  zone  within  a  special  accident response
  district during any specified period of time. The  commissioner  may  by
  rule  prescribe which vehicles involved in vehicular accidents cannot be
  safely driven under their own power. Notwithstanding any other provision
  of this section, the commissioner may by rule establish  an  alternative
  procedure for providing towing services for accident vehicles in certain
  circumstances  where  towing services will not be adequately provided by
  the towing companies participating  in  the  special  accident  response
  districts.
    2.  The  commissioner, after consultation with the police commissioner
  and the tow advisory board created pursuant to section  20-526  of  this
  subchapter,  shall  set forth by rule the division of a special accident
  response district into zones for the removal of  accident  vehicles  and
  may  modify  the  zones  from  time  to time to ensure sufficient towing
  services throughout such district. In determining the boundaries of  the
  zones,  the  commissioner  may  consider,  but  shall  not be limited to
  considering, the following: (a)  the  boundaries  of  police  precincts,
  commands and sectors;
    (b) vehicular accident statistics;
    (c) traffic patterns and other factors related to the response time of
  towing companies; and
    (d) the density of licensed towing company facilities.
    b.  1.  The  commissioner  shall  set  forth by rule such criteria for
  pre-qualifying a towing company to apply for a particular zone or  zones
  in  a special accident response district as he or she deems necessary to
  effectuate the purposes of this section. Such  criteria  shall  include,
  but  not  be limited to (a) possession for a period of not less than one
  year of a valid, current license to engage in towing issued pursuant  to
  this subchapter, which license has not been revoked after due notice and
  an  opportunity  to  be  heard at any time during the preceding two year
  period, (b) possession of a satisfactory record with regard to operation
  of a towing business as determined by the commissioner, provided that  a
  determination  that such record with regard to the operation of a towing
  business is unsatisfactory  shall  be  based  upon  violations  of  this
  subchapter  and any rules promulgated thereunder, (c) fitness to provide
  towing service, (d) ability to respond within a specified period of time
  to an accident that has occurred in the zone, (e) the proximity  of  the
  towing  company's  place  of business and storage facilities to the zone
  applied for, (f) ability to make service available on a twenty-four hour
  basis, (g) maintenance of specified business  hours  for  redemption  of
  vehicles, (h) registration as a repair shop pursuant to article twelve-A
  of  the vehicle and traffic law, and (i) maintenance of a minimum number
  of tow trucks and other equipment appropriate for towing. In addition to
  such criteria, a towing company shall maintain a business premises  that
  is  under  the  exclusive control of such towing company, is not used by
  any other towing company and is  the  premises  listed  on  such  towing
  company's  license to engage in towing. Such premises shall consist of a


  location that is open to the public, where towing company personnel  are
  employed,  calls  requesting  towing service are received and towers are
  dispatched, and where all records required by  this  subchapter  or  any
  rules promulgated thereunder are maintained.
    2.  Where  more  than  one  towing  company  meets  the  criteria  for
  assignment to  a  particular  zone,  the  commissioner  may  use  random
  selection  procedures  such  as  a lottery to assign a towing company to
  such zone and to a specified time period. Zone assignment shall  be  for
  such period of time as the commissioner shall proscribe by rule.
    3.  The commissioner shall by rule establish procedures to be followed
  in the event that it is  impracticable  or  impossible  for  the  towing
  company  assigned to a zone and to a specified time period to respond to
  an accident scene or to remove a vehicle therefrom in a  timely  manner,
  and  the  commissioner  may  pre-qualify  towing companies to serve as a
  back-up response in such event.
    4. The commissioner may by rule establish  standards  of  service  and
  performance  and  methods of identification of tow trucks which shall be
  complied with by all towing companies assigned by  the  commissioner  to
  have  the  responsibility  for removing accident vehicles in a zone. The
  commissioner shall not require the full body of  a  tow  truck  of  such
  towing company to be painted a certain color.
    c.  1.  Any  vehicle  located in a zone in a special accident response
  district that has been involved in a vehicular accident and which cannot
  be safely driven under its own power  which  has  not  been  removed  or
  caused to be removed from the scene of an accident shall be removed by a
  tow truck of the towing company authorized by the commissioner to remove
  such  vehicle  from  such zone at that particular time. No such vehicle,
  other than a vehicle that has a maximum gross vehicle weight of at least
  fifteen thousand pounds, may be removed by a tow operator  chosen  by  a
  person  in charge of such vehicle. 2. No tow truck operator shall travel
  enroute to, or respond to, the scene of a vehicular accident, or  remove
  a  vehicle  therefrom,  in  a  zone  located  within  a special accident
  response district unless a specific request for the services of such tow
  truck operator has been received by such operator or the towing  company
  which  employs  such  operator from a person in charge of a vehicle that
  has a maximum gross vehicle weight of at least fifteen thousand  pounds,
  or  unless  such  operator has been assigned by the commissioner to have
  the responsibility for removing accident vehicles in such  zone  located
  within  a special accident response district at that particular time, or
  has been pre-qualified by the commissioner  and  has  been  directed  to
  serve  as  a  back-up  response at that particular time, or is otherwise
  authorized by the commissioner to remove a vehicle therefrom.
    3. No tow truck of the towing company authorized by  the  commissioner
  to  remove  vehicles  involved in a vehicular accident in a zone located
  within a special accident response district shall fail to or  refuse  to
  remove  a vehicle that has been involved in a vehicular accident in such
  zone and which cannot be safely driven under its own power which has not
  been removed or caused to be removed from the scene of an accident. Such
  vehicle shall be towed by a tow truck of such responding towing  company
  to  the storage facility of such company, which facility shall meet such
  specifications as the commissioner shall establish  by  rule,  or  to  a
  location  designated  by the person in charge of such vehicle, provided,
  however, that such location is within the police precinct in  which  the
  vehicular  accident  occurred  or  a  police  precinct directly adjacent
  thereto and placement of  such  vehicle  in  such  location  is  not  in
  violation  of any other law. A vehicle towed to a storage facility shall
  at all times be stored within such facility while the vehicle is in  the
  custody  of  the  towing  company.  Such  storage  facility shall be the


  premises listed on the license of the towing  company  or  the  premises
  approved  by  the  commissioner  for  use  by  such towing company. Such
  premises shall be owned, operated or controlled by such  towing  company
  and  shall  not be used by any other towing company. In order to respond
  to the scene of an accident in the towing company's assigned zone,  such
  company  shall  be permitted to maintain and use in such company's place
  of  business  for  the  purpose  of  receiving  and  monitoring   police
  communications  a  radio  receiving  set  or  other  device  capable  of
  receiving signals or messages transmitted on the  frequencies  allocated
  for police use.
    d.  The  commissioner may impose a fee upon a towing company which has
  been assigned to a zone pursuant to this section in order to defray  the
  expenses incurred in the administration and enforcement of this section.
    e.  The  police department shall maintain a record of such information
  as the commissioner, after consultation with  the  police  commissioner,
  may  prescribe  as  would  be useful in determining the effectiveness of
  special accident response districts.
    f. In addition  to  the  obligation  to  make  records  available  for
  inspection  by  the  commissioner  pursuant  to  section  20-516 of this
  subchapter, every towing company which  has  been  assigned  to  a  zone
  pursuant  to this section shall, at the request of the police department
  and for the purpose of the enforcement of  this  section  or  any  rules
  promulgated  hereunder,  make  available  for  inspection  by the police
  department, during reasonable business hours, any records required to be
  maintained under this subchapter.
    g. After due notice and an opportunity to be heard,  the  commissioner
  may  remove  any  towing  company  from  the responsibility for removing
  accident vehicles in a particular zone during a  specified  time  period
  where  the  commissioner  finds that the towing company has not complied
  with the standards of service and performance prescribed  by  rule,  has
  engaged  in any fraudulent business practices or has violated any of the
  provisions of this subchapter or any  rules  promulgated  hereunder,  or
  upon  the  occurrence  of any one or more of the conditions set forth in
  this subchapter which constitute grounds for suspension or revocation of
  any license issued under the 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  the
  responsibility  for  removing  accident  vehicles  in  a particular zone
  during a specified time period for  up  to  ten  days.  Notice  of  such
  suspension shall be served on the towing company. The commissioner shall
  provide the towing company with the opportunity for a hearing within ten
  days  after the notification of suspension, after which the commissioner
  shall forthwith make a  determination  as  to  whether  such  suspension
  should  continue  and the length of such suspension, and in addition may
  impose any penalty or sanction authorized by  this  subchapter.  In  the
  event  of  the  removal, termination or withdrawal of any towing company
  from the responsibility for removing accident vehicles in  a  particular
  zone,  the  commissioner  shall, pursuant to the procedures described in
  subdivision b of this section  and  any  rules  promulgated  thereunder,
  select a new towing company to provide towing service in the zone during
  a specified time period for the unexpired portion of the term.
    h.  Any  person participating in the removal of vehicles involved in a
  vehicular accident in a zone located within a special accident  response
  district   who  violates  the  provisions  of  section  20-496  of  this
  subchapter regarding engaging in towing without having first obtained  a
  license for such towing business and a license plate for each tow truck,
  driving  or otherwise operating a tow truck or assisting in any activity
  for which a license is required under  this  subchapter  without  having


  first  obtained  a  tow  truck  operator's  license,  or  permitting  or
  authorizing the driving or other operation of a tow truck  by  a  person
  who  does  not  possess a current, valid tow truck operator's license in
  violation of subdivision c of section 20-496 of this subchapter shall be
  removed  from  the  responsibility  for  removing accident vehicles in a
  particular zone during a specified time period and shall  be  ineligible
  for  participation  in the removal of accident vehicles in zones located
  within special accident response districts for a period of  six  months.
  Any  such person who has been found guilty of two such violations within
  the  preceding  twenty-four  month  period  shall  be   ineligible   for
  participation  in  the  removal  of  accident  vehicles in zones located
  within special accident response districts for a period of one year.
    i. The provisions of this section shall not apply to the removal of  a
  vehicle that is located in a zone designated by the commissioner as part
  of  the  "directed accident response program" pursuant to section 20-518
  of this subchapter or to the removal of a vehicle from any location  for
  which  the  authorization  of  the commissioner of transportation or the
  police commissioner is required to remove such vehicle therefrom.
    j. The commissioner may promulgate such additional rules as he or  she
  deems necessary to effectuate the purposes of this section.
    * NB Expired December 31, 1997