2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
399-XX - Towing of motor vehicles; credit cards; statewide.

 
    §  399-xx.  Towing  of  motor  vehicles;  credit  cards; statewide. 1.
  Definition. For the purposes of this section, a  "commercial  tower"  is
  defined as any person, firm, partnership, corporation, limited liability
  company,  association,  or  other entity that engages in the business of
  towing motor vehicles for consideration.
    2. Requirements. A  commercial  tower  who  responds  to  a  call  for
  assistance  from an owner or operator of a vehicle that is inoperable or
  cannot be safely operated or who offers to transport, repair, or  render
  safely  operable such a vehicle shall, in compliance with any reasonable
  request of an owner or operator of such vehicle, repair the  vehicle  or
  transport  the  vehicle  and its occupants to a reasonably safe location
  where repairs can be made. The commercial tower shall not be required to
  transport all vehicle occupants if the number of occupants  exceeds  the
  number  of  passengers  that  can  be  safely  transported. The owner or
  operator of the vehicle shall be liable to the commercial tower for  the
  cost  of towing and repair services provided. The commercial tower shall
  accept cash and all other forms of payment that  such  commercial  tower
  accepts  in  the ordinary course of business, including credit and debit
  cards as those terms are defined in section five hundred eleven of  this
  chapter  as payment for all or part of the charges for towing and repair
  services accepted and provided. The commercial tower  may  require  such
  proof of identification from persons making payments in forms other than
  cash  as the commercial tower requires for such payments in the ordinary
  course of business. If the owner  or  operator  of  a  vehicle  declines
  services  of  the commercial tower or cannot or will not provide payment
  and identification for towing or repair  services,  a  commercial  tower
  shall  notify  law  enforcement about the location and identification of
  the vehicle and its occupants. The provisions of  this  section  do  not
  apply to a vehicle which is lawfully parked at the home of the vehicle's
  owner or operator.
    3.  Penalties. Whenever there shall be a violation of this section, an
  application may be made by the attorney  general  in  the  name  of  the
  people  of  the  state  of  New  York  to  a  court  or  justice  having
  jurisdiction to issue an injunction, and upon notice to the defendant of
  not less than five days, to enjoin and restrain the continuance of  such
  violations;  and  if it shall appear to the satisfaction of the court or
  justice that the defendant has,  in  fact,  violated  this  section,  an
  injunction  may  be  issued  by  such  court  or  justice, enjoining and
  restraining any further violation,  without  requiring  proof  that  any
  person  has,  in  fact,  been  injured  or  damaged thereby. In any such
  proceeding the court may make allowances  to  the  attorney  general  as
  provided  in  paragraph  six  of subdivision (a) of section eighty-three
  hundred  three  of  the  civil  practice  law  and  rules,  and   direct
  restitution.  In  connection  with  any  such  proposed application, the
  attorney general is authorized to take proof and make a determination of
  the relevant facts and to issue subpoenas in accordance with  the  civil
  practice law and rules.