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STATE OF NEW YORK
________________________________________________________________________

4388

2011-2012 Regular Sessions

IN ASSEMBLY

February 3, 2011
___________

Introduced  by  M.  of A. BRENNAN, ORTIZ, DINOWITZ, MAISEL, DenDEKKER --
  Multi-Sponsored by -- M. of A. ABBATE, AUBRY, CAMARA,  COLTON,  GLICK,
  HOOPER,  JACOBS,  PHEFFER,  REILLY,  ROBINSON,  SCARBOROUGH,  SWEENEY,
  TITONE -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law,  in  relation  to  wrongful
  towing

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1  of  section  241-a  of  the
vehicle and traffic law, as added by chapter 338 of the laws of 1987, is
amended to read as follows:
  (a)  Every city with a population of more than one million inhabitants
that has established a parking violations bureau shall establish, within
such bureau, a properly staffed complaint unit of public service  repre-
sentatives  to  respond  to complaints from any person who, after having
satisfied, by payment, adjudication, or administrative action, any  fine
or penalty for a parking violation or after having proven that a fine or
penalty  was  wrongfully  imposed  on this person, receives a demand for
payment of the  fine  or  penalty  previously  satisfied  or  wrongfully
imposed,  [or]  is denied any registration or renewal application by the
department of motor vehicles upon  a  certification  from  such  parking
violations  bureau  based  upon  lack  of payment of any fine or penalty
previously satisfied or wrongfully imposed OR  WHOSE  VEHICLE  HAS  BEEN
WRONGFULLY  TOWED  AS  SUCH  TERM  IS  DEFINED  BY  SECTION  TWO HUNDRED
FORTY-ONE-B OF THIS ARTICLE.  The complaint unit established under  this
section  shall  accept complaints either in person or by certified mail,
return receipt requested. Each written demand for  payment,  other  than
the  first  demand  following issuance of the notice of violation, shall
advise the addressee of the existence of  the  complaint  unit  and  the
procedure for submitting a complaint. Upon receipt of a complaint, if in
person, or within ten work days after receipt of a complaint if by mail,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00972-01-1
A. 4388                             2

the  complaint  unit shall acknowledge receipt in writing and notify the
complainant of the procedure for  further  review.  The  complaint  unit
shall,  within  thirty  days after receiving a complaint in person or by
certified mail supported by the proof prescribed by this section, notify
the complainant that the payment has been credited to his or her record;
that  the  wrongful  imposition  has been removed from the complainant's
record; or that the information sent to the bureau fails to  prove  that
the  fine  or penalty was satisfied or that the imposition was wrongful,
in which case the reason or reasons shall be set forth.
  S 2. Subdivision 4 of section 241-a of the vehicle and traffic law, as
amended by chapter 339 of the laws  of  1987,  is  amended  to  read  as
follows:
  4.  The  proof  that  must be submitted in connection with a complaint
made under this section is, as appropriate, a copy of the receipt, money
order or front and back of cancelled check; a copy of a police report of
stolen vehicle or stolen or lost plates or proof of an insurance company
payment for a stolen  vehicle,  [or]  a  department  of  motor  vehicles
receipt for surrendered plates OR A COPY OF A DECISION BY AN ADMINISTRA-
TIVE LAW JUDGE.  As used in this section, a "wrongfully imposed" fine or
penalty  shall mean a fine or penalty which is imposed after the respec-
tive vehicle has been stolen or after the license  plates  were  stolen,
lost or surrendered to the department of motor vehicles.
  S  3.  The  vehicle and traffic law is amended by adding a new section
241-b to read as follows:
  S 241-B. WRONGFUL TOWING. 1.  FOR PURPOSES OF THIS  SECTION,  WRONGFUL
TOWING  SHALL  MEAN  THE TOWING OF A PERSON'S VEHICLE: (A) FOR A FINE OR
PENALTY FOR A  PARKING  VIOLATION  PREVIOUSLY  SATISFIED  OR  WRONGFULLY
IMPOSED  AS  DEFINED IN SECTION TWO HUNDRED FORTY-ONE-A OF THIS ARTICLE;
(B) FOR A PARKING VIOLATION WHICH  THE  PERSON  IS  IN  THE  PROCESS  OF
CONTESTING  WITH  THE  PARKING  VIOLATIONS  BUREAU; (C) FOR INACCURATELY
BEING DEEMED A SCOFFLAW; (D) FOR ILLEGAL PARKING WHEN  THE  VEHICLE  WAS
LEGALLY  PARKED  AT  THE TIME OF THE TOW; OR (E) FOR THE OPERATION OF AN
UNLICENSED, UNINSURED OR UNREGISTERED  VEHICLE  WHEN  SUCH  VEHICLE  WAS
PROPERLY LICENSED, INSURED OR REGISTERED AT THE TIME OF THE TOW.
  2.  WHERE  A  PERSON'S  VEHICLE IS WRONGFULLY TOWED, SUCH PERSON SHALL
HAVE THE RIGHT TO HAVE AN EXPEDITED  REVIEW  BEFORE  A  PANEL  OF  THREE
ADMINISTRATIVE  LAW  JUDGES  AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION TWO HUNDRED FORTY-ONE-A OF THIS ARTICLE. SUCH PANEL SHALL
BE EMPOWERED TO COMPEL THE BUREAU OR OTHER RESPONSIBLE AGENT TO  PRODUCE
RECORDS AND OTHER EVIDENCE RELEVANT AND MATERIAL TO THE COMPLAINANT. THE
COMPLAINANT OR PERSON SHALL BE REQUIRED TO SUBMIT PROOF WITH A COMPLAINT
MADE UNDER THIS SECTION. SUCH PROOF SHALL CONSIST OF, AS IS APPROPRIATE,
A  COPY  OF  THE  RECEIPT, MONEY ORDER, OR FRONT AND BACK OF A CANCELLED
CHECK; A COPY OF A DECISION BY AN ADMINISTRATIVE LAW JUDGE, A COPY OF  A
POLICE  REPORT  OF  STOLEN  VEHICLE  OR  PLATES OR PROOF OF AN INSURANCE
COMPANY PAYMENT FOR A STOLEN VEHICLE, OR A DEPARTMENT OF MOTOR  VEHICLES
RECEIPT  FOR  SURRENDERED  PLATES  OR  A COPY OF A CURRENT REGISTRATION,
LICENSE OR PROOF OF INSURANCE.
  3. THE PANEL OF ADMINISTRATIVE LAW JUDGES SHALL BE EMPOWERED TO DIRECT
THAT THE BUREAU'S AND/OR OTHER RESPONSIBLE AGENT'S RECORDS  BE  CHANGED,
AS APPROPRIATE, TO ENSURE THAT NO FURTHER DEMAND IS MADE FOR THE FINE OR
PENALTY  PREVIOUSLY  SATISFIED  OR  WRONGFULLY  IMPOSED  AND/OR  THAT NO
FURTHER WRONGFUL TOWING ACTION IS TAKEN AGAINST THE VEHICLE FOR THE SAME
REASON AS THE FIRST WRONGFUL TOW AND THE BUREAU AND ANY OTHER  RESPONSI-
BLE AGENT SHALL COMPLY WITH SUCH DIRECTIVE. FURTHER, THE PANEL OF ADMIN-
ISTRATIVE LAW JUDGES, UPON PETITION BY THE COMPLAINANT OR PERSON, MAY AT
A. 4388                             3

ITS  SOLE  DISCRETION,  DIRECT  THE  PARKING  VIOLATIONS BUREAU OR OTHER
RESPONSIBLE AGENT TO REFUND ANY MONEY PAID  TO  RELEASE  THE  WRONGFULLY
TOWED  VEHICLE  AND  TO PAY THE COMPLAINANT WHOSE VEHICLE WAS WRONGFULLY
TOWED  SUCH  OUT-OF-POCKET  EXPENSES,  NOT  TO  EXCEED ONE HUNDRED FIFTY
DOLLARS, AS THE PANEL DEEMS REASONABLE ONLY  IN  SUCH  CASES  WHERE  THE
COMPLAINANT  OR PERSON SUFFICIENTLY DEMONSTRATES THAT HIS OR HER VEHICLE
WAS WRONGFULLY TOWED. SUCH OUT-OF-POCKET EXPENSES SHALL INCLUDE, BUT NOT
BE LIMITED TO, LOST WAGES, PROVIDED THE COMPLAINANT  OR  PERSON  SUBMITS
PROOF, SATISFACTORY TO THE PANEL OF SUCH EXPENSES INCURRED.  THE PAYMENT
OF  ANY  REFUND  BY  THE  PARKING VIOLATIONS BUREAU OR OTHER RESPONSIBLE
AGENT SHALL BE MADE  WITHIN  THIRTY  DAYS  OF  THE  DATE  THE  PANEL  SO
DIRECTED.    AFTER FILING OF A PETITION BY THE COMPLAINANT OR PERSON AND
SUBSEQUENT FINDING BY THE PANEL THAT PAYMENT WAS NOT TIMELY  MADE,  SUCH
PAYMENT SHALL BE DOUBLED.
  4.  IF THE PERSON'S VEHICLE IS WRONGFULLY TOWED A SECOND OR SUBSEQUENT
TIME FOR THE SAME REASON AS THE FIRST WRONGFUL TOW THEN SUCH PERSON  HAS
THE  RIGHT  TO REQUEST AND THE PANEL IS AUTHORIZED TO DIRECT THE PARKING
VIOLATIONS BUREAU OR THE RESPONSIBLE AGENT TO REFUND ANY MONEY  PAID  TO
RELEASE  THE  WRONGFULLY  TOWED  VEHICLE  AND  TO PAY THE COMPLAINANT OR
PERSON DOUBLE THE AMOUNT OF HIS OR HER OUT-OF-POCKET EXPENSES.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.