NY State Senate Bill 2013-S5746

Senate Bill S5746

2013-2014 Legislative Session

Relates to establishing a towing and storage bill of rights; and repealing certain provisions of such law relating thereto

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to consumer protection
Jun 11, 2013	referred to consumer protection

2013-S5746 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 39-H §§899-jjj - 899-qqq, amd §399-xx, rpld §399-x, Gen Bus L

2013-S5746 (ACTIVE) - Summary

Relates to establishing a towing and storage bill of rights; and repealing certain provisions of such law relating thereto.

2013-S5746 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5746

TITLE OF BILL:  An act to amend the general business law, in relation
to establishing the towing and storage bill of rights act; and to
repeal section 399-x of such law relating thereto

PURPOSE OF BILL:

To reduce abusive towing practices and provide necessary consumer
protections and disclosures.

SUMMARY OF PROVISIONS: OF BILL:

Section 1 of this bill provides that this act shall be known as the
"towing and storage bill of rights act" and includes the following
provisions:

Definitions - defines pertinent terms for purposes of this article;

Consumer notice provisions - requires notice to be given to the owner
of the vehicle within 24 hours of commencement of towing relative to
date, time and location of the tow, location where the vehicle is
located, name address and telephone number of tow truck company,
license plate number and description of the vehicle;

Itemized statement and release of the vehicle - An itemized statement

for towing costs setting forth the cost for the tow, storage and any
additional services shall be required to be provided to the owner of
the towed vehicle or the owner's insurance company. The vehicle must
be released upon payment of applicable charges, unless such release is
not permissible pursuant to any state or local law.

Prohibited Acts - Sets forth prohibited acts for towing companies such
as refusing to release a vehicle upon payment of all lawful charges
(except when the release is prohibited by state or local law), falsely
representing an affiliation with organizations providing emergency
road service or other entities, charging fees which are excessive or
unreasonable or charging for services to pad or inflate the towing
bill.

Section 2 amends Section 399-xx of the General Business Law to
authorize additional forms of payment for towing services.

Section 3 repeals Section 399-x of the General Business Law as its
provisions governing forms of payment for release of a vehicle are
included within the provisions of this bill.

Section 4 of the bill is the severability clause.

Section 5 of the bill is the effective date.

JUSTIFICATION:

It is estimated that abusive towing and storage practices cost vehicle
owners and their insurers over a half a billion dollars each year
nationwide. While New York consumers have been dealing with abusive
towing practices for a many years, problems associated with towing


abuses were highlighted in New York in the aftermath of Hurricane
Sandy. It is estimated that more than 200,000 vehicles were destroyed
by Hurricane Sandy and vehicle owners and their insurers encountered a
number of difficulties related to towing during the process of
handling claims for damages to these vehicles. Some bills for towing
and storage of these Sandy damaged vehicles were in excess of $2,000,
while the average crash related towing and storage fee in 2010 was
$412.

Although most towing companies are honest and well-intentioned, some
engage in abusive practices designed to increase towing and storage
charges. One of the most common causes of towing abuse is failing to
provide notice to registered vehicle owners and insurers that a
vehicle has been towed and where it is being stored. Other forms of
abuse include unreasonable limitations on access to towed vehicles by
their owners or insurers, deliberately vague release procedures and
elaborate documentation requirements - these are just a few examples
of tools used to generate a larger bill and hold vehicles "hostage"
until the bill is paid. By restricting access to the towed vehicle,
storage charges are allowed to accumulate, in some cases, to an amount
exceeding the value of the vehicle. In addition, there are "unbundled"
fees (e.g., for administration, clean-up, helpers, mileage/fuel,
labor, dolly, winching, extra hook-up, inspection, wait time and
access, recovery, etc.) that can be tacked on to the bill, often
without itemization, resulting in staggering bills.

New York drivers deserve some basic protections against these abusive
practices. This bill would establish disclosure and billing
requirements to guard against abusive towing practices. Specifically,
this bill would require towing companies to provide vehicle owners
with notice as to where the vehicle has been towed and how to get the
vehicle released. Such notice would be required to be mailed to the
vehicle owner by the towing company within 24 hours of commencement of
towing. In addition, this bill would require an itemized statement of
charges to be provided by the towing company so that charges for
towing, storage and other services are clear and identifiable. This
bill would also prohibit towing companies from charging fees which are
excessive or unreasonable.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law.

2013-S5746 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5746

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 11, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in  relation  to  establishing
  the towing and storage bill of rights act; and to repeal section 399-x
  of such law relating thereto

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

  Section 1. The general business law is amended by adding a new article
39-H to read as follows:
                              ARTICLE 39-H
                  TOWING AND STORAGE BILL OF RIGHTS ACT
SECTION 899-JJJ. SHORT TITLE.
        899-KKK. DEFINITIONS.
        899-LLL. REQUIRED NOTICE AND AUTHORITY TO TOW.
        899-MMM. ITEMIZED STATEMENTS AND RELEASE OF VEHICLE.
        899-NNN. PROHIBITED ACTS.
        899-OOO. RECORDS.
        899-PPP. PENALTIES.
        899-QQQ. EXCLUSIONS.
  S 899-JJJ. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "TOWING AND STORAGE BILL OF RIGHTS ACT."
  S  899-KKK.  DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "AUTOMOBILE CLUB" MEANS A LEGAL ENTITY WHICH, IN  CONSIDERATION  OF
DUES, ASSESSMENTS OR PERIODIC PAYMENTS OF MONEY, PROMISES ITS MEMBERS OR
SUBSCRIBERS  TO  ASSIST  THEM IN MATTERS RELATING TO MOTOR TRAVEL OR THE
OPERATION, USE OR MAINTENANCE OF A MOTOR VEHICLE, INCLUDING AUTO DEALERS
AND INSURANCE COMPANIES, BY SUPPLYING SERVICES, WHICH  MAY  INCLUDE  BUT
ARE NOT LIMITED TO TOWING SERVICE, EMERGENCY ROAD SERVICE AND INDEMNIFI-
CATION SERVICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11354-02-3

S. 5746                             2

  2. "OWNER" MEANS THE PERSON OR ENTITY TO WHOM A VEHICLE IS REGISTERED,
OR TO WHOM IT IS LEASED, IF THE TERMS OF THE LEASE REQUIRE THE LESSEE TO
MAINTAIN AND REPAIR THE VEHICLE. THE HOLDER OF A CONTRACT WITH A VEHICLE
RENTAL AGENCY SHALL NOT BE CONSIDERED THE OWNER OF THAT VEHICLE.
  3. "TOWING BUSINESS, TOWING SERVICE OR TOWING COMPANY" MEANS ANY BUSI-
NESS  ENTITY  OR  OPERATION  THAT  EXISTS TO TOW OR OTHERWISE MOVE MOTOR
VEHICLES BY MEANS OF A TOW TRUCK, OR THE OWNERSHIP  OR  OPERATION  OF  A
TOWING  SERVICE STORAGE LOT. A TOWING BUSINESS, SERVICE OR COMPANY SHALL
NOT INCLUDE AN AUTOMOBILE CLUB, CAR DEALERSHIP OR INSURANCE COMPANY.
  4. "TOW TRUCK OPERATOR" MEANS A PERSON WHO OPERATES  A  MOTOR  VEHICLE
THAT IS EQUIPPED TO PROVIDE ANY FORM OF TOWING SERVICES.
  5.  "CONSENSUAL TOWING" MEANS TOWING A MOTOR VEHICLE WHEN THE OWNER OR
OPERATOR OF THE MOTOR VEHICLE HAS GIVEN WRITTEN PERMISSION  TO  TOW  THE
VEHICLE.
  6. "NON-CONSENSUAL TOWING" MEANS THE TOWING OF A MOTOR VEHICLE WITHOUT
WRITTEN PERMISSION OF THE OWNER OR WHEN A LAW ENFORCEMENT OFFICER ORDERS
THE  VEHICLE  TO  BE  TOWED,  REGARDLESS  OF  WHETHER  OR  NOT THE OWNER
CONSENTS.
  S 899-LLL. REQUIRED NOTICE AND AUTHORITY TO TOW.  1. THE TOWING  BUSI-
NESS,  SERVICE  OR  COMPANY  MUST PROPERLY SECURE ALL TOWED VEHICLES AND
MAKE ALL REASONABLE EFFORTS TO PREVENT FURTHER DAMAGE TO OR THEFT OF ALL
TOWED VEHICLES.
  2. WITHIN TWENTY-FOUR HOURS OF COMMENCEMENT OF TOWING, NOTICE SHALL BE
GIVEN DIRECTLY TO THE OWNER BY REGISTERED MAIL FROM THE TOWING  COMPANY.
IF  THE  VEHICLE IS TOWED ON A HOLIDAY OR A DAY WITH NO MAIL SERVICE THE
TWENTY-FOUR HOUR PERIOD WILL COMMENCE ON THE NEXT DAY WITH MAIL SERVICE.
NO STORAGE CHARGES BEYOND  THE  INITIAL  TWENTY-FOUR  HOUR  CHARGE  WILL
ACCRUE UNTIL THE NOTICE REQUIREMENT HAS BEEN MET.
  3. NOTICE TO THE OWNER OR INSURER SHALL CONTAIN THE FOLLOWING INFORMA-
TION:
  (A) THE DATE AND TIME THE VEHICLE WAS TOWED;
  (B) THE LOCATION FROM WHICH THE VEHICLE WAS TOWED;
  (C)  THE  LOCATION  AND  ADDRESS  WHERE  THE  VEHICLE WILL BE LOCATED,
INCLUDING ONE-WAY MILEAGE OF THE TOTAL DISTANCE OF THE TOW;
  (D) THE LOCATION, ADDRESS AND PHONE NUMBER WHERE PAYMENT AND  BUSINESS
TRANSACTIONS TAKE PLACE IF DIFFERENT FROM BUSINESS ADDRESS;
  (E) THE NAME, ADDRESS AND PHONE NUMBER OF THE TOW TRUCK COMPANY;
  (F) THE NAME AND SIGNATURE OF THE TOW TRUCK OPERATOR;
  (G)  A  DESCRIPTION  OF THE TOWED VEHICLE INCLUDING BUT NOT LIMITED TO
THE MAKE, MODEL, YEAR AND COLOR OF THE TOWED VEHICLE;
  (H) THE LICENSE PLATE NUMBER AND STATE OF REGISTRATION  OF  THE  TOWED
VEHICLE; AND
  (I) AN ITEMIZATION OF ALL PENDING CHARGES, STORAGE RATES AND FEES.
  S 899-MMM. ITEMIZED STATEMENTS AND RELEASE OF VEHICLES.  1. RELEASE OF
THE  VEHICLE  MUST  OCCUR  TO THE OWNER OR THE OWNER'S INSURANCE COMPANY
REPRESENTATIVE UPON PAYMENT OF  THE  APPLICABLE  TOWING  AND/OR  STORAGE
CHARGES.
  2.  ACCEPTABLE  METHODS  OF  PAYMENT FOR TOWING, STORAGE AND ANY ADDI-
TIONAL SERVICES MUST INCLUDE, BUT ARE NOT LIMITED  TO,  CASH,  INSURANCE
CHECK,  CERTIFIED  CHECK,  MONEY  ORDER AND CREDIT CARDS AND DEBIT CARDS
WHICH THE TOWING BUSINESS ACCEPTS AS FORMS OF  PAYMENT  IN  THE  REGULAR
COURSE  OF  BUSINESS  AS THOSE TERMS ARE DEFINED IN SECTION FIVE HUNDRED
ELEVEN OF THIS CHAPTER.
  3. AN ITEMIZED STATEMENT FOR TOWING COSTS SHALL  BE  PROVIDED  BY  THE
TOWING  BUSINESS  TO  THE  OWNER OF THE VEHICLE OR THE OWNER'S INSURANCE

S. 5746                             3

COMPANY. EACH ITEMIZED STATEMENT FOR  TOWING  COSTS  SHALL  CONTAIN  THE
FOLLOWING INFORMATION:
  (A) THE LOCATION FROM WHICH THE VEHICLE WAS TOWED;
  (B) THE STORAGE LOCATION OF THE VEHICLE;
  (C) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE TOW TRUCK COMPANY;
  (D) THE NAME OF THE TOW TRUCK OPERATOR;
  (E)  A  DESCRIPTION  OF  THE  VEHICLE INCLUDING BUT NOT LIMITED TO THE
MAKE, MODEL, YEAR AND COLOR OF THE TOWED VEHICLE;
  (F) THE LICENSE PLATE NUMBER AND STATE OF REGISTRATION  OF  THE  TOWED
VEHICLE;
  (G) THE COST OF THE ORIGINAL TOW;
  (H)  THE  DAILY  STORAGE CHARGE AND THE NUMBER OF DAYS THE VEHICLE WAS
STORED; AND
  (I) EACH ADDITIONAL SERVICE MUST BE SET FORTH INDIVIDUALLY AS A SINGLE
LINE ITEM WITH AN EXPLANATION AND THE EXACT CHARGE FOR THE SERVICE.
  4. A COPY OF EACH STATEMENT AND RECEIPT SUBMITTED BY A TOW TRUCK OPER-
ATOR IN ACCORDANCE WITH  THE  REQUIREMENTS  OF  THIS  SECTION  SHALL  BE
RETAINED  BY  THE TOWING BUSINESS FOR THREE YEARS FROM THE DATE OF ISSU-
ANCE.
  5. THE OWNER OR THE OWNER'S  INSURANCE  COMPANY  REPRESENTATIVE  SHALL
HAVE THE RIGHT TO INSPECT THE VEHICLE BEFORE ACCEPTING ITS RETURN.
  S 899-NNN. PROHIBITED ACTS.  1. IT SHALL BE UNLAWFUL FOR ANY PERSON OR
ENTITY  CONDUCTING A TOWING BUSINESS OR FOR ANY PERSON ACTING ON HIS/HER
BEHALF:
  (A) TO FALSELY REPRESENT, EITHER EXPRESSLY OR BY IMPLICATION, THAT THE
TOWING BUSINESS REPRESENTS OR IS APPROVED BY  ANY  PRIVATE  ORGANIZATION
WHICH  PROVIDES  EMERGENCY  ROAD  SERVICE FOR DISABLED MOTOR VEHICLES OR
OTHERWISE FALSELY REPRESENT THAT IT HAS  AN  AFFILIATIONS  OR  AGREEMENT
WITH ANY OTHER ENTITY;
  (B)  TO  REQUIRE  AN  OWNER/OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN
ACCIDENT OR BREAKDOWN, TO  SIGN  AN  AGREEMENT  PRE-AUTHORIZING  STORAGE
CHARGES  OR  REPAIR  WORK  PREFORMED  AS A CONDITION TO PROVIDING TOWING
SERVICE FOR THE VEHICLE;
  (C) TO CHARGE TOWING, STORAGE OR OTHER FEES  WHICH  ARE  EXCESSIVE  OR
UNREASONABLE  (ANY SUCH FEES SHALL BE PRESUMED TO BE UNREASONABLE TO THE
EXTENT THAT THEY EXCEED ANY SCHEDULE OF FEES WHICH HAS BEEN ADOPTED BY A
MUNICIPALITY  IN  WHICH  THE  TOWING  AND/OR   STORAGE   SERVICES   WERE
CONDUCTED);
  (D)  TO  CHARGE  FEES IN ADDITION TO THE TOWING FEE FOR SERVICES WHICH
ARE CUSTOMARILY PERFORMED IN CONJUNCTION WITH TOWING THE VEHICLE;
  (E) TO CHARGE STORAGE FEES FOR TIME PERIODS WHEN THE  TOWING  BUSINESS
IS  NOT OPEN OR WHEN THE RELEASE OF THE VEHICLE CANNOT BE SECURED BY THE
OWNER OR THE OWNER'S INSURANCE COMPANY;
  (F) TO CHARGE STORAGE FEES WHICH ARE NOT PRORATED FOR ANY PORTION OF A
TWENTY-FOUR HOUR PERIOD IN WHICH THE VEHICLE IS STORED IF A  VEHICLE  IS
STORED FOR LESS THAN A TWENTY-FOUR HOUR PERIOD;
  (G)  TO  CHARGE  MORE THAN ONE TOWING FEE WHEN THE OWNER/OPERATOR OF A
DISABLED VEHICLE REQUESTS TRANSPORT OF THE VEHICLE TO A REPAIR  FACILITY
OWNED OR OPERATED BY THE PERSON OR ENTITY CONDUCTING THE TOW;
  (H)  TO CHARGE ADDITIONAL FEES IF MORE THAN ONE EMPLOYEE OF THE TOWING
BUSINESS ASSISTS IN PROVIDING TOWING SERVICES;
  (I) TO TOW VEHICLES TO A REPAIR  FACILITY  UNLESS  THE  OWNER  OR  THE
OWNER'S  DESIGNATED  REPRESENTATIVE GIVES WRITTEN CONSENT BEFORE REMOVAL
OF THE VEHICLE FROM THE SCENE OF THE ACCIDENT;
  (J) TO REFUSE TO RELEASE A VEHICLE TO THE OWNER OR THE OWNER'S INSURER
UPON TENDER OF FULL PAYMENT ALONG  WITH  AN  ITEMIZED  RECEIPT  FOR  ALL

S. 5746                             4

LAWFUL CHARGES MADE IN CONNECTION WITH THE TOWING AND STORAGE OF A VEHI-
CLE,  UNLESS  SUCH RELEASE IS NOT PERMISSIBLE PURSUANT TO ANY APPLICABLE
STATE OR LOCAL LAW;
  (K) TO REFUSE THE RIGHT OF PHYSICAL INSPECTION OF THE TOWED VEHICLE BY
THE  OWNER,  OR THE OWNER'S INSURER PRIOR TO PAYMENT OF FEES AND RELEASE
OF A VEHICLE;
  (L) TO OFFER TO GIVE ANY GRATUITIES OR INDUCEMENTS OF ANY KIND TO  ANY
POLICE  OFFICER  OR  OTHER  PERSON IN ORDER TO OBTAIN TOWING BUSINESS OR
RECOMMENDATIONS FOR TOWING OR STORAGE  OF,  OR  ESTIMATING  REPAIRS  TO,
DISABLED VEHICLES; OR
  (M)  TO  TOW  A VEHICLE IN SUCH A NEGLIGENT MANNER AS TO CAUSE FURTHER
DAMAGE TO THE VEHICLE BEING TOWED.
  S 899-OOO. RECORDS.  EVERY TOWING COMPANY THAT PERFORMS PRIVATE  PROP-
ERTY  OR  OTHER NON-CONSENSUAL TOWING SHALL RETAIN FOR A PERIOD OF THREE
YEARS, INVOICES, JOB ORDERS, LOGS, CLAIMS FOR REIMBURSEMENT FROM  INSUR-
ANCE  COMPANIES  AND  OTHER DOCUMENTATION RELATING TO ALL CONSENSUAL AND
NON-CONSENSUAL TOWING SERVICES  PERFORMED  AND  RATES  CHARGED  FOR  THE
SERVICES.
  S  899-PPP. PENALTIES.  1. 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  RESTITU-
TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
THAN  TWO  THOUSAND  FIVE  HUNDRED  DOLLARS  FOR EACH SUCH VIOLATION. 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.
  2.  THE PROVISIONS OF THIS ARTICLE MAY BE ENFORCED CONCURRENTLY BY THE
TOWN ATTORNEY, CITY CORPORATION COUNSEL, OR OTHER LAWFUL DESIGNEE  OF  A
MUNICIPALITY  OR  LOCAL  GOVERNMENT  AND ALL MONEYS COLLECTED THEREUNDER
SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL  GOVERNMENT.  VIOLATIONS
OF  THIS  ARTICLE  SHALL BE SUBJECT TO A FINE IN AN AMOUNT NOT TO EXCEED
TWO THOUSAND FIVE HUNDRED DOLLARS PER VIOLATION.
  S 899-QQQ. EXCLUSIONS.  1. THE PROVISIONS OF THIS ARTICLE SHALL NOT BE
APPLICABLE TO THE FOLLOWING:
  (A) TOWING OF VEHICLES INTO THIS STATE OR THROUGH THIS  STATE  IF  THE
TWO ORIGINATES OUTSIDE OF THIS STATE;
  (B)  TOWING  OF  GOVERNMENT-OWNED OR GOVERNMENT CONTROLLED VEHICLES BY
THE GOVERNMENT AGENCY THAT OWNS OR CONTROLS THEM;
  (C) TOWING OF MOTOR VEHICLES BY OR ON BEHALF OF  AN  AUTOMOBILE  CLUB,
CAR DEALERSHIP OR INSURANCE COMPANY; OR
  (D)  TOWING  OF  MOTOR VEHICLES IN CONNECTION WITH A REPOSSESSION OF A
MOTOR VEHICLE SUBJECT TO SUBDIVISION ONE OF SECTION FOUR  HUNDRED  TWEN-
TY-FIVE OF THE VEHICLE AND TRAFFIC LAW.

S. 5746                             5

  2.  THE  PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO THE EXTENT THAT
THEY CONFLICT WITH ANY LOCAL LAW OR ORDINANCE AND THE PROVISIONS OF  THE
LOCAL  LAW  OR  ORDINANCE ARE MORE STRINGENT THAN THE PROVISIONS OF THIS
ARTICLE.
  S  2.  Subdivision 2 of section 399-xx of the general business law, as
added by chapter 690 of the laws of 2004, is amended to read as follows:
  2. Requirements. A commercial tower who responds to a call for assist-
ance 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 opera-
tor 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, INSURANCE CHECK, CERTIFIED CHECK, MONEY ORDER 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 enforce-
ment about the location and identification of the vehicle and its  occu-
pants. 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.
  S 3. Section 399-x of the general business law is REPEALED.
  S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation  to  the  clause, sentence, paragraph, subdivision, section or
part thereof directly involved in the controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of  the
legislature  that  this act would have been enacted even if such invalid
provisions had not been included herein.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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