N.Y. General Business Law § 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.