§ 2-366 Responsibility to Provide Towing Services.
RCNY § 2-366
(a)No person licensed under this subchapter shall refuse, without justifiable grounds, to render towing services in whole or in part to a person in charge of a disabled vehicle (other than a vehicle that has a maximum gross vehicle weight of less than 15,000 pounds that is involved in a vehicular accident) who has requested towing to a destination within the city and who is able and willing to pay the towing charges in legal tender, by a credit card in accordance with generally accepted business practices, by a first party insurance check or in any other form acceptable to the licensee. For purposes of this subdivision, "justifiable grounds" shall include but not be limited to (1) the licensee does not have available the tow truck or other equipment necessary to tow the vehicle, (2) the absence of an authorization by the commissioner of transportation which is required to lawfully remove a vehicle from a specific location, and (3) an authorization by the commissioner of transportation to only provide such towing services as may be specified by such commissioner to remove a vehicle from a specific location.
(b)Licensees are required to tow a disabled vehicle (other than a vehicle that has a maximum gross vehicle weight of less than 15,000 pounds that is involved in a vehicular accident) with reasonable promptness to a location within the city as designated by the person in charge or owner of the vehicle. Factors that will be considered in the ability to be reasonably prompt are availability of the tow truck and other necessary equipment, weather, distance, and traffic conditions.
(c)Licensees are not required to carry any of the occupants of the disabled vehicle in the tow truck. In addition, they shall not, in any instance, charge a fee for any passengers that they do transport.
(d)All tow truck operators must issue a clearly written itemized receipt for towing services for which they have been paid. This receipt must state the amount of charges, for what services charges were made, the location from which the vehicle was towed and the location to which the vehicle was towed, the method of payment and the date services were rendered. This receipt must also state the schedule of rates, if applicable, and the license number, the telephone number and the premises address of the company licensed to engage in the business of towing.
