§ 20-518 Removal of vehicles involved in an accident.
AC § 20-518
a.
1.The commissioner shall establish and administer a program to be known as the "directed accident response program" for the purpose of removing vehicles that have been involved in a vehicular accident and which cannot be safely driven under their own power. The commissioner may by rule prescribe which vehicles involved in vehicular accidents cannot be safely driven under this own power.
2.The commissioner, after consultation with the police commissioner, shall divide the city into zones and shall create for each zone a list in random order of persons licensed to engage in towing who have been approved by the commissioner for participation in the directed accident response program. At any time subsequent to the initial establishment of zones and lists, the commissioner may, after consultation with the police commissioner, modify the zones and reformulate the lists to ensure sufficient towing services throughout the city. Where more than one towing company has been placed on a list of towing companies authorized to remove vehicles in a particular zone, the police department shall summon towing companies from such list on a rotating basis. Any towing company approved for participation in such program after such lists are initially established shall be placed on any such list at the point immediately preceding the last towing company summoned by the police department pursuant to this section. Such lists shall be available at the department for public inspection.
3.The commissioner shall set forth by rules such criteria for participation in the program as he or she deems necessary to effectuate the purposes of this section. Such criteria shall include but not be limited to, possession of a valid, current license to engage in towing and compliance with this subchapter and any rules promulgated thereunder, ability to respond within a specified period of time to police department calls for towing, ability to make service available on a twenty-four hour basis or on such limited basis as the commissioner shall prescribe, maintenance of specified business hours for redemption of vehicles and maintenance of a specified minimum number of tow trucks and other equipment appropriate for towing, including at least one flat-bed truck suitable for removing accident vehicles. All participants in the program shall maintain a business premises that is under the exclusive control of the participant, is not used by any other towing company and is the premises listed on such participant's license to engage in towing. Such premises shall consist of a location that is open to the public, where towing company personnel are employed, calls requesting towing service are received and towers are dispatched, and where all records required by this subchapter or any rules promulgated thereunder are maintained.
4.All persons approved by the commissioner for participation in the directed accident response program, in addition to meeting the requirements of paragraph three of this subdivision and any rule promulgated pursuant to this section, shall (i) have been licensed pursuant to this subchapter for a period of not less than one year; (ii) have not had such license revoked after due notice and opportunity to be heard at any time during the preceding two year period; and (iii) possess a satisfactory record with regard to the operation of a towing business as determined by the commissioner, provided that a determination that such record with regard to the operation of a towing business is unsatisfactory shall be based upon violations of this subchapter.
5.The commissioner may impose a biennial fee for participation in the program in order to defray expenses incurred in its administration. b.
(4)provide to each owner or other person in charge of the accident vehicle an informational flyer entitled the "consumer bill of rights regarding towing of accident vehicles and repair shops" setting forth the information that the commissioner deems appropriate about the laws relating to the consumer's rights with respect to the towing and repairing of vehicles. Such bill of rights shall be provided to the owner or other person in charge of the accident vehicle before such vehicle is towed from the accident scene; provided, however, that if the owner or other person in charge of such vehicle is injured and is to be removed to a hospital, such bill of rights shall be furnished by the towing company at the time such owner or such other person in charge of such vehicle first appears at the premises of such towing company. d. In addition to the obligation to make records available for inspection by the commissioner pursuant to section 20-516 of this subchapter, every towing company participating in the directed accident response program shall, at the request of the police department and for the purpose of the enforcement of any regulations promulgated pursuant to this section, make available for inspection by the police department, during reasonable business hours, any records required to be maintained under this subchapter. e. After due notice and opportunity to be heard, the commissioner may disqualify any towing company participating in the directed accident response program from continued participation in such program for violation of any of the provisions of this section or any rule promulgated hereunder or upon the occurrence of any one or more of the conditions set forth in this subchapter which constitute grounds for suspension or revocation of any license issued under this subchapter; provided, however, that the commissioner, for good cause, may, prior to giving notice and an opportunity to be heard, temporarily suspend a towing company from participation in the directed accident response program for up to ten days. Notice of such suspension shall be served on the towing company. The commissioner shall provide the towing company with the opportunity for a hearing within ten days after the notification of suspension, after which the commissioner shall forthwith make a determination as to whether such suspension should continue and the length of such suspension and in addition may impose any penalty or sanction authorized by this subchapter. f. Any person participating in the directed accident response program who violates the provisions of section 20-496 of this subchapter regarding engaging in towing without having first obtained a license for such towing business and a license plate for each tow truck, driving or otherwise operating a tow truck or assisting in any activity for which a license is required under this subchapter without having first obtained a tow truck operator's license, or permitting or authorizing the driving or other operation of a tow truck by a person who does not possess a current, valid tow truck operator's license in violation of subdivision c of section 20-496 of this subchapter shall be removed from the list of approved towing companies and shall be ineligible for participation in the directed accident response program for a period of six months. Any such person who has been found guilty of two such violations within the preceding twenty-four month period shall be removed from the list of approved towing companies and shall be ineligible for participation in the directed accident response program for a period of one year. g. The commissioner may promulgate such additional rules and regulations as he or she deems necessary to effectuate the purposes of this section. g-1.
