MAYOR GIULIANI SIGNS COUNCIL BILL NO. 1074-A, EXTENDING THE CITY'S PRESENT TOWING PROGRAMS AND STRENGTHENING LAWS AGAINST UNSCRUPULOUS TOW OPERATORS
REMARKS BY MAYOR RUDOLPH W. GIULIANI AT PUBLIC HEARING ON LOCAL LAWS
The next bill before me for consideration this afternoon, is Introductory Number 1074-A which was introduced by Council Member Koslowitz in conjunction with my Administration. Introductory Number 1074-A would amend the administrative code of the City of New York, in relation to the towing and removal of accident vehicles. This bill permanently extends, with several modifications, the City's present towing programs, provisions of which are due to expire on December 31, 1997.
Specifically, this legislation would allow all qualified towing companies to participate in the City's towing program, the Directed Accident Response Program (DARP), providing they meet the standards set by the Department of Consumer Affairs (DCA), are in good standing with DCA and have not violated any laws or regulations with regard to the program.
In addition, Intro. 1074-A: makes permanent the present ban on individuals wishing to call their own tow company to respond to a scene of an accident; requires DCA to create a consumer Bill of Rights and that tow companies furnish this document to consumers at the scene of an accident; establishes a basis by which DCA may suspend or disqualify a tow company from the program; strengthens the prohibition on solicitation for repair work by tow truck operators who respond to the scene of an accident; places a cap on the fees that tow companies may charge consumers who must use their tow services; requires a tow company to tow an accident vehicle to any location within the City designated by the person in charge of the vehicle; phases in requirements for tow companies to update their equipment; and strengthens consumer protections relating to storage and release requirements for accident vehicles.
This bill strikes a fair balance between consumer protection, public safety and the needs of the industry. The permanent elimination of the ability of drivers involved in accidents from calling their own tow companies is vital to public safety as it has significantly reduced the incentives for tow operators to violate the law by "chasing" to accident scenes. Chasing occurs when tow operators illegally monitor police band transmissions to learn of an accident and then speed to the accident scene, thereby endangering the welfare of pedestrians and other vehicles. This legislation will continue to reduce chasing by tow truck operators and provide that vehicles are removed promptly, efficiently and safely from City roadways.
Intro. 1074-A is the culmination of several months of intense work and negotiation between the Council and my Administration. This bill significantly strengthens the Department of Consumer Affairs' and the New York Police Department's ability to deal with the small percentage of unscrupulous tow operators, thus ensuring that public safety and consumer protection will continue to be a priority.
For the reasons previously stated, I will now sign this bill.
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