Int. No. 489-A
By Council Members Vernikov, Louis, Brewer, Lee, Salaam, Wong, Narcisse, Dinowitz, Schulman, Morano, Paladino, Ariola and Carr
A Local Law to amend the administrative code of the city of New York, in relation to requiring the creation of a centralized online database and notification system for towed vehicles, and to repeal section 20-528 of such code, relating to notification of a towed vehicle to a local police precinct
Be it enacted by the Council as follows:
Section 1. Chapter 1 of title 10 of the administrative code of the city of New York is amended by adding a new section 10-190 to read as follows:
§ 10-190 Online database for towed vehicles. a. Definitions. For the purposes of this section, the following terms have the following meanings:
Designated agency. The term “designated agency” means an agency designated by the mayor to implement any provision of this section, provided that for purposes of paragraph 1 of subdivision b of this section, the term “designated agency” means the department of finance.
Tow truck. The term “tow truck” has the same meaning as set forth in subdivision e of section 20-495.
Tow truck operator. The term “tow truck operator” means an agency engaged in towing, a person licensed pursuant to section 20-496, or a person engaged in any activity for which a license is required pursuant to section 20-496 without such license.
Towing. The term “towing” means the use of a tow truck to move or remove a vehicle from private or public property without the verbal or written consent of an owner or other person lawfully entitled to possession of such vehicle, provided that the term “towing” shall not include the moving or removal of a vehicle: (i) by a local law enforcement agency for purposes of collecting evidence for a criminal investigation; (ii) by or on behalf of a state or federal agency; or (iii) from the premises of any real property or facility operated by the port authority of New York and New Jersey.
Vehicle. The term “vehicle” has the same meaning as set forth in subdivision f of section 20-495.
b. Centralized online database. 1. The designated agency shall create a centralized online database that allows a member of the public to search for information on a vehicle that a tow truck operator has moved or removed from public or private property.
2. Such database shall include:
(a) The following information for each towing: (i) the vehicle’s registration plate number, or if such registration plate is missing, concealed or obscured, the vehicle identification number of such vehicle, provided such vehicle identification number is visible; (ii) the date and time of such towing; (iii) the location from which the vehicle was moved or removed; (iv) the location to which the vehicle was moved or removed; (v) the tow truck operator that moved or removed such vehicle, or, where the tow truck operator is a natural person, the name of the entity that employed, hired, or engaged such person to move or remove such vehicle; (vi) contact information for the tow truck operator or such entity; and (vii) any other relevant information as determined by the designated agency; and
(b) The date and time that a tow truck operator or other person submitted the information described in subparagraph (a) of this paragraph to the centralized online database for each towing, provided that such database shall generate and include such date and time in the database automatically upon the submission to the database of the information required by such subparagraph (a).
3. The designated agency shall issue to a tow truck operator electronic credentials to enable such operator to submit to the centralized online database the information required by subparagraph (a) of paragraph 2 of this subdivision for each towing. The designated agency may disable such credentials in accordance with a process established by rules that promote the accuracy of data submission and the appropriate use of the centralized online database.
4. The designated agency shall, by rule, establish criteria and a process for the removal, redaction, or omission of information a tow truck operator shall otherwise submit to the centralized online database pursuant to this section in order to reasonably protect privacy or to ensure that the database contains only accurate and relevant information.
c. Submitting information relating to a tow. 1. No later than 2 hours subsequent to the moving or removal from public or private property of any vehicle by a tow truck operator, such tow truck operator, except a tow truck operator that has an agreement with an agency as described in subdivision d of this section, shall submit or cause to be submitted to the centralized online database the information required by subparagraph (a) of paragraph 2 of subdivision b of this section.
2. Notwithstanding paragraph 1 of this subdivision, a tow truck operator shall submit or cause to be submitted such information to the centralized online database no later than 6 hours subsequent to the moving or removal from public or private property of a vehicle without a number plate affixed thereto.
3. Such information shall be submitted electronically in accordance with rules promulgated by the designated agency, provided that such rules shall allow a tow truck operator to submit such information later than the time required by this subdivision for a towing that occurs during a period in which the centralized online database cannot receive data due to technical malfunction or other reason, as defined in such rules.
d. Notwithstanding any provision of this section to the contrary, an agency may agree to submit the information described in subparagraph (a) of paragraph 2 of subdivision b of this section to the centralized online database for a tow truck operator that conducts a towing on behalf of such agency, provided such agency shall submit such information for any such towing within the time required by such subdivision.
e. The centralized online database shall provide automated data to the police department and the department of consumer and worker protection, as determined by the designated agency.
f. The designated agency shall create a notification system that allows an owner of a vehicle to opt-in to receive an alert via electronic mail or text message notifying such owner upon submission by a tow truck operator or other person of information for such vehicle into the centralized online database established by this section.
g. The designated agency may promulgate rules as necessary to implement this section, including rules relating to the identification by tow truck operators of persons legally entitled to possession of a vehicle for which such a tow truck operator is responsible for submitting information to the database pursuant to this section, and rules setting forth guidelines for a tow truck operator to determine when a towing is complete for purposes of calculating the time by which such operator or other person is required to submit information to the centralized online database pursuant to this section.
§ 2. Section 20-528 of the administrative code of the city of New York is REPEALED, and a new section 20-528 is added to such code to read as follows:
§ 20-528 Use of centralized online database for towed vehicles. Subsequent to the towing of any motor vehicle pursuant to any provision of this code, any rules promulgated pursuant thereto, or any rules promulgated by the department of transportation pursuant to any provision of law, a tow truck operator licensed pursuant to the provisions of this subchapter or his or her designee shall, within the time required by subdivision c of section 10-190, submit to the centralized online database established pursuant to such section the information required by subparagraph (a) of paragraph 2 of subdivision b of such section.
§ 3. This local law takes effect 1 year after it becomes law, provided that the designated agency, as defined in subdivision a of section 10-190 of the administrative code of the city of New York, as added by section one of this local law, may commence issuing credentials for the centralized online database in accordance with paragraph 3 of subdivision b of such section 10-190 180 days after the enactment of this local law.
JDK
LS #11603
Int. #0463-2024
9/30/2026 930p