[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Estates 4-7-1986 by L.L. 4-1986 (Ch. 120 of the 1981 Code). Amendments
noted where applicable.]
Unless otherwise expressly provided, for the purpose of this chapter,
the following words shall have the meanings herein indicated:
Any incident or occurrence in which one or more vehicles comes into
contact with each other or other object, thereby causing personal injury or
property damage.
Any person driving a tow car for hire within the enforcement jurisdiction
of the Village.
Any incident where a fee, charge or other consideration is directly
or indirectly imposed for towing, carrying or removing any vehicle and shall
be inclusive of repairs made on a towed vehicle for a consideration although
no charge is expressly imposed for the towing of such vehicle. For the purpose
of this chapter, the towing of a motor vehicle with a registration different
from the tow car shall be presumed to be for hire.
The control and direction of the use of a vehicle for towing from
places within the enforcement jurisdiction of the Village.
A person owning, leasing or controlling one or more tow cars and
driving, operating or causing any such vehicle to be operated for hire within
the enforcement jurisdiction of the Village.
An individual, partnership, unincorporated association, corporation
or other entity.
That license issued to the owners of towing cars and authorizing
the holder thereof to engage in all tow car operations, except that he may
not respond to the scene of an accident or remove a disabled vehicle from
the scene of an accident; nor may he solicit any person involved in an accident
at the scene of such accident for the towing of such vehicle, whether directly
or indirectly, on his behalf or on behalf of any other person, firm or corporation;
nor may he, at the scene of an accident where towing is required, make an
estimate of the cost of repairs or offer to make such an estimate or offer
to make such repairs, although no charge is imposed for towing. No such solicitation
shall be made at the scene of the accident nor from the private property in
the vicinity of the scene of the accident.
Any area of a street or private property where a vehicular accident
has occurred or to which a vehicle is removed to prevent obstruction of traffic
and will remain so until the vehicle or vehicles are removed either under
their own power or by a properly licensed tow car.
To entreat, to approach with a request or plea, to strongly urge,
to accost or to try to obtain by asking.
Any place of business maintaining twenty-four-hour service and located
within the Village, the Town of North Hempstead or within an incorporated
Village located within the area of the Town of North Hempstead, where the
licensee, as the sole business activity conducted on the premises, or in conjunction
with a business activity on the premises owned or operated by the licensee,
maintains a licensed tow car to respond to calls regarding motor vehicles.
The moving or removing of a motor vehicle by another vehicle or tow
car for hire.
A vehicle which either is towing or is equipped with a crane, winch
or similar device designed to raise, remove, push, pull or carry a motor vehicle
or the front or rear end thereof. For the purpose of this section, the following
shall not be considered "towing cars":
Vehicles of a governmental agency.
Vehicles used exclusively for towing motor vehicles which are owned,
leased or operated by the owner or lessee of the towing vehicle or by a person,
firm or corporation which is affiliated with the owner of the towing vehicle,
and such vehicles have legibly inscribed on each side, in letters not less
than three inches high, the legend "not for public hire."
The Town of North Hempstead.
That license which is issued to the owners of towing cars authorizing
the holder thereof to engage in all tow car operations, including responding
to the scene of an accident as hereinafter provided. The Town Clerk shall
have authority to limit the number of unrestricted towing car licenses to
be issued hereunder to any one licensee in accordance with such reasonable
standards as he or she may establish.
The Village of Great Neck Estates.
A.Â
License required. It shall be unlawful for any person
to operate any tow car owned or controlled by him or permit the same to be
operated within the enforcement jurisdiction of the Village without first
having obtained and then having in force an owner's license therefor as hereinafter
provided.
B.Â
Duration of license. Every license issued hereunder shall
expire on the 30th day of June next succeeding the date of its issuance, unless
sooner revoked by the Town Clerk as hereinafter provided.
C.Â
Application for license. Every person who desires to
operate a tow car or tow cars owned by him within the Village shall file with
the Clerk of the Town of North Hempstead, hereinafter referred to as the "Town
Clerk," a written application upon forms to be furnished by the Town Clerk,
verified under oath, stating:
(1)Â
The name and address of the applicant and address of
the place from which tow cars are proposed to be garaged and dispatched, specifying
in the case of any corporation or unincorporated association the names and
addresses of each officer.
(2)Â
All crimes of which the applicant or any member thereof,
if an unincorporated association, or any officer thereof, if a corporation,
has been convicted, stating the name and location of the court and the date
on which such convictions were had and the penalties imposed therefor.
(3)Â
The experience of the applicant in the towing of vehicles
for hire.
(4)Â
Any facts which tend to prove that the public conveniences
requires the granting of a license to the applicant.
(5)Â
The number of vehicles proposed to be operated by the
applicant and a description of each such vehicle, including the make, model,
year of manufacture, New York registration number and motor number thereof.
(6)Â
The age and citizenship of the applicant and each member
thereof, if an, unincorporated association, and each officer thereof, if a
corporation.
(7)Â
The location of any garages, storage areas and terminals
proposed to be used by the applicant.
(8)Â
Whether the applicant wishes his name to appear on the
town tow-car list as detailed below.
(9)Â
Any other relevant information which the Town Clerk may
require.
D.Â
Restricted and unrestricted licenses.
(1)Â
(2)Â
Applicants for an unrestricted or supplementary unrestricted license will be required to pay a nonrefundable fee as set forth in Chapter 109, Fees, and will be allowed at accident scenes. The unrestricted licensee will qualify as provided below:[2]
(a)Â
The licensee shall own, operate and maintain a bona fide
terminal within the Town of North Hempstead or an incorporated Village within
the area of the Town of North Hempstead.
(b)Â
Such terminal shall maintain twenty-four-hour service
to respond to emergency calls regarding motor vehicles, and said terminal
shall be equipped to properly store and safeguard a towed vehicle.
(c)Â
The tow truck or trucks of such licensee shall be equipped
with a lifting boom or similar device in the rear of the truck, as well as
equipment to push all types of vehicles, a minimum one-and-one-half-ton power
winch, dolly wheels, a snatch block, at least 100 feet of three-eighths-inch
steel cable, a fire extinguisher, a crowbar, an emergency flashing light,
at least one dozen flares, a heavy-duty broom and a shovel.
E.Â
Additional requirements. Every individual applicant for
an owner's license shall, at the time of submitting his application:
(1)Â
Submit two individual photographs of the applicant taken
within 30 days prior to the date of the application, such photographs to be
1Â 1/2 inches by 1Â 1/2 inches in size, and such pictures must be
a true likeness of the applicant and must show neck, shoulders and uncovered
head.
(2)Â
Be fingerprinted under the direction and supervision
of the Town Clerk.
F.Â
Police investigation. Upon receipt of any application,
the Town Clerk may refer the same to any authorized investigative agency for
whatever investigation it shall deem necessary or advisable and report thereon.
G.Â
Issuance of license.
(1)Â
If the Town Clerk shall find that the tow-car service
in the town, and particularly in the area in which the applicant proposes
to operate, is required by the public convenience and necessity and, from
the statements contained in the application for a tow car owner's license,
that the applicant is a fit person and capable of properly conducting such
tow car business conforming to the provisions of this chapter, then the Town
Clerk, upon the certification of each tow car proposed to be operated by the
applicant pursuant to this section and the furnishing by the applicant of
proof of insurance as hereinafter provided, shall issue a license stating
the name and address of the applicant, the date of the issuance thereof and
the number of vehicles the applicant is authorized to operate. At the same
time, the Town Clerk shall issue for each vehicle licensed hereunder a license
bearing the words "Licensed Tow Car," an assigned number and the year of issuance.
Otherwise such application shall be denied.
(2)Â
Before making any findings as to whether public convenience
and necessity justify the issuance of a tow car owner's license, or the licensing
of additional tow cars, the Town Clerk shall cause to be published in a newspaper
of general circulation in the Town of North Hempstead a notice stating that
application has been made and containing a statement that written arguments
as to whether public convenience and necessity require the licensing of such
vehicles must be filed with the Town Clerk on or before the date fixed therein,
which date must be not fewer than eight days after the date of such publication.
Any arguments so filed must be considered by the Town Clerk in making findings
as to public convenience and necessity.
H.Â
Facts to be considered. In making the findings required
by the Town Clerk, the Town Clerk shall take into consideration the number
of tow cars already in operation in the town, particularly in the area in
which the applicant proposes to locate his garage, storage areas and terminals;
whether existing tow car service is adequate to meet the public need; the
probable effect of additional tow cars on local traffic conditions; the character,
experience and responsibility of the applicant; and the adequacy of the service
which the applicant proposes to give.
I.Â
Additional information may be required. The Town Clerk,
may, in his or her discretion, before the issuance of a license, require the
applicant and any others having knowledge of the facts to submit to an examination
under oath and to produce evidence relating thereto, or hold a hearing upon
such application as hereinafter provided.
J.Â
Application to add vehicles.
(1)Â
Every licensed owner who desires to add to the number
of tow cars which such owner is duly licensed to operate shall file a written
application under oath with the Town Clerk stating:
(a)Â
The name and address of the applicant.
(b)Â
The applicant/owner's license number.
(c)Â
Any facts which the applicant believes tend to prove
that the public convenience and necessity require such addition.
(d)Â
A description of each such additional tow car, including
the make, model and year of manufacture.
(2)Â
If the Town Clerk shall find that public necessity warrants the addition of the tow car(s), the Town Clerk shall issue a supplementary owner's license stating the name and address of the applicant; the number of the owner's operator's license; the motor number(s) and New York State registration number(s) of the vehicle(s); the number of additional vehicles the owner is authorized to operate; the date of issuance thereof; and, at the same time, a license for each additional tow car in the form designated under Subsection G, Issuance of license. Otherwise, such application shall be denied.
K.Â
Application for addition or change of place of service.
(1)Â
Every owner licensed under this chapter who desires to
add additional places of tow car service or who desires to transfer a place
of tow car service shall file with the Town Clerk a written application under
oath, stating:
(a)Â
The name and address of the applicant.
(b)Â
The applicant/owner's license number.
(c)Â
Any facts which the applicant believes tend to prove
that the public convenience and necessity require such additional places of
tow car service or transfer of place of tow car service.
(d)Â
The address of the additional place of tow car service
or transfer of tow car service.
(2)Â
If the Town Clerk shall find that the additional places
or transfer of tow car service is in the public interest, then the Town Clerk
shall issue written authorization setting forth the additional places or transfer,
as the case may be, and the date thereof. Otherwise, such application shall
be denied.
L.Â
License renewal. Any license issued under this section
may be renewed annually, for additional periods of one year from the date
of expiration, upon the filing of an application containing all the information
required by the provisions of this chapter for original applications, with
the exception of any allegation as to public necessity.
M.Â
Inspection of vehicle required. No license shall be issued or renewed under this section which shall permit the use of any vehicle as a tow car unless and until such vehicle has been inspected and certified by the Town Clerk as conforming to the requirements as to condition and inspection set forth in § 210-6C and D.
N.Â
Liability insurance required. Before the issuance of
a license under this section, each applicant shall file with the Town Clerk
evidence that it is insured against public liability in the limits of $300,000
for personal injury to each person, $500,000 for personal injury for each
accident and $25,000 for property damage, which insurance shall be maintained
in force during the period covered by the license.
O.Â
License not transferable. The owner's license issued
hereunder shall not be transferable.
A.Â
License required. It shall be unlawful for any person
to operate a tow car for hire within the Village as a driver or in connection
therewith unless such driver shall have first obtained a license from the
Town Clerk as hereinafter provided.
B.Â
Duration of license. Every driver's license
under this section shall be effective as of the date of the granting thereof
and shall expire on the 30th day of June next succeeding, unless sooner revoked
by the Town Clerk as hereinafter provided.
C.Â
Application for license. Every person making an application
for a driver's license shall file a written, verified application, upon forms
to be furnished by the Town Clerk, setting forth the following information:
(1)Â
The name, address and age of the applicant.
(2)Â
A full description of the applicant, including height,
weight, color of eyes and hair, any scars or marks and the nature of any physical
infirmity from which the applicant may suffer.
(3)Â
Recommendation by two residents of Nassau County, each
of whom has known the applicant for a period of three years or more and each
of whom will vouch for the applicant's sobriety, honesty and general good
character.
(4)Â
Whether or not the applicant is a citizen of the United
States.
(5)Â
The names and addresses of the applicant's employers
during the last two years prior to his application.
(6)Â
All crimes of which the applicant has ever been convicted,
stating the date and place of each such conviction, the name and location
of the court in which and the date on which each such conviction was had and
the penalty imposed therefor.
(7)Â
The number, class and date of issuance of the applicant's
New York State operator's license, as required by the Vehicle and Traffic
Law.
(8)Â
Any other relevant information which the Town Clerk may
require.
D.Â
Additional information. Every applicant for a driver's
license shall, at the time of submitting such application, also:
(1)Â
Submit two individual photographs of the applicant taken
within 30 days prior to the date of the application, such photographs to be
1Â 1/2 inches by 1Â 1/2 inches in size, and such pictures must be
in a true likeness of the applicant and must show only neck, shoulders and
uncovered head.
(2)Â
Exhibit a current New York State operator's license,
for inspection.
(3)Â
Be fingerprinted under the direction and supervision
of the Town Clerk, as provided by law, together with any fee as may be authorized.
E.Â
Investigation required. Upon the receipt of any application,
the Town Clerk may refer the fingerprints to any authorized investigative
agency for inspection and report thereon.
F.Â
Issuance of driver's license. Upon the completion of
the investigation provided for in this section, the Town Clerk shall issue
a tow car driver's license to the applicant if the Town Clerk shall find that
the applicant holds a New York State operator's license and is a qualified
person to drive a tow car, considering the applicant's experience, criminal
and driving records and character. Otherwise, such application shall be denied.
G.Â
H.Â
License not transferable. The license issued hereunder
shall not be transferable.
Any applicant who shall have been denied a license under this chapter
or who shall have been issued a license for fewer tow cars than the number
for which application was made or whose license has been suspended or revoked
by the Town Clerk may, in addition to whatever other legal recourse is available,
apply to the Town Board for a review of the action by the Town Clerk as hereinafter
provided.
A.Â
The application to review the Town Clerk's determination
shall be in writing, signed and verified by the applicant, and shall state
the reasons for claiming that the Town Clerk's determination was erroneous.
B.Â
The application for such review must be filed with the
Town Clerk within 20 days of the receipt by the applicant, either by mail
or in person, of the denial of the Town Clerk.
C.Â
Upon the filing of such application to review, the Town
Board shall hold a hearing thereon within 30 days from the filing of the application
referred to above, pursuant to the provisions hereinafter set forth.
A.Â
Hearing by Town Board.
(1)Â
Whenever it shall be provided herein that a hearing may
be held by the Town Board, such hearing shall be held on a date and at a place
and hour designated by the Town Board, but in no event shall this date exceed
30 days from the date of the filing of the application for review.
(2)Â
The Town Clerk shall give notice thereof, stating the
name and address of the applicant or license holder concerned, the subject
matter of the hearing and the date, place and hour designated therefor, by
mailing a copy thereof to the applicant or license holder concerned at the
address shown upon the most recent application of such applicant or licensee
at least 10 days before such hearing.
(3)Â
At such hearing, the Town Board shall consider the application
made to the Town Clerk in relation to the Town Clerk's determination and,
in its discretion, may receive new or additional evidence in support of or
in opposition to the determination under review.
(4)Â
The applicant or license holder involved shall be entitled
to be represented by legal counsel and to present such competent and material
testimony or other evidence as may be relevant to the subject matter of the
hearing.
(5)Â
All witnesses shall be sworn and examined under oath.
B.Â
Board's decision. The Town Board, after such hearing,
may grant, refuse or revoke such license. The decision of the Board shall
be subject to review by proceeding pursuant to Article 78 of the Civil Practice
Law and Rules.
A.Â
Fees. Upon the issuance of a license or supplementary
license, the fees shall be payable to the Town Clerk.[1]
(2)Â
Owner from out of town.
(a)Â
Any tow car owner, whose principal place of business is not in the Village or elsewhere in the Town of North Hempstead, who has obtained valid tow car licenses as set forth herein from a municipality within the County of Nassau granting the same privileges and pursuant to the same restrictions as set forth herein which apply to tow car owners licensed by the Town of North Hempstead, shall be exempt from the fee provisions set forth herein and shall pay the fees set forth in Chapter 109, Fees.
(b)Â
Upon payment of the fee and issuance of said unrestricted
reciprocal license, a tow car owner is entitled to be placed on the towing
list of the Town of North Hempstead.
(c)Â
The reciprocal license stated above shall be a filing
fee and will not be refunded if a license is not issued.
B.Â
Record to be kept of licenses issued. The Town Clerk
shall keep a record of the name and address of each person to whom a tow car
owner's license has been issued under this chapter, showing the date and number
of such license and all renewals, suspensions and revocations thereof, and
a record of each tow car licensed hereunder, stating the make, model, year
of manufacture, New York State registration number and motor number thereof
and the name and address of the person owning said tow car, and a record of
each driver's license issued hereunder, showing the name and address of such
driver, his New York State operator's license number, the driver's license
issued hereunder and the date of issuance of such driver's license.
C.Â
Condition of vehicle. Every vehicle operated within the
Village as a tow car shall be kept mechanically fit, of good appearance and
in a good, safe condition for towing.
D.Â
Inspection of vehicle required. The Town Clerk shall
establish reasonable rules and regulations for the inspection of tow cars
operated upon the streets of the Village.
Causes for suspension and/or revocation of license:
A.Â
Any license issued hereunder may be suspended or revoked,
for a period to be determined by the Town Clerk, if the holder thereof shall
violate any provision of this law or any rule or regulation adopted hereunder
or of any law, rule or regulations of the Village or if the holder thereof
shall be convicted of a violation of the Vehicle and Traffic Law of the State
of New York, except parking violations, or of any law or regulation of the
State of New York or of any municipality of the State of New York or of any
crime or if the holder thereof shall be guilty of making a false statement
or misrepresentation on his or her application. A license hereunder shall
not be suspended or revoked by the Town Clerk without a hearing having been
held thereupon not less than two business days after written notice thereof
shall have been given to the licensee, either in person or by registered or
certified mail.
B.Â
The Town Clerk, upon receiving information giving reasonable
cause to believe that the holder of any license issued hereunder has violated
any provision of this chapter or has been convicted of any violation referred
to in this section, or is guilty of having made a false statement or misrepresentation
in his or her application, may temporarily suspend forthwith such license
until such time as a hearing is held by the Town Clerk as provided in this
section and the Town Clerk shall have rendered a determination thereon.
C.Â
No person shall give or offer to give any payment, fee,
reward or other thing of value, directly or indirectly, for obtaining information
of a disabled vehicle, and it shall be unlawful to have printed any card or
other notice offering to give a payment, fee, reward or other thing of value
for such information. Violation of this subsection shall be a ground upon
which the Town Clerk may suspend any towing license pursuant to final disposition
in the manner set forth in this section.
A.Â
Identification of vehicle. Each tow car operated hereunder
shall have inscribed on the outside of each front door the trade name and
terminal address of the owner, in letters not less than two inches in height,
either painted or otherwise securely affixed. The medallion shall be affixed
to the left front door or in a conspicuous place adjacent to the left front
door.
B.Â
Display of rates. A tow car owner shall have legibly
inscribed on each side of the tow car, in letters and numerals not less than
1Â 1/2 inches in height, the lawful towing rates, except that the Town
Clerk may waive this provision upon the determination that this provision
is in conflict with requirements of other state or municipal authorities.
C.Â
Towing, storage and labor charges.
(1)Â
Towing charges. The charges for towing shall be based
solely upon the distance that the motor vehicle is to be towed and shall not
be estimated or based upon the availability of tow cars. Towing charges shall
be at the rate of not more than $25 for the first mile or part thereof and
not more than $2 for each additional mile or part thereof.
(2)Â
Storage charges. Outside storage charges shall be at
the rate of not more than $3.50 per day for the first seven days and not more
than $7.50 per day thereafter. Inside storage charges may be determined by
written agreement between the parties. All vehicles must be stored on the
premises of the licensee, whether indoors or outdoors, and shall not be permitted
on any public highway.
(3)Â
Labor charges. It shall be lawful and proper to charge
the following additional labor charges.
(a)Â
A charge not exceeding $20 for the use of dollies or
a flatbed truck only when the same are required due to the condition of the
vehicle to be towed.
(b)Â
A charge not exceeding $10 per half hour or part thereof
when the use of special skills is required to right an overturned vehicle
or to remove it from an off-the-road location.
(4)Â
The maximum towing and storage charges set forth in this
section shall not apply to:
D.Â
Estimates and repairs. No fee shall be charged either
directly or indirectly for making an estimate for repairs on any motor vehicle
in an accident or otherwise disabled without the prior written consent of
the owner of the disabled vehicle. The agreement form for repairs required
hereunder must be in substantially the following form:
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AGREEMENT FOR REPAIRS
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It is hereby agreed between __________________________ (insert name
and address of owner or person in charge authorized to enter agreement) and
__________________________ (insert name, address, telephone number and license
number of tow car of licensee or repairer) that ____________________ (owner
or person in charge) agrees to pay the sum of _______________ dollars ($________)
to _______________ (repairer) who, in consideration thereof, agrees to repair
a ___________________ (year, make and type of automobile) New York Registration
No. __________, which was involved in an accident or otherwise disabled and
removed by a tow car.
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Licensee
Dated at , this day of , 20.
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(Owner)[Â Â ]
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(Person in Charge)[Â Â ]
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(Check Appropriate One)
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E.Â
Towing authorization. Except as provided hereafter, no
motor vehicle shall be towed without an authorization on a form prescribed
by the Town Clerk signed by the owner of the vehicle or other person in charge
thereof. Such authorization shall be for the towing, labor and storage of
the vehicle only and shall show the rates to be charged for the towing, labor
and storage of said vehicle. Such signed authorization shall be retained for
a period of six months and shall be exhibited upon demand to an official of
the Village, Town of North Hempstead or any member of the Nassau County Police
Department or any other police department. The towing authorization required
hereunder must be in substantially the following form:
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TOWING AUTHORIZATION
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(Insert name, address and phone number of licensed towing company)
| |||
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Date: ____________
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Name:
| |||
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Address:
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   (City)
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(Town)
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Make and type of car Year State registration
number
| |||
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Towed from to
| |||
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Towing charges:
| |||
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[Amount shown on filed schedule not to exceed $25 for the first mile
or part thereof; each additional mile or part thereof, $2]
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Storage charges:
| |||
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[Amount shown on filed schedule not to exceed $3.50 for each 24 hours
or part thereof for the first seven days and $7.50 per day thereafter. Inside
storage additional.]
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Labor charges:
| |||
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Tow car driver's name:
| |||
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Address:
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License number:
| |||
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Tow car's medallion number:
| |||
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State registration number:
I authorize the towing of the above automobile.
Signature of owner or person in charge
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F.Â
Towing from private property. No motor vehicle which
is parked on private property without authorization of the property owner
shall be towed therefrom unless the following conditions are met:
(1)Â
The property owner or the owner's authorized agent shall
file with the police precinct having jurisdiction a copy of a written agreement
authorizing one or more tow car owners to tow unauthorized parked cars.
(2)Â
The property owner shall post in a conspicuous place
or places and at all entrances to the property, signs stating that unauthorized
parked cars will be towed away at the owner's expense, and stating where the
vehicle can be recovered.
(3)Â
The authorized tow car owner shall tow unauthorized parked
cars only upon the direction of the property owner or the property owner's
authorized agent.
(4)Â
The tow car owner shall notify or cause to be notified
the police precinct having jurisdiction of the towing of an unauthorized parked
car, and the location to which it is being towed.
G.Â
Bill for towing,
(1)Â
The owner of a tow car shall have prepared a pad of prenumbered
bills containing a printed billhead showing the name and address of such owner's
place of business. The operator of a tow car shall prepare a bill on this
billhead form in duplicate, the original of which shall be furnished to the
owner of the motor vehicle or such owner's authorized representative. This
bill must be printed in a form approved by the Town Clerk and shall contain
the following information:
(a)Â
The full name and address of the person engaging the
tow car.
(b)Â
The state registration number of the motor vehicle.
(c)Â
The total amount to be charged for towing, labor and
storage (rate per 24 hours or part thereof).
(d)Â
The full name and address of the operator of the tow
car.
(e)Â
The state registration number of the tow car.
(f)Â
The tow car license number.
(2)Â
The duplicate of the bill shall be retained by the tow
car owner for a period of six months at such owner's place of business as
set forth on his license. These bills shall be exhibited upon demand of any
official of the Village, Town of North Hempstead or any member of the Nassau
County Police Department. Upon payment of the bill given to the owner of the
motor vehicle or such owner's authorized representative, the licensee shall
acknowledge receipt of payment of such bill.
H.Â
Storage of vehicles at terminal.
(1)Â
Any vehicle stored upon a premises designated by a licensed
tow car owner as a terminal shall be presumed to be so stored with the full
knowledge, permission and consent of said tow car owner.
(2)Â
No tow car owner shall permit a terminal to be used for
storage of vehicles towed upon terminal premises unless the tow car delivering
such vehicle is duly licensed pursuant to this chapter.
(3)Â
Any bill for storage of vehicles at such terminal shall
contain the name and business address of the tow car owner who towed the vehicle
onto the premises.
A.Â
Requirements of drivers. A licensed tow car driver shall:
(1)Â
Have his or her identification card in good condition
in such driver's possession at all times while engaged in such driver's occupation
as a tow car driver and, while so engaged shall also be in possession of such
driver's operator's license.
(2)Â
Not permit any other person to use his identification
card.
(3)Â
Not be engaged on an unlicensed tow car or on a tow car
for which the license has been suspended or revoked.
(4)Â
Promptly report the loss of an identification card to
the Town Clerk.
(5)Â
Report change of address to the Town Clerk within 48
hours.
(6)Â
Have with him or her at all times while engaged in occupation
as a tow car driver properly authorized forms for towing and repair, such
forms to be printed and maintained by tow car owners.
B.Â
Conduct at accidents. Each tow car driver at the scene
of an accident shall:
(1)Â
Exhibit his or her identification card to the owner of
the disabled vehicle or any member of the Nassau County Police Department
or a designated representative of the Village or Town Clerk's office.
(2)Â
Not remove any vehicle from the scene of an accident
until proper authorization has been signed by the owner of the disabled vehicle
or person in charge thereof or ordered by a police officer.
(3)Â
Not remove any vehicle involved in an accident in which
a person has been injured until released by a duly authorized member of the
police department having jurisdiction at the scene of said accident.
C.Â
Obedience to civil statutes mandatory. Every tow car
driver shall obey all traffic laws, local laws, rules and regulations while
operating a tow car and, upon conviction for any violation of such laws, rules
or regulations, shall report the same within three days to the Town Clerk,
advising the Town Clerk of the nature of the offense charged and the name
and location of the court. The reporting requirement set forth herein shall
not apply to parking violations.
A.Â
Soliciting prohibited. It shall be unlawful for any person
to drive along any street or bridge in the Village and actively solicit towing
work. Solicitation of towing work by the operator or other occupant of a tow
car while parking or standing on any street or bridge is also prohibited.
A tow car operator shall not stop, stand or park at the scene of an accident
involving one or more vehicles without having been requested or notified to
do so by the owner of the disabled vehicle or such owner's authorized representative
or the police. Responding to a call merely upon notification from gas station
attendants, taxicab drivers or other unauthorized persons shall be considered
a violation of this provision.
B.Â
Presentation of tow car list at accident scene. A police
officer present at the scene of an accident shall present a list of authorized
tow car operators to the owner or driver of any disabled motor vehicle, provided
that such person is physically able and capable of making such choice of services,
and said owner or driver shall have the right to require the services of any
available licensed tow car. It shall be unlawful for any owner or driver of
any licensed tow car to refuse to render such services if such owner or driver
of such disabled motor vehicle is able and willing to pay the fee prescribed
as set forth herein; provided, however, that it is physically possible for
such tow car to tow such disabled motor vehicle and that such tow car is not
already going to or returning from a job.
C.Â
Answers to communications required. Licensed tow car
owners and drivers, when required, will answer all communications received
from the Village Clerk and/or Town Clerk.
D.Â
License to be surrendered on demand of the Village Clerk
and/or Town Clerk. It shall be unlawful for any owner or driver to refuse
to surrender a license or licenses to the Village Clerk and/or Town Clerk
upon demand after such license or licenses have been suspended, revoked or
expired.
E.Â
Overcharges prohibited. It shall be unlawful for any
person to demand or receive any payment in excess of the maximum charges permitted
by this law.
F.Â
Agreement for repairs and estimates.
(1)Â
It shall be unlawful for any tow car owner or driver
or any other person to make repairs or to charge a fee, directly or indirectly,
for making an estimate for repairs on any motor vehicle involved in an accident
or otherwise disabled without entering into a signed agreement with the owner
or other person in charge of said disabled motor vehicle fixing the cost on
a form heretofore prescribed.
(2)Â
It shall be unlawful for any tow car owner or driver
or any other person to enter into an agreement for the repair or for the estimate
for repairs where the owner or person in charge of the motor vehicle involved
in an accident is to be hospitalized because of such accident until the expiration
of at least 24 hours from the time of such accident, unless the injured person
has, before the expiration of said time, been discharged from the hospital.
G.Â
Record book of accident calls. At the place of business
set forth on his or her license, every unrestricted tow car owner shall maintain
for one year a bound record book of all calls for towing service at the scene
of an accident, to be available for inspection by the police or office of
the Village Clerk or Town Clerk. Entries in this book shall be legible, made
in ink and written in English at the time the call is received and shall specify:
H.Â
Disposition of licensed tow car. Every owner, upon the
sale or other disposition of a licensed tow car, shall within 24 hours notify
the Town Clerk of such sale or other disposition and surrender the license
or licenses and medallion.
