[HISTORY: Adopted by the Board of Trustees
of the Village of Old Westbury 4-17-2023 by L.L. No. 1-2023.[1] Amendments noted where applicable.]
No person or persons, firm or corporation shall operate a towing
car for hire within the limits of the Incorporated Village of Old
Westbury, unless a license therefor shall first be obtained from the
Board of Trustees, signed by the Mayor and countersigned by the Clerk,
as hereinafter provided.
The towing of a motor vehicle on the streets of the Village
of Old Westbury by a commercial vehicle equipped as a towing car shall
be presumptive evidence that said towing car is being operated for
hire.
As used in this chapter, the following terms shall have the
meanings indicated:
Soliciting towing work or towing a motor vehicle which has
been disabled in an accident while being operated on a street or highway
within the Village of Old Westbury.
A towing car owner:
A.
Shall be a citizen of the United States, or if a corporation, the
officers thereof shall be citizens of the United States.
B.
Shall be at least 21 years of age.
C.
Shall not have been convicted of a felony or misdemeanor.
D.
Shall have a qualified place of business which, for purposes of this
chapter, shall mean one which:
(1)
Is an established garage equipped for the repair and storage of automobiles
involved in accidents.
(2)
(Reserved)
(3)
Is located within the Village or not more than six miles from its
corporate limits.
(4)
Has been established and operating for at least one year at the time
of applying for a license under this chapter.
(5)
Maintains a twenty-four-hour service for the towing and storage of
motor vehicles involved in accidents.
(6)
Shall remain open during normal business hours, shall provide facilities
whereby towing customers may pick up their vehicles any day of the
week during at least the hours of 7:00 a.m. and 5:00 p.m., and shall
maintain a telephone answering service for such times that it is not
actually open.
(7)
Has both indoor and secured, outdoor parking space for a total of
at least 20 vehicles.
E.
(Reserved)
F.
Shall be registered as a motor vehicle repair shop pursuant to the
New York State Motor Vehicle Repair Shop Registration Act (Vehicle
and Traffic Law, Article 12-A).
No such license shall be issued unless an application therefor
shall have been filed with the Village Clerk upon a form prescribed
therefor by the Board of Trustees, which shall include in the case
of towing car owners:
A.
The name and business address of the applicant and, if he is a natural
person, his age and residence address.
B.
The registration number of each towing car to be operated.
D.
Evidence that he/she is insured against public liability in the limits
of at least $1,000,000 for personal injury to each person, $1,000,000
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.
E.
Provide proof of garage keeper's legal liability insurance in
the limit of $50,000, which insurance shall include coverage for vehicles
being towed and shall be maintained in force during that period covered
by the license.
F.
All insurance policies provided for in this section must be issued
by an insurance company or entity duly recognized by the New York
State Department of Insurance and licensed to do business in the State
of New York.
Every license issued pursuant to this chapter shall expire on
the 31st day of December following issuance thereof: The license fee
payable for each towing car owner's license or renewal thereof,
which license shall cover one or more towing cars operated by the
same owner, shall be $2,500 per year, provided that, if such license
is issued less than six months before the expiration thereof, such
fee shall be $1,000. The license fee payable for each towing car driver's
or helper's license or renewal thereof shall be $25 per year.
The following fee schedule shall apply for towing, storage,
mileage, and cleanup of the accident scene with respect to motor vehicles
towed within the Village of Old Westbury by an authorized person or
entity:
A.
Towing, storage, and impounding.
(1)
Cars/motorcycles.
(a)
A car or motorcycle is any vehicle that weighs less than 7,499
pounds.
(b)
Towing: $175 for the first mile and $7.50 for each additional
mile or part thereof.
(c)
Outside storage: $30 per day or any part thereof. All vehicles
must be stored on the premises of the licensee. Vehicles shall not
be stored on the public highways.
(d)
Inside storage: Rates are determined by written agreement of
the parties.
(2)
Light-duty vehicles.
(a)
A light-duty vehicle is any vehicle that weighs between 7,500
pounds and 9,999 pounds.
(b)
Towing: $350 per hour or any part thereof.
(c)
Outside storage: $100 per day or any part thereof. All vehicles
must be stored on the premises of the licensee. Vehicles shall not
be stored on the public highways.
(d)
Inside storage: Rates are determined by written agreement of
the parties.
(3)
Medium-duty vehicles.
(a)
A medium-duty vehicle is any vehicle that weighs between 10,000
pounds and 17,999 pounds.
(b)
Towing: $600 per hour or any part thereof.
(c)
Outside storage: $150 per day or any part thereof. All vehicles
must be stored on the premises of the licensee. Vehicles shall not
be stored on the public highways.
(d)
Inside storage: Rates are determined by written agreement of
the parties.
(4)
Light heavy-duty vehicles.
(a)
A light heavy-duty vehicle is any vehicle that weighs between
18,000 pounds and 25,999 pounds.
(b)
Towing: $750 per hour or any part thereof.
(c)
Outside storage: $200 per day or any part thereof. All vehicles
must be stored on the premises of the licensee. Vehicles shall not
be stored on the public highways.
(d)
Inside storage: Rates are determined by written agreement of
the parties.
(5)
Heavy-duty vehicles.
(a)
A heavy-duty vehicle is any vehicle that weighs 26,000 pounds
or more.
(b)
Hookup fee: $750.
(c)
Towing: $750 per hour or any part thereof.
(d)
Outside storage: $250 per day or any part thereof. All vehicles
must be stored on the premises of the licensee. Vehicles shall not
be stored on the public highways.
(e)
Inside storage: Rates are determined by written agreement of
the parties.
B.
Labor. It shall be lawful and proper to charge the following for
additional labor:
It shall be unlawful for any person to tow away any motor vehicle
which has been involved in an accident without the prior consent of
the owner or the police officer at the scene of the accident, and
no car shall be removed from the scene of an accident where the police
officer requires or requests that an examination be held for the purpose
of determining whether the car is defective.
It shall be unlawful for any person to drive along any street
or highway in the Incorporated Village of Old Westbury for the purpose
of soliciting towing work.
On each side of every towing car for which a license has been
granted, there shall be legibly inscribed, not less than three inches
high, the name and address of the owner of such towing car or of the
person having the license therefor and the license number assigned
to such towing car by the Mayor.
A.
The Mayor, with the approval of the Board of Trustees, is hereby
empowered by resolution to promulgate and prescribe rules and regulations
for the proper administration and enforcement of this chapter, including:
(1)
Establishing rules for rotation of tow car assignments to scenes
of accidents or removal of disabled vehicles in the Village.
(2)
Limiting the number of licenses granted under this chapter, taking
into consideration the number of tow cars already in operation in
the Village, and whether the number of existing tow car licenses is
adequate to meet the public need and convenience.
(3)
Establishing a waiting list of qualified tow car license applicants.
B.
In the event that a vacancy occurs on the current list of approved
tow car licensees, or the Board of Trustees determines that the needs
and/or convenience of the public are not being met by the number of
licensees on the list, the Board of Trustees shall select a qualified
tow car company from the waiting list on a first-come-first-served
basis.
The Village Chief of Police shall have the power to suspend
any license issued pursuant to this chapter for the violation of any
rules thereof or of any rules and regulations promulgated by him or
for the failure of the owner or operator of any towing car to render
services to the owner or driver of a disabled vehicle who is able
and willing to pay the fee prescribed in the schedule of prices filed
by the licensee of such towing car as hereinbefore prescribed.
Any person, firm, or corporation violating any provision of
this chapter shall, upon conviction thereof, be subject to a fine
not exceeding $2,5000 for each violation.
A.
Regulations regarding conduct. A licensed towing car driver or helper
shall:
(1)
Have his identification card and appropriate license in possession
at all times while engaged in his occupation as a towing car driver
or helper.
(2)
Not permit any other person to use his identification card.
(3)
Not be engaged on an unlicensed towing car or on a towing car the
license of which has been suspended or revoked.
(4)
Promptly report the loss of his identification card to the Village
Clerk.
(5)
Report change of address to the Village Clerk within 48 hours.
(6)
Have with him at all times properly authorized forms for towing and
repair, such forms to be printed and maintained by the towing car
owner.
(7)
When requested by the police, assist in clearing vehicles and debris,
including vehicle fluids, from the public highway.
B.
Regulations regarding conduct of driver or helper at scene of accident.
A licensed towing car driver or helper shall:
(1)
Exhibit his identification card to the owner of a disabled vehicle
or person in charge thereof.
(2)
(Reserved)
(3)
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.
(4)
Not demand or accept any amount in excess of the amount permitted
by law and shown on the schedule filed by the owner.
C.
The foregoing regulations pertain to the owner of a towing car when
acting as driver or helper, whenever the same are applicable.
Towing car owners shall comply with the following regulations:
A.
Estimates and repairs. No fee shall be charged, either directly or
indirectly, for making an estimate. It shall be unlawful for a towing
car owner or operator or any other person to make repairs for a consideration
on any motor vehicle involved in an accident and removed by a towing
car without first entering into a signed agreement with the owner
or other person in charge of said motor vehicle estimating the cost
of repairs. The form to be used for such agreement shall be prescribed
by the Village Clerk. In any case, where the owner or person in charge
of a motor vehicle involved in an accident is to be hospitalized,
the agreement herein provided for shall not be entered into with such
injured party until the expiration of at least 24 hours from the time
of such accident, unless the injured party has, before the expiration
of said time, been discharged from the hospital. The authorization
form to repair, required hereunder, must be submitted to and approved
by the Village Clerk and must be in substantially the following form:
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It is hereby agreed between (insert name and address of owner
or person in charge authorized to enter into agreement) and [insert
name, address, telephone number (license number, if towing car licensee)
of repairer] that (owner or person in charge) agrees to pay the sum
of $____ to (repairer) who in consideration thereof agrees to repair
a (year, make, and type of automobile) which was involved in an accident
and removed by towing car.
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Dated: ______________
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____________________
(licensee)
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____________________
(owner) (person in charge) - (check appropriate one)
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B.
The towing car owner shall retain the disabled vehicle at his place of business, as defined in § 191-5D, until returned to the owner or until proper authorization has been signed by the owner to remove the vehicle to some other place.
C.
Towing authorization. A towing car owner, driver or helper shall
not remove a vehicle involved in an accident or otherwise disabled
without an authorization, on a form prescribed by the Village Clerk,
signed by the owner of the vehicle or other person in charge thereof.
Such authorization shall be for the towing and storage of the vehicle
only and shall show the rates to be charged for towing and storing
said vehicle. Such signed authorization shall be retained by the licensed
tow car owner for a period of six months and shall be exhibited upon
demand by a member of the police force. It shall be unlawful for a
towing car owner, driver or helper to use any other form than that
prescribed by the Village Clerk. The towing authorization shall be
in the following form and must be submitted to and approved by the
Village Clerk:
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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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Village __________ State _____
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Address __________________
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Year _____ State registration _____
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Make and type of car _______________
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Towed to ________________
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Towed from ______________
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Total distance towed ___________
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Towing charges ______________(amount shown on filed schedule
to be inserted herein)
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Storage _____________(amount shown on filed schedule, not to
exceed $3.50* for each 24 hours or part thereof)
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Tow driver's name ____________
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Address _________________
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Tow driver's license number ___________
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State registration ____
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Medallion number _________________
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I authorize the towing of the above automobile.
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____________________________
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(signature of owner or person in charge)
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Note: *$7.50 a day after 7 days.
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D.
Bill for towing.
(1)
The owner of a towing car shall have prepared a pad of bills containing
a printed billhead showing the name and address of his place of business.
The operator of a towing car, before towing a disabled vehicle away,
shall prepare a bill on this billhead form in duplicate, the original
of which shall be furnished to the owner of the disabled vehicle or
his authorized representative. This bill must be printed in a form
approved by the Village Clerk and shall contain the following information:
(a)
The full name and address of the person engaging the towing
car.
(b)
The state registration number of the disabled vehicle.
(c)
The total amount to be charged for towing and the storage rate
per 24 hours or part thereof.
(d)
The full name and address of the operator of the towing car.
(e)
The state registration number of the towing car.
(f)
The towing car license number.
(2)
The duplicate of the bill shall be retained by the towing car owner
for a period of six months. These bills shall be exhibited upon demand
of a member of the police force. Upon payment of the bill given to
the owner of the disabled vehicle or his authorized representative,
the licensee shall acknowledge receipt of payment of such bill.
E.
General. Owners are required to report change of business address
within 48 hours to the Village Clerk. No towing car shall be equipped
with flashing colored lights visible from the front of such towing
car. Licensed tow car owners are required to answer all communications
and summonses received from the Village Clerk.
A.
When an accident shall be reported to the Police Department requiring
the service of a tow car, the police officer in charge shall notify,
by telephone, a licensed towing car owner to proceed to the scene
of the accident. Assignment of towing car licensees to scenes of accidents
shall be in rotation.
B.
If a call is made to a towing car licensee for assignment to an accident
and he does not answer or is unable to proceed to the scene, such
licensee shall be placed at the bottom of the list, and the next licensee
in turn shall be called and assigned.
C.
The Police Department shall keep a ledger in which shall be recorded
each accident requiring towing car service and the name of the licensee
assigned to the accident. There shall also be entered in the ledger
each call made to a licensee, the time of the call and a notation
of whether the call was answered.
A.
A towing car owner operating a towing car shall comply with all of
the regulations applicable to both drivers and helpers, except that
he need not have an identification card.
B.
The Mayor shall take cognizance of any act, conduct, or omission
by those to whom this chapter is applicable which is prejudicial,
offensive or detrimental to the best interests of the public, although
not specifically mentioned in this chapter, and may, as a result,
suspend the license.
C.
Any violation of this chapter may result in the suspension or revocation
of the license.
