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A09456 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9456
 
                   IN ASSEMBLY
 
                                     March 14, 2024
                                       ___________
 
        Introduced  by  M.  of  A. STERN, DURSO -- read once and referred to the
          Committee on Local Governments
 
        AN ACT to amend the general  business  law,  in  relation  to  requiring
          towers  to  clean up any debris in the surrounding area resulting from
          the vehicles they are towing
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Legislative  intent. The legislature finds and determines
     2  that often the delay caused by  investigation  and  removal  process  of
     3  damaged  and  disabled motor vehicles from vehicle accident crash scenes
     4  results in congestion of traffic and can cause additional accidents.
     5    The legislature further finds and  determines  that  it  is  of  vital
     6  importance  to  remove  damaged  and disabled vehicles from the roads as
     7  promptly as possible.
     8    The legislature also finds and determines that motor vehicle  accident
     9  and disablement sites, are often left in an unsafe and unclean condition
    10  after tow truck operators and emergency personnel leave the scene.
    11    The legislature determines that clean up standards and enforcement are
    12  needed  to ensure public/vehicle safety is maintained and to ensure that
    13  accident and disablement scenes are left free of  debris  and  are  safe
    14  thoroughfares.
    15    Therefore,  the  purpose of this law is to ensure that following motor
    16  vehicle accidents and disablements, and as part of the  towing  services
    17  involved,  that  the surrounding area/scene will be swept and left clean
    18  and free from debris so as to protect the  public  and  future  vehicles
    19  traveling in the area.
    20    §  2. The general business law is amended by adding a new section 399-
    21  xxx to read as follows:
    22    § 399-xxx. Towing vehicles from an accident or disablement scene.   1.
    23  Definitions. As used in this section, the following terms shall have the
    24  following meanings:
    25    (a)  "Accident"  shall mean any incident or occurrence in which one or
    26  more motor vehicles come in contact with each other or  another  object,
    27  thereby causing damage to a motor vehicle;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06856-01-3

        A. 9456                             2
 
     1    (b)  "Debris"  shall  mean substances, materials, and objects that are
     2  foreign to the normal roadway or thoroughfare environment area,  includ-
     3  ing  traffic control debris. Debris may be produced by vehicular or non-
     4  vehicular sources;
     5    (c)  "Disablement" shall mean motor vehicles not involved in accidents
     6  but which are disabled and which must  be  removed  from  the  road  via
     7  services of a tow truck operator;
     8    (d)  "Tower"  shall mean a person owning or leasing or controlling one
     9  or more tow trucks and driving or operating or causing any such  vehicle
    10  to be operated upon the public highways for hire; and
    11    (e)  "Tow  truck"  shall  mean  a  motor  vehicle which is designed or
    12  equipped for carrying, lifting or moving another motor vehicle.
    13    2. Clean up of debris and surrounding area. (a) All towers  called  to
    14  the scene of an accident or disablement shall clean up any debris in the
    15  surrounding  area  resulting  from  the  vehicles they are towing to the
    16  satisfaction of the police officer or authorized representative  on  the
    17  scene.
    18    (b) All tow trucks operating in the state shall be equipped for debris
    19  clean  up including, but not limited to, a shovel, broom and a container
    20  to collect debris.
    21    (c) Towers shall further clean up any oil, coolant, or  gas  that  the
    22  vehicles involved spilled on the road and shall carry a liquid absorbing
    23  substance  approved  by the department of environmental conservation and
    24  the department of transportation they can apply and  sweep  off  of  the
    25  road so that it is clean and dry.
    26    (d)  The  clean up services required by this section shall be included
    27  in the towing fee. No additional charge shall be made for this service.
    28    (e) Should there be an excess amount of oil or toxic chemicals on  the
    29  road,  the  tower  may  enlist  the help of the local fire department or
    30  hazmat team, depending on the nature of the spill.
    31    (f) Nothing in this section shall be construed to  prohibit  a  police
    32  officer in charge at the scene of any accident or disablement to request
    33  and  obtain such emergency aid and equipment as, in such officer's opin-
    34  ion, may be required as an  emergency  measure  to  clear  the  highway,
    35  protect persons and/or property, or carry out the duties of such officer
    36  with  regard  to  the  seizure  of  property  and/or the preservation of
    37  evidence.
    38    (g) Notwithstanding the foregoing, the removal of any damaged  munici-
    39  pal  property, including but not limited to, municipal vehicles, roadway
    40  signs, bus shelters, fencing or guardrails shall be  the  responsibility
    41  of  the applicable municipality. Such municipality shall ensure that the
    42  damaged municipal property is removed as  soon  as  practicable  and  in
    43  accordance with any collective bargaining agreements.
    44    (h) Whenever a municipal tow truck is used to tow vehicles, the munic-
    45  ipal  employee operating the tow truck shall be required to clean up any
    46  debris in the surrounding area resulting  from  the  vehicles  they  are
    47  towing,  including safety materials, such as flares, used to control the
    48  site.
    49    3. Penalties. (a) Whenever there shall be a violation of this section,
    50  an application may be made by the attorney general in the  name  of  the
    51  people  of  the state of New York to a court or justice having jurisdic-
    52  tion to issue an injunction, and upon notice to  the  defendant  of  not
    53  less  than  five  days,  to  enjoin and restrain the continuance of such
    54  violation; and if it shall appear to the satisfaction of  the  court  or
    55  justice  that  the  defendant  has,  in  fact, violated this section, an
    56  injunction may be  issued  by  such  court  or  justice,  enjoining  and

        A. 9456                             3
 
     1  restraining  any  further  violation,  without  requiring proof that any
     2  person has, in fact, been injured or damaged thereby. Whenever the court
     3  shall determine that a violation of this section has occurred, the court
     4  may  impose a civil penalty of not less than one hundred dollars and not
     5  more than five hundred dollars for each such  violation.  In  connection
     6  with  any  such proposed application, the attorney general is authorized
     7  to take proof and make a determination of  the  relevant  facts  and  to
     8  issue subpoenas in accordance with the civil practice law and rules.
     9    (b) The provisions of this section may be enforced concurrently by the
    10  town  attorney,  city corporation counsel, or other lawful designee of a
    11  municipality or local government, and all  moneys  collected  thereunder
    12  shall be retained by such municipality or local government.
    13    §  3.  This  act shall take effect on the thirtieth day after it shall
    14  have become a law.
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