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S05430 Summary:

S05430 Actions:

S05430 Committee Votes:

S05430 Floor Votes:

S05430 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5430
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      March 3, 2023
                                       ___________
 
        Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
 
        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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06856-01-3
        S. 5430                             2
 
     1    (a)  "Accident"  shall mean any incident or occurrence in which one or
     2  more motor vehicles come in contact with each other or  another  object,
     3  thereby causing damage to a motor vehicle;
     4    (b)  "Debris"  shall  mean substances, materials, and objects that are
     5  foreign to the normal roadway or thoroughfare environment area,  includ-
     6  ing  traffic control debris. Debris may be produced by vehicular or non-
     7  vehicular sources;
     8    (c) "Disablement" shall mean motor vehicles not involved in  accidents
     9  but  which  are  disabled  and  which  must be removed from the road via
    10  services of a tow truck operator;
    11    (d) "Tower" shall mean a person owning or leasing or  controlling  one
    12  or  more tow trucks and driving or operating or causing any such vehicle
    13  to be operated upon the public highways for hire; and
    14    (e) "Tow truck" shall mean  a  motor  vehicle  which  is  designed  or
    15  equipped for carrying, lifting or moving another motor vehicle.
    16    2.  Clean  up of debris and surrounding area. (a) All towers called to
    17  the scene of an accident or disablement shall clean up any debris in the
    18  surrounding area resulting from the vehicles  they  are  towing  to  the
    19  satisfaction  of  the police officer or authorized representative on the
    20  scene.
    21    (b) All tow trucks operating in the state shall be equipped for debris
    22  clean up including, but not limited to, a shovel, broom and a  container
    23  to collect debris.
    24    (c)  Towers  shall  further clean up any oil, coolant, or gas that the
    25  vehicles involved spilled on the road and shall carry a liquid absorbing
    26  substance approved by the department of environmental  conservation  and
    27  the  department  of  transportation  they can apply and sweep off of the
    28  road so that it is clean and dry.
    29    (d) The clean up services required by this section shall  be  included
    30  in the towing fee. No additional charge shall be made for this service.
    31    (e)  Should there be an excess amount of oil or toxic chemicals on the
    32  road, the tower may enlist the help of  the  local  fire  department  or
    33  hazmat team, depending on the nature of the spill.
    34    (f)  Nothing  in  this section shall be construed to prohibit a police
    35  officer in charge at the scene of any accident or disablement to request
    36  and obtain such emergency aid and equipment as, in such officer's  opin-
    37  ion,  may  be  required  as  an  emergency measure to clear the highway,
    38  protect persons and/or property, or carry out the duties of such officer
    39  with regard to the  seizure  of  property  and/or  the  preservation  of
    40  evidence.
    41    (g)  Notwithstanding the foregoing, the removal of any damaged munici-
    42  pal property, including but not limited to, municipal vehicles,  roadway
    43  signs,  bus  shelters, fencing or guardrails shall be the responsibility
    44  of the applicable municipality. Such municipality shall ensure that  the
    45  damaged  municipal  property  is  removed  as soon as practicable and in
    46  accordance with any collective bargaining agreements.
    47    (h) Whenever a municipal tow truck is used to tow vehicles, the munic-
    48  ipal employee operating the tow truck shall be required to clean up  any
    49  debris  in  the  surrounding  area  resulting from the vehicles they are
    50  towing, including safety materials, such as flares, used to control  the
    51  site.
    52    3. Penalties. (a) Whenever there shall be a violation of this section,
    53  an  application  may  be made by the attorney general in the name of the
    54  people of the state of New York to a court or justice  having  jurisdic-
    55  tion  to  issue  an  injunction, and upon notice to the defendant of not
    56  less than five days, to enjoin and  restrain  the  continuance  of  such
        S. 5430                             3
 
     1  violation;  and  if  it shall appear to the satisfaction of the court or
     2  justice that the defendant has,  in  fact,  violated  this  section,  an
     3  injunction  may  be  issued  by  such  court  or  justice, enjoining and
     4  restraining  any  further  violation,  without  requiring proof that any
     5  person has, in fact, been injured or damaged thereby. Whenever the court
     6  shall determine that a violation of this section has occurred, the court
     7  may impose a civil penalty of not less than one hundred dollars and  not
     8  more  than  five  hundred dollars for each such violation. In connection
     9  with any such proposed application, the attorney general  is  authorized
    10  to  take  proof  and  make  a determination of the relevant facts and to
    11  issue subpoenas in accordance with the civil practice law and rules.
    12    (b) The provisions of this section may be enforced concurrently by the
    13  town attorney, city corporation counsel, or other lawful designee  of  a
    14  municipality  or  local  government, and all moneys collected thereunder
    15  shall be retained by such municipality or local government.
    16    § 3. This act shall take effect on the thirtieth day  after  it  shall
    17  have become a law.