Amendment of Rules Governing Tow Operators

Proposed Rules: Closed to Comments

Comment By: 
Monday, November 26, 2018

Statement of Basis and Purpose of Proposed Rule

Working with the City’s rulemaking agencies, the Law Department, the Office of Management and Budget, and the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying rules that should be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance.

This review identified that certain rates prescribed in Title 6, Section 2-368 of the Rules of the City of New York were inconsistent with the rates required in Subchapter 31 of Title 20 of the New York City Administrative Code. Specifically, Sections 20-509 and 20-509.1 dictate specific charges for the towing and storage of vehicles that are different than rates provided in Section 2-368. The Department of Consumer Affairs is proposing to amend Section 2-368, to correct this inconsistency. This proposed amendment would also remain consistent with Title 34, Section 4-07(i)(3) of the Rules of the City of New York, which is a Department of Transportation rule that references Section 2-368. 

This proposed rule would also amend the subdivision regarding the liability insurance that applicants for a tow license must carry. The Law Department recommended to DCA that references to “personal injury” in Section 2-362(d) be changed to “injury”. This recommendation was made to align the text of this rule with the common usage in the insurance industry. Commercial automobile insurance policies typically do not use the phrase “personal injury” and instead use “bodily injury.” Use of “injury” without qualification in this proposed rule will ensure that applicants obtain sufficient liability insurance policies.  

Sections 1043 and 2203(f) of the New York City Charter and Section 20-525 of the New York City Administrative Code authorize the Department of Consumer Affairs to make these proposed amendments.

Public Hearing

.Amendment of Rules Governing Tow Operators

Public Hearing Date: 
Monday, November 26, 2018 - 10:00am

Casey Adams, 212-436-0095,

NYC Department of Consumer Affairs
42 Broadway Floor 5
New York, NY 10004