What's happening
This bill establishes new procedures and remedies for individuals whose vehicles are wrongfully towed in New York City.
Why it matters
Expands the definition of “wrongful towing”. to cover a variety of situations—including vehicles towed for fines already paid or dismissed, those in the process of being contested, misidentified as scofflaws, legally parked cars, or vehicles with proper registration and insurance—potentially reducing the risk of bureaucratic errors causing hardship for vehicle owners.
Establishes an expedited review process. before a three-judge administrative panel, giving those whose vehicles were wrongfully towed a clear, faster path to contest their case, with the authority to compel evidence from city agencies—improving transparency and accountability.
Creates specific remedies and financial compensation. for those affected: victims can receive refunds of towing and release fees, reimbursement for out-of-pocket costs (like lost wages, up to $150), and double compensation if the city fails to pay promptly or if repeat wrongful towing occurs—adding tangible consequences for municipal mistakes.
Mandates record corrections to prevent repeated errors. , requiring city agencies to update their systems so that individuals are not repeatedly penalized for the same issue, helping protect citizens from ongoing administrative failures.
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Who cares
Headline styles
Protect Drivers From Wrongful Towing
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.497
- Referred to transportation
- Returned to senate
- Died in assembly
- Referred to transportation
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1315
- Committee discharged and committed to rules
Show 1 earlier action
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Drivers From Bad Tows
In Assembly Committee · Transportation · Sponsor Robert C. Carroll
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4522
2019-2020 Regular Sessions
IN SENATE
March 14, 2019
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to wrongful towing
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 1 of section 241-a of the vehicle and traffic law, as added by chapter 338 of the laws of 1987, is amended to read as follows:
(a) Every city with a population of more than one million inhabitants that has established a parking violations bureau shall establish, within such bureau, a properly staffed complaint unit of public service representatives to respond to complaints from any person who, after having satisfied, by payment, adjudication, or administrative action, any fine or penalty for a parking violation or after having proven that a fine or penalty was wrongfully imposed on this person, receives a demand for payment of the fine or penalty previously satisfied or wrongfully imposed, [or] is denied any registration or renewal application by the department of motor vehicles upon a certification from such parking violations bureau based upon lack of payment of any fine or penalty previously satisfied or wrongfully imposed or whose vehicle has been wrongfully towed as such term is defined by section two hundred fortyone-c of this article. The complaint unit established under this section shall accept complaints either in person or by certified mail, return receipt requested. Each written demand for payment, other than the first demand following issuance of the notice of violation, shall advise the addressee of the existence of the complaint unit and the procedure for submitting a complaint. Upon receipt of a complaint, if in person, or within ten work days after receipt of a complaint if by mail, the complaint unit shall acknowledge receipt in writing and notify the complainant of the procedure for further review. The complaint unit
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02050-01-9
S. 4522 2
shall, within thirty days after receiving a complaint in person or by certified mail supported by the proof prescribed by this section, notify the complainant that the payment has been credited to his or her record; that the wrongful imposition has been removed from the complainant's record; or that the information sent to the bureau fails to prove that the fine or penalty was satisfied or that the imposition was wrongful, in which case the reason or reasons shall be set forth.
§ 2. Subdivision 4 of section 241-a of the vehicle and traffic law, as amended by chapter 339 of the laws of 1987, is amended to read as follows:
4. The proof that must be submitted in connection with a complaint made under this section is, as appropriate, a copy of the receipt, money order or front and back of cancelled check; a copy of a police report of stolen vehicle or stolen or lost plates or proof of an insurance company payment for a stolen vehicle, [or] a department of motor vehicles receipt for surrendered plates or a copy of a decision by an administrative law judge. As used in this section, a "wrongfully imposed" fine or penalty shall mean a fine or penalty which is imposed after the respective vehicle has been stolen or after the license plates were stolen, lost or surrendered to the department of motor vehicles.
§ 3. The vehicle and traffic law is amended by adding a new section 241-c to read as follows:
§ 241-c. Wrongful towing. 1. For purposes of this section, wrongful towing shall mean the towing of a person's vehicle: (a) for a fine or penalty for a parking violation previously satisfied or wrongfully imposed as defined in section two hundred forty-one-a of this article; (b) for a parking violation which the person is in the process of contesting with the parking violations bureau; (c) for inaccurately being deemed a scofflaw; (d) for illegal parking when the vehicle was legally parked at the time of the tow; or (e) for the operation of an unlicensed, uninsured or unregistered vehicle when such vehicle was properly licensed, insured or registered at the time of the tow.
2. Where a person's vehicle is wrongfully towed, such person shall have the right to have an expedited review before a panel of three administrative law judges as provided in paragraph (b) of subdivision one of section two hundred forty-one-a of this article. Such panel shall be empowered to compel the bureau or other responsible agent to produce records and other evidence relevant and material to the complainant. The complainant or person shall be required to submit proof with a complaint made under this section. Such proof shall consist of, as is appropriate, a copy of the receipt, money order, or front and back of a cancelled check; a copy of a decision by an administrative law judge, a copy of a police report of stolen vehicle or plates or proof of an insurance company payment for a stolen vehicle, or a department of motor vehicles receipt for surrendered plates or a copy of a current registration, license or proof of insurance.
3. The panel of administrative law judges shall be empowered to direct that the bureau's and/or other responsible agent's records be changed, as appropriate, to ensure that no further demand is made for the fine or penalty previously satisfied or wrongfully imposed and/or that no further wrongful towing action is taken against the vehicle for the same reason as the first wrongful tow and the bureau and any other responsible agent shall comply with such directive. Further, the panel of administrative law judges, upon petition by the complainant or person, may at its sole discretion, direct the parking violations bureau or other responsible agent to refund any money paid to release the wrongfully
S. 4522 3
towed vehicle and to pay the complainant whose vehicle was wrongfully towed such out-of-pocket expenses, not to exceed one hundred fifty dollars, as the panel deems reasonable only in such cases where the complainant or person sufficiently demonstrates that his or her vehicle was wrongfully towed. Such out-of-pocket expenses shall include, but not be limited to, lost wages, provided the complainant or person submits proof, satisfactory to the panel of such expenses incurred. The payment of any refund by the parking violations bureau or other responsible agent shall be made within thirty days of the date the panel so directed. After filing of a petition by the complainant or person and subsequent finding by the panel that payment was not timely made, such payment shall be doubled.
4. If the person's vehicle is wrongfully towed a second or subsequent time for the same reason as the first wrongful tow then such person has the right to request and the panel is authorized to direct the parking violations bureau or the responsible agent to refund any money paid to release the wrongfully towed vehicle and to pay the complainant or person double the amount of his or her out-of-pocket expenses.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to wrongful towing
Purpose or general idea of bill
To provide an administrative remedy for persons whose vehicle is wrong- fully towed.
Summary of specific provisions
Under this bill, a person whose vehicle was wrongfully towed in New York City will have recourse against the Parking Violations Bureau or the responsible agent by having the right to appear before a panel of admin- istrative law judges, established under the 1987 Improper Dunning Stat- ute, which shall be empowered to order the correction of records, the refund of any fee paid to release the wrongfully towed vehicle and reimbursement for out-of-pocket expenses the motorist incurred in fight- ing the wrongful tow.
A wrongful tow is defined to include the towing of a person's vehicle: for a fine or penalty for a parking violation previously satisfied or wrongfully imposed; for a parking violation which the person is in the process of contesting with the bureau; for inaccurately being deemed a scofflaw; for illegal parking, which was properly licensed, insured or registered at the time of the tow.
Appearing before the panel, the motorist shall be required to submit proof which may include a copy of a receipt, money order or check, a copy of a decision by an administrative law judge, a police report or a copy of a current registration, license or insurance.
To ensure that records are corrected and maintained, if the person's vehicle happens to be towed a second or subsequent time for the same reason as the first wrongful tow, then the motorist would be entitled to double the amount of his out-of-pocket expenses.
Justification
Chapters 338 and 339 of the laws of 1987 (improper dunning statute) established a mechanism whereby motorist could challenge notices from the NYC PVB demanding payment for previously satisfied or wrongfully imposed tickets and to seek compensation for expenses incurred while trying to prove his/her innocence. This law was enacted because the PBVB was dunning motorists for tickets that were dismissed as well as for summonses that had already been paid but not recorded. It has come to the attention of the sponsor, that wrongful towing has become a wide scale problem. The vehicles of motorists are being towed after they have paid their fines and penalties in question or while they are contesting the subject summons. Additionally, other motorists are victims because they were incorrectly deemed a scofflaw. This occurs all too frequently either because of improper data entry or record keeping by the PVB. While their vehicles are being wrongfully towed, the frustrated motorist does not have adequate recourse to address this wrong. Hence, this bill extends the mechanism provided in the Improper Dunning Compensation Law affording the motorist the right to address this wrong.
The enactment of this measure will strengthen existing remedies and allow for motorists to obtain the timely relief the Legislature intended with the enactment of the earlier reform legislation. Additionally, It will provide an incentive to the appropriate agencies or officials to maintain and administer accurate records.
Prior legislative history
2003-2004: S4121 - 3rd Reading Calendar 2002: S6860 - Referred to Transportation FISCAL IMPLICATIONS: To be determined
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.