What's happening
This bill requires tow truck operators to clean up all accident-related debris at crash or disablement scenes as part of their towing service.
Why it matters
Enhanced Road Safety and Cleanliness. By mandating tow operators to remove debris, oil, coolant, and gas spills, the bill aims to ensure accident and disablement scenes are left safe and clean, reducing hazards for other drivers and preventing secondary accidents.
No Extra Costs for Cleanup. The legislation explicitly prohibits towers from charging additional fees for debris cleanup, ensuring consumers are not hit with unexpected charges when their vehicles are towed after an incident.
Accountability and Enforcement. The bill provides for penalties—including injunctions and civil fines—for noncompliance, and allows both state and local authorities to enforce these rules, increasing the likelihood of consistent cleanup practices.
Clear Division of Responsibilities. Municipal property damaged in accidents (like street signs or guardrails) remains the responsibility of the local government, while municipal tow operators are also required to clean up debris—ensuring all parties involved know their specific obligations after a crash or disablement.
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Who cares
Tow truck owners and operators
They would have to carry cleanup equipment and approved absorbent material, remove vehicle debris and spills, and include cleanup in the towing fee without an additional charge.
Drivers paying for towing
Required accident and disablement scene cleanup would be covered by their towing fee rather than billed as an extra service.
Municipalities and municipal tow truck employees
Municipalities would remain responsible for removing damaged municipal property consistent with collective bargaining agreements, while municipal tow operators would have to clear vehicle debris and site-control materials such as flares.
Attorney general and local government attorneys
They could enforce the cleanup requirements through court action, with civil penalties of $100 to $500 per violation.
Headline styles
Towers Must Clean Accident Debris
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to local governments
- Delivered to assembly
- Passed senateVote 58–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1104
- Referred to consumer protection
- Returned to senate
- Died in assembly
- Referred to local governments
- Delivered to assembly
- Passed senateVote 60–0
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1127
- Referred to consumer protection
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1172
2025-2026 Regular Sessions
IN SENATE
January 8, 2025
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 Assembly, do enact as follows:
Section 1. Legislative intent. The legislature finds and determines that often the delay caused by investigation and removal process of damaged and disabled motor vehicles from vehicle accident crash scenes results in congestion of traffic and can cause additional accidents.
The legislature further finds and determines that it is of vital importance to remove damaged and disabled vehicles from the roads as promptly as possible.
The legislature also finds and determines that motor vehicle accident and disablement sites, are often left in an unsafe and unclean condition after tow truck operators and emergency personnel leave the scene.
The legislature determines that clean up standards and enforcement are needed to ensure public/vehicle safety is maintained and to ensure that accident and disablement scenes are left free of debris and are safe thoroughfares.
Therefore, the purpose of this law is to ensure that following motor vehicle accidents and disablements, and as part of the towing services involved, that the surrounding area/scene will be swept and left clean and free from debris so as to protect the public and future vehicles traveling in the area.
§ 2. The general business law is amended by adding a new section 399- xxx to read as follows:
§ 399-xxx. Towing vehicles from an accident or disablement scene. 1. Definitions. As used in this section, the following terms shall have the following meanings:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03703-01-5
(a) "Accident" shall mean any incident or occurrence in which one or more motor vehicles come in contact with each other or another object, thereby causing damage to a motor vehicle;
(b) "Debris" shall mean substances, materials, and objects that are foreign to the normal roadway or thoroughfare environment area, including traffic control debris. Debris may be produced by vehicular or nonvehicular sources;
(c) "Disablement" shall mean motor vehicles not involved in accidents but which are disabled and which must be removed from the road via services of a tow truck operator;
(d) "Tower" shall mean a person owning or leasing or controlling one or more tow trucks and driving or operating or causing any such vehicle to be operated upon the public highways for hire; and
(e) "Tow truck" shall mean a motor vehicle which is designed or equipped for carrying, lifting or moving another motor vehicle.
2. Clean up of debris and surrounding area. (a) All towers called to the scene of an accident or disablement shall clean up any debris in the surrounding area resulting from the vehicles they are towing to the satisfaction of the police officer or authorized representative on the scene.
(b) All tow trucks operating in the state shall be equipped for debris clean up including, but not limited to, a shovel, broom and a container to collect debris.
(c) Towers shall further clean up any oil, coolant, or gas that the vehicles involved spilled on the road and shall carry a liquid absorbing substance approved by the department of environmental conservation and the department of transportation they can apply and sweep off of the road so that it is clean and dry.
(d) The clean up services required by this section shall be included in the towing fee. No additional charge shall be made for this service.
(e) Should there be an excess amount of oil or toxic chemicals on the road, the tower may enlist the help of the local fire department or hazmat team, depending on the nature of the spill.
(f) Nothing in this section shall be construed to prohibit a police officer in charge at the scene of any accident or disablement to request and obtain such emergency aid and equipment as, in such officer's opinion, may be required as an emergency measure to clear the highway, protect persons and/or property, or carry out the duties of such officer with regard to the seizure of property and/or the preservation of evidence.
(g) Notwithstanding the foregoing, the removal of any damaged municipal property, including but not limited to, municipal vehicles, roadway signs, bus shelters, fencing or guardrails shall be the responsibility of the applicable municipality. Such municipality shall ensure that the damaged municipal property is removed as soon as practicable and in accordance with any collective bargaining agreements.
(h) Whenever a municipal tow truck is used to tow vehicles, the municipal employee operating the tow truck shall be required to clean up any debris in the surrounding area resulting from the vehicles they are towing, including safety materials, such as flares, used to control the site.
3. Penalties. (a) Whenever there shall be a violation of this section, an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not less than one hundred dollars and not more than five hundred dollars for each such violation. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
(b) The provisions of this section may be enforced concurrently by the town attorney, city corporation counsel, or other lawful designee of a municipality or local government, and all moneys collected thereunder shall be retained by such municipality or local government.
§ 3. This act shall take effect on the thirtieth day after 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 general business law, in relation to requiring towers to clean up any debris in the surrounding area resulting from the vehicles they are towing
Purpose
To require towers to clean up debris in surrounding area resulting from the vehicles they are towing
Summary of specific provisions
Section 1 Legislative intent
Section 2 Amends general business lass by adding new section 399-xxx
Section 3 sets the effective date
Justification
There is often a delay caused by investigation and removal process of damaged and disabled motor vehicles from vehicle accident crash scenes results in congestion of traffic and can cause additional accidents. Further, we find and that it is of vital importance to remove damaged and disabled vehicles from the roads as promptly as possible. Motor vehicle accident, disablement sites, are often left in an unsafe and unclean condition after tow truck operators, and emergency personnel leave the scene. Clean up standards and enforcement are needed to ensure public/vehicle safety is maintained and to ensure that accident and disablement scenes are left free of debris and are safe thoroughfares. Therefore, the purpose of this law is to ensure that following motor vehicle accidents and disablements, and as part of the towing services involved, that the surrounding area/scene will be swept and left clean and free from debris so as to protect the public and future vehicles traveling in the area.
Prior legislative history
S8739 of 23-24
Fiscal implications
None to the State.
Effective date
This act shall take effect on the thirtieth day after it shall have become law
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.