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Legislative Reports
Governor Signs ESTRA 10-mile Towing Bill Into Law
On September 16, 2005, Governor Pataki signed a bill into law which provides that the distance to the nearest exit of a controlled-access highway shall not be considered when determining the ten-mile distance that an over-length vehicle may be towed.
Under prior law, a disabled vehicle or combination of vehicles in excess of 65 feet in length could be towed for a distance of ten miles for the purpose of repairing the vehicle or removing it from the highway. It was not unusual for towers to use up the entire ten mile exemption before they reach the nearest exit of a controlled-access highway. This bill corrects this defect in the law.
The bill was originally part of a more ambitious bill that also sought to increase the length of car carriers from 40 to 45 feet – relief that is currently opposed by the New York State Department of Transportation. Realizing that a “half of loaf is better than none,” ESTRA cut the 10-mile provision out of the original bill. The association is, however, continuing to work with DOT toward enacting legislation or regulations that addresses the car carrier issue.
The 10-mile towing bill is ESTRA’s second legislative victory of the current legislative session, as the governor previously signed a bill that did away with the non-CDL-C license. The current status of ESTRA’s entire legislative agenda (and a description of other bills that were either signed into law or vetoed) is as follows:
PROGRAM LEGISLATION ABANDONED VEHICLES;
S.5120-A by Senator Spano/A.875-a by Tokasz:
Seeks to amend definition of an abandoned vehicle to include a vehicle that is left on a tower’s property after having been towed at the request of the police. It also seeks to simplify methods for disposing of abandoned vehicles and to require DMV to revoke the license and registrations of a person who abandons a vehicle. Substantial amendments were made to the bill during the current session. Reported to the floor of the Senate and died in Assembly Transportation Committee.
TEN MILE TOWING BILL;
S.3640 by Senator Winner/A.5490 by M of A Cahill:
Provides that the distance to the nearest exit of a controlled access highway shall not be considered in determining the ten-mile distance that an over-length vehicle may be towed. Passed in the Senate and died in the Assembly Transportation Committee. Signed into law as Chapter 669 of the Laws of 2005.
NON CDL-C LICENSE;
S.2461 by Senator Johnson/A.7535by M of A Gantt:
Seeks to repeal Non CDL-C license. In so doing, would allow operator to drive a vehicle with a GVWR of up to 26,000 pounds with a Class D license. Would still be necessary to have an “S” or “W” endorsement in order to engage in commercial towing. Identical bill was vetoed by the Governor last year. Signed into law as Chapter 339 of the Laws of 2005.
MOVE OVER;
S.268-A by Senator Bonacic/A.3629-A by M of A Cahill:
Seeks to require motorists to exercise due caution when approaching a hazard vehicle on the side of a road or to move to a lane away from a hazard vehicle that is parked on the side of a parkway or limited access highway. Passed in the Senate and died in the Assembly Codes Committee, after having been reported from the Assembly Transportation Committee.
NEW YORK CITY TOWING;
S.3252 by Senator Spano/A.6470 by M of A Brodsky:
Seeks to prohibit municipalities from regulating towing companies or tow trucks that are located outside of their jurisdictional boundaries and either pass through or enter such municipalities for the purpose of picking up or dropping off their customers’ vehicles. Reported to the floor of the Senate and died in Assembly Transportation Committee.
CHAPTERS OF 2005
CHAPTER 60; S.3670 by Rules (A Budget Bill):
Among other things, increases the following fees: manual DMV record search from $6.00 to $10.00; electronic DMV record search from $5.00 to $7.00; application for license as dealer or transporter from $25.00 to $37.50; annual fee for dealer or transporter from $150.00 to $250.00; photo image fee from 0 to $10.00; application for a certificate of title from $10.00 to $50.00; and duplicate certificate of title from $10.00 to $20.00.
CHAPTER 151; A.7534 by M of A Gantt:
Amends Chapter 329 of the Laws of 2002 to make elimination of non-CDL C licenses for household goods carriers permanent
CHAPTER 199; A.5779 by M of A McLaughlin:
Allows for handicapped parking spaces to be designated as towaway zones.
CHAPTER 233; S.4885 by Senator Libous:
Enhances worker safety in highway work zones.
CHAPTER 302; S.4011 by Senator Morahan:
Exempts drivers of vehicles engaged in restoration of water from hours of service requirements.
CHAPTER 33O; A.6721-A by M of A Bradley:
Allows municipalities to regulate certain taxis and limousines.
CHAPTER 339; A.7535 by M of A Gantt:
ESTRA non-CDL C bill, described above.
CHAPTER 669; S.3640 by Senator Winner:
ESTRA 10 mile towing bill, described above.
VETOES OF 2005
VETO 37; A.2156 by M of A LaFayette:
Requires DMV Commissioner to send notice to insurer of stolen vehicle when owner cannot be found and allows for insurer to take possession of such vehicle. The bill was opposed by the City of New York, the Conference of Mayors and the Association of Counties on the grounds, among other things, that it would increase the period of time in removing vehicles from storage lots.
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