Legislation
SECTION 1204
Officers authorized to remove illegally stopped vehicles
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 7, ARTICLE 32
§ 1204. Officers authorized to remove illegally stopped vehicles. (a)
Whenever any police officer, or in a city having a population in excess
of one million any person designated by the commissioner of traffic of
such city or on highways under the jurisdiction of the New York state
thruway authority, the office of parks and recreation, a county park
commission, a parkway authority, a bridge authority or a bridge and
tunnel authority any person designated by such office, commission or
authority, finds a vehicle standing upon a highway in violation of any
of the foregoing provisions of this article such officer is hereby
authorized to move such vehicle, or require the driver or other person
in charge of the vehicle to move the same to a position off the paved or
main-traveled part of such highway.
(b) 1. Whenever any police officer, or in a city having a population
in excess of one million any person designated by the commissioner of
traffic of such city or on highways under the jurisdiction of the New
York state thruway authority, the office of parks and recreation, a
county park commission, a parkway authority, a bridge authority or a
bridge and tunnel authority any person designated by such office,
commission or authority finds a vehicle unattended where it constitutes
an obstruction to traffic, or any place where stopping, standing or
parking is prohibited, such officer is hereby authorized to provide for
the removal of such vehicle, semitrailer or trailer to a garage,
automobile pound or other place of safety.
2. In any city with a population of one million or more, whenever any
police officer, or any person designated by the commissioner of traffic,
finds a semitrailer or trailer without a tractor or towing vehicle
attached, parked or unattended on any city street, such officer or
person designated by the commissioner of traffic is hereby authorized to
provide for the removal of such semitrailer or trailer to a garage,
automobile pound or other place of safety.
(c) The owner or other person lawfully entitled to the possession of
such vehicle may be charged with a reasonable cost for removal and
storage, payable before the vehicle is released.
(d) No police officer or other public, state or municipal employee
shall release a motor vehicle impounded because of any traffic or
parking violation to any person who does not have a currently valid
driver's license and an insurance identification card or other
acceptable evidence indicating current insurance coverage on such
vehicle. The provisions of this subdivision with respect to insurance
coverage shall not apply to a motor vehicle which will not be moved
under its own power but will be transported by a tow truck or upon
another vehicle, provided that the registration for such impounded
vehicle has been surrendered to the commissioner and proof of such
surrender is presented to the police officer or other public, state or
municipal employee.
Whenever any police officer, or in a city having a population in excess
of one million any person designated by the commissioner of traffic of
such city or on highways under the jurisdiction of the New York state
thruway authority, the office of parks and recreation, a county park
commission, a parkway authority, a bridge authority or a bridge and
tunnel authority any person designated by such office, commission or
authority, finds a vehicle standing upon a highway in violation of any
of the foregoing provisions of this article such officer is hereby
authorized to move such vehicle, or require the driver or other person
in charge of the vehicle to move the same to a position off the paved or
main-traveled part of such highway.
(b) 1. Whenever any police officer, or in a city having a population
in excess of one million any person designated by the commissioner of
traffic of such city or on highways under the jurisdiction of the New
York state thruway authority, the office of parks and recreation, a
county park commission, a parkway authority, a bridge authority or a
bridge and tunnel authority any person designated by such office,
commission or authority finds a vehicle unattended where it constitutes
an obstruction to traffic, or any place where stopping, standing or
parking is prohibited, such officer is hereby authorized to provide for
the removal of such vehicle, semitrailer or trailer to a garage,
automobile pound or other place of safety.
2. In any city with a population of one million or more, whenever any
police officer, or any person designated by the commissioner of traffic,
finds a semitrailer or trailer without a tractor or towing vehicle
attached, parked or unattended on any city street, such officer or
person designated by the commissioner of traffic is hereby authorized to
provide for the removal of such semitrailer or trailer to a garage,
automobile pound or other place of safety.
(c) The owner or other person lawfully entitled to the possession of
such vehicle may be charged with a reasonable cost for removal and
storage, payable before the vehicle is released.
(d) No police officer or other public, state or municipal employee
shall release a motor vehicle impounded because of any traffic or
parking violation to any person who does not have a currently valid
driver's license and an insurance identification card or other
acceptable evidence indicating current insurance coverage on such
vehicle. The provisions of this subdivision with respect to insurance
coverage shall not apply to a motor vehicle which will not be moved
under its own power but will be transported by a tow truck or upon
another vehicle, provided that the registration for such impounded
vehicle has been surrendered to the commissioner and proof of such
surrender is presented to the police officer or other public, state or
municipal employee.