(1) the owner or other person lawfully entitled to the possession of
such vehicle appears and requests the release of such vehicle before the
tow truck is in motion,
(2) such owner or other person has a current valid driver's license,
(3) such owner or other person presents either a registration card or
title for the vehicle, and
(4) such owner or other person consents, in writing, to the imposition
of a vehicle release penalty for the underlying parking violation in
accordance with paragraph b of this subdivision.
b. Where a vehicle that is illegally parked is released from a tow
truck under the circumstances described in paragraph a of this
subdivision, a vehicle release penalty, in an amount which shall not
exceed one-half of the fee charged by the department of transportation
of such city for the towing of illegally parked vehicles shall, upon a
plea of guilty, a final determination sustaining the charges or upon
default, be added to the amount of fines and penalties imposed for the
underlying parking violation. The provisions of subdivision two of
section two hundred thirty-seven of this article that limit the amount
of monetary penalties which may be imposed for a parking violation shall
not apply to such vehicle release penalty. In no event shall a vehicle
release penalty be imposed pursuant to this subdivision if the
underlying parking violation is dismissed. The parking violations bureau
of such city may prescribe penalties for non-payment of such vehicle
release penalty which shall be consistent with section two hundred
thirty-five of this article.
Structure New York Laws
Title 2 - Department of Motor Vehicles; Commissioner
Article 2-B - Adjudication of Parking Infractions
237 - Functions, Powers and Duties.
239 - Ownership and Operation of Vehicles; Liability.
240 - Hearings, Notice and Conduct.
241 - Final Determinations, Judgments.
241-A - Complaint Procedure for Satisfied or Wrongfully Imposed Fine or Penalty.