AAA Case Scheduled To Be Heard By Appellate Court

[Tow411]

Topic Originally Created in February of 2008:

 

On Thursday, March 8, 2008, the U.S. Court of Appeals for the Second Circuit is scheduled to hear oral arguments in the matter of the Automobile Club of New York Inc. vs. the City of New York. In 2004, the City of New York ruled any tow truck entering the City, for any reason, required a City license. This included any tow truck entering the City to pick up or drop off a vehicle, or when simply passing through its borders. At that time a temporary restraining order against the City of New York was put in place prohibiting the City from seizing or ticketing non-based New York City trucks.

On March 27, 2006, Federal Judge Richard Owen issued a Opinion and Order striking the City's definition of towing and making the temporary restraining order permanent. The Court awarded AAA $17,500 for costs incurred during a transfer system (handing off vehicles from an outside City tower to a New York City based tower) and ordered the City to pay AAA's attorneys $651,856.00 for 2,140 hours for their time and $6,293.98 in expenses.

The City is seeking to have both the restraining order and legal fees overturned. We will keep you advised.

Richie Siegel
Metropolitan NY Towing, Auto Body and Salvage Association.

 

kyresqtow said:

On this I find myself rooting for AAA.... if they lose how many other cities will start the same type of thing.... Enough is enough... When will they stop creating new taxes that only affect those that are legitimate??? How many times must we be forced to buy the ability to go somewhere.... and when does it transfer from our businesses to our personal lives... when do states figure up the idea for toll booths just to enter the state??? This is country is losing it's freedoms quickly.... and this is one that WE CANNOT afford to lose.

 

Interstow said:

This is something we all need to support. Can you imagine have to have a separate license for every city you drive thru?? The office manpower to keep up with the licensing procedures, not including the actual license cost, would be staggering.

 

Tom Jr said:

Not olny am I rooting for them, I thank them. I dont do any work for them but they saved everyone that has to go to or through the city a big headache.They did it for all the towers in the tri state area and around the country if this went into effect it would be everywhere. They may not pay a high tow rate but I look at it as they saved me over $600000 in legal fees to fight this. I hope to see them kick NYs ass and come accross the GWB to Trenton and defeat the towing bill that they are working on over here to regulate towing. There are guys over here busting their butt 24-7 to service AAA and it would be a hardship for them if they had such new regulations in the consentual aspect of this business.

 

Bachtowing said:

I CANNOT believe this is still being dragged out. It has been temporarily ruled on, temporarily suspended, tried, appealed, suspended, etc!!

I figured there was an end somewhere!

We are still running in and out of NYC.. so far so good!

 

Edstowing said:

I hope AAA gets this done because it will impact us substantially. Philadelphia got theirs through but fortunately it pertains to picking up a vehicle in the city limits and towing it out of town. Our situation is typically bringing a vehicle to Phily. so we are supposedly ok. NYC is trying to control it both ways from what I understand. If these type of laws are accepted, what keeps every town or municipality from doing the same thing?
NYC already controls the Livery (taxi/Limo) industry but outside operations can go to and from the city, they just can't pick up & deliver in town without a placard.