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Tow411

It's Safe to Enter New York City. Appeals Court Rules in AAA Case.

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Topic Originally Created in March of 2008:
 
It's safe to enter New York City! The Appeals Court has ruled.

The U.S. Appeals Court saw through New York City's charade and affirmed the district court's decision. The Appeals Court also told the City to cough up $651,856 in attorneys' fees and $6,293.98 in expenses.

The wise Judge's of the U.S. Appeals Court did not buy the City's argument that licensing every tow truck that came into or passed through New York City would stop "chasing".

In the Conclusion of a 13 page decision the judges stated: "Even assuming that the Scheme has been effective in reducing chasing for accidents within New York City, the City has not articulated a reason as to why the Scheme must be enforced against all tow trucks anywhere in the City in order to reduce chasing, or how that broad enforcement is generally responsive to safety concern concerns. When a City resident's car breaks down in New Jersey, or Westchester, or Connecticut, the few trucks (if any) starting the "chase" from within the City would presumably be licensed. Those starting and ending the chase outside of the City would not drive on City roads or highways or threaten City pedestrians. The tow truck returning the car to the City resident's repair shop within the City would not seriously jeopardize safety within New York City either. Although enforcement of the Scheme under these circumstances might serve to protect the City residents from high prices, this is not a safety concern. At that point, it becomes precisely the general industry regulation that Congress intended to preempt in enacting 49 U.S.C 14501(c)…." "Enforcing the Scheme against tow trucks passing though New York City or towing vehicles into New York City does not respond to safety concerns and does not fall within the safety exception of 49 U.S.C. 14501(c)(2)(a)."

The Court also found the awarding of legal fees was not an abuse of discretion. After two defeats will the Commissioner of the New York City Consumer Affairs finally accept defeat? The next step would be the U.S. Supreme Court in Washington, D.C.? Only time will tell. Let's savior the moment. Victories in our Industry are few and far between.

Richie

Metropolitan NY Towing, Auto Body & Salvage Association.
 
nullstowing said:
Great News...Now they need to go after Philadelphia.
 
Richie said:
To Nullstowing....... Earlier today I E-mailed a copy of the entire decision to the Pennsylvania Towing Association
Richie.
 
Rod VT tubeyellow.gif said:
Great news Richie. Congrats to all NY area towers, and AAA of course, for fighting the good fight. Hopefully NYC will be smart enough with the taxpayer's money to finally let this drop. Unfortunately, the parties involved may be too invested and feel they have to carry on to the Supreme Court to save face. Actually, having them lose at that level (or having the Supreme Court refuse to hear it) would be good for the rest of the country (Philadelphia?), because it would settle the issue nationally without any doubt.
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Alan407 tubered.gif said:
Two great court rulings in a week for the towers. As for the PTA and Phila goes, I wouldn't count on them. Maybe some day we the towers will have the support we need to fight on in Phila. As for the towers in NJ, looks like your next in line for a win.
 
 

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