§ 22-11. Owner's, operator's right to choose.

(a) In general.

Whenever a disabled vehicle needs to be towed from a City street:

(1) if the vehicle is impeding the free flow of traffic or movement of pedestrians or if some other emergency pertains, as determined by the police officer on the scene, the police officer shall request the Police Commissioner to summons a medallion towing vehicle; and

(2) in all other situations:

(i) the police officer on the scene shall permit the owner or operator, if available, to contact a bona fide automobile or motor club of which he or she is a member or an automobile insurance company with which she or he is insured; and

(ii) if the owner or operator declines or is unavailable to do so, the police officer shall request the Police Commissioner to summons a medallion towing vehicle.

(b) Required response time.

If the towing company contacted by an automobile or motor club or automobile insurance company under subsection (a)(2)(i) of this section cannot or does not respond within 20 minutes or a reasonable period of time, as determined by the police officer under the circumstances, the police officer shall request the Police Commissioner to summons a medallion towing vehicle.

(c) Assurance of compliance.

To the extent possible under the circumstances, the police officer at the scene shall verify that the towing vehicle arriving at the scene and preparing to tow the disabled vehicle:

(1) is not there in violation of § 22-21 {"Solicitations prohibited"}or § 22-24 {"Police radios prohibited"} of this subtitle; and

(2) either:

(i) is a medallion towing vehicle summoned by the Police Commissioner; or

(ii) is a towing vehicle summoned by the owner's or operator's automobile or motor club or automobile insurance company.

(d) Priorities.

Once a medallion towing vehicle has been summonsed under this section, it is to be given priority over any other towing vehicle that may arrive at the scene.

(e) Destination.

(1) This subsection does not apply to a vehicle that is being held for evidence.

(2) The owner or operator of a disabled vehicle, if available, retains full discretion to determine the destination to which the vehicle is to be towed, even if the tow is by a medallion towing vehicle summoned under this section.