a. Except as otherwise provided in section 20-524 of this subchapter, no person shall engage in towing without having first obtained a license for such towing business issued pursuant to section 20-498 of this subchapter. Such license shall be referred to as a license to engage in towing. No person shall engage in towing without having obtained a license plate for each tow truck issued pursuant to section 20-503 of this subchapter.
b. Except as otherwise provided in section 20-524 of this subchapter, no person shall drive or otherwise operate a tow truck or assist in any activity for which a license is required under this subchapter unless such person shall have first obtained a tow truck operator's license issued pursuant to section 20-498 of this chapter.
c. No person who is required to obtain a license under subdivision a of this section shall permit or authorize the driving or other operation of a tow truck by a person who does not possess a current, valid tow truck operator's license or whose tow truck operator's license has been suspended or revoked where such license is required under this subchapter. In any prosecution for violation of this subdivision, it shall not be necessary to prove that such person knew or should have known that the operator was unlicensed, and there shall be a rebuttable presumption that such tow truck was driven or otherwise operated with the permission or authorization of such person. In any such prosecution, it shall be an affirmative defense that prior to being cited for such violation, such person registered such tow truck operator with the department in accordance with the procedures prescribed by rule of the commissioner and the department did not send notification to such person that such tow truck operator lacked a current, valid tow truck operator's license or that such operator's license had been suspended or revoked.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028 and L.L. 1993/112.