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a. As a condition of the issuance of a license to engage in towing, each applicant shall furnish proof that every tow truck to be used by such applicant under such license is insured under a liability insurance policy as follows: with respect to each tow truck, not less than two hundred thousand dollars for personal injury or death of any one person resulting from any one accident; not less than five hundred thousand dollars for personal injury or death of two or more persons resulting from any one accident; and not less than fifty thousand dollars for injury to or destruction of property of one or more persons resulting from any one accident.
b. The licensee shall notify the commissioner of any modification, amendment, cancellation or substitution of any insurance policy required under subdivision a of this section within ten days of notice to the licensee of such modification, amendment, cancellation or substitution.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.
a. No license to engage in towing shall be issued pursuant to this subchapter unless the commissioner determines that every tow truck to be used by the applicant under such license is fit for operation as a towing vehicle and is otherwise in compliance with the provisions of the vehicle and traffic law and any regulations promulgated thereunder.
b. The commissioner may require by regulation that every tow truck used by a licensee be inspected periodically by the department, and after finding such truck to be fit for operation, may issue a replaceable inspection sticker of such material, form, design and dimension to be affixed to such truck in such manner as he or she shall prescribe. The commissioner may be regulation impose a fee for any inspection in an amount not to exceed fifty dollars in order to defray the costs of conducting any such inspection.
c. Where a holder of a license to engage in towing acquires a tow truck subsequent to the date such license was issued intended for use under such license or intends to utilize a truck not previously identified in any application for a license to engage in towing, such licensee shall be prohibited from using such truck for towing until the licensee has furnished proof that such truck is insured as required by section 20-500, and that such truck has been inspected and approved for use by the department pursuant to this section and the commissioner has issued a license plate therefor pursuant to section 20-503 of this subchapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.
No license to engage in towing shall be issued or renewed to any applicant where the premises on or in which the licensed business is to be conducted are not in compliance with the zoning resolution and the building code of the city of New York and any rules or regulations promulgated thereunder.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.
Upon approval of an application to engage in towing, the commissioner shall issue to the licensee a license plate for each tow truck to be used under such license. Such license plate shall be securely affixed to a conspicuous and indispensable part of such truck, and shall clearly set forth the license number assigned to the licensee. The license plate issued to the licensee may, in the discretion of the commissioner, be a plate of a permanent nature with a replaceable date tag attached thereto, indicating the expiration date of the plate. Such license and replaceable date tag shall be of such material, form, design and dimension as the commissioner shall prescribe. The commissioner, upon renewal of a license to engage in towing, may continue the use of the license plate for as many additional license terms as he or she may determine, in which event he or she shall issue and deliver to the licensee a replaceable date tag as evidence of renewal of license, which shall be attached or affixed in such manner as he or she may prescribe. The failure to affix or display such date tag in a manner prescribed by the commissioner shall constitute a violation of this section. In the event of the loss, mutilation or destruction of any license plate or date tag issued hereunder, the licensee may file such statement and proof of facts as the commissioner shall require, with a fee of twenty-five dollars per plate or date tag, at the department, and the department shall issue a duplicate or substitute license plate or date tag.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.
After due notice and opportunity to be heard, the commissioner may refuse to renew any license required under this subchapter and may suspend or revoke any such license upon the occurrence of any one or more of the following conditions:
a. the person holding a tow truck operator's license, or the person holding a license to engage in towing or where applicable its officers, principals, directors, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation have been found by the commissioner to have violated any provisions of this subchapter or any rule promulgated thereunder; or
b. the person holding a tow truck operator's license, or the person holding a license to engage in towing or where applicable its officers, principals, directors, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation were found to have operated a tow truck in a grossly negligent manner or in a manner showing a reckless disregard for life or property. For purposes of this subdivision, a finding that any such person violated section eleven hundred ninety-two of the vehicle and traffic law in the course of the operation of a tow truck shall be deemed gross negligence; or
c. the person holding a tow truck operator's license, or the person holding a license to engage in towing or where applicable its officers, principals, directors or stockholders owning more than ten percent of the outstanding stock of the corporation have made a material false statement or concealed a material fact in connection with the filing of any application pursuant to this subchapter or have engaged in fraud or misrepresentation in connection with the rendering of services; or
d. the person holding a tow truck operator's license, or the person holding a license to engage in towing or where applicable its officers, principals, directors or stockholders owning more than ten percent of the outstanding stock of the corporation have not paid, within the time permitted by law, any fine, penalty or judgment duly imposed pursuant to the provisions of this subchapter or any rule or regulation promulgated hereunder or duly imposed in connection with or arising from the use or operation of a tow truck or the occupation of the premises on which the licensed business is conducted; or
e. the person holding a tow truck operator's license, or the person holding a license to engage in towing or where applicable any of its officers, principals, directors or stockholders owning more than ten percent of the outstanding stock of the corporation has been convicted of a crime which, in the judgment of the commissioner, has a direct relationship to such person's fitness or ability to perform any of the activities for which a license is required under this subchapter; or has been convicted of any other crime which, in accordance with article twenty-three-a of the correction law, would provide a justification for the commissioner to refuse to renew, or to suspend or revoke, such license; or
f. the person holding a tow truck operator's license, or the person holding a license to engage in towing has failed to maintain any of the conditions for issuance of such license as provided under this subchapter or any rule or regulation promulgated hereunder.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028 and L.L. 1993/112.
After due notice and opportunity to be heard, the commissioner shall refuse to renew, or shall suspend or revoke a license required under this subchapter, upon the occurrence of any one or more of the following conditions:
a. the person holding a license to engage in towing or where applicable, any of such licensee's officers, principals, directors, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation, has been found by the commissioner to have unjustifiably refused to release a vehicle towed pursuant to section 20-518 or section 20-519 of this subchapter, to the vehicle's owner or the owner's agent. The commissioner shall establish standards concerning the sufficiency of proof of ownership of the vehicle and the legality of any charges demanded by the licensee for release of the vehicle. In determining whether such refusal is unjustifiable, the commissioner in addition to any other relevant fact shall consider such standards;
b. in a two year period, the person holding a license to engage in towing or where applicable, any of such licensee's officers, principals, directors, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation, has been found by the commissioner to have committed in any combination three or more violations of sections 19-169, 19-169.1 of this code or any rules promulgated thereunder, or sections 20-507, 20-509, 20-509.1, 20-510, 20-512, 20-514, 20-515, 20-516, 20-518, 20-519, 20-520, 20-520.1 or 20-527 of this subchapter or any rules promulgated thereunder;
c. the person holding a license to engage in towing or where applicable, any of such licensee's officers, principals, directors, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation, has been convicted of a misdemeanor or a felony relating to auto stripping in violation of article 165 of the penal law;
d. in a two year period, the person holding a tow truck operator's license has been found by the commissioner to have committed in any combination three or more violations of the provisions of sections 19-169 and 19.169.1 of this code and any rules promulgated thereunder, or sections 20-510, 20-512, 20-514, 20-515, 20-518, 20-519, 20-520, 20-520.1 or 20-527 of this subchapter or any rules promulgated thereunder;
e. the person holding a tow truck operator's license has been found to have operated any motor vehicle in violation of section eleven hundred ninety-two of the vehicle and traffic law during the license term, or has been found to have operated a tow truck in violation of section eleven hundred eighty-two of the vehicle and traffic law.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/112.
Notwithstanding any other provision of law, where the commissioner has reason to believe that a tow truck operator has committed an act which should provide a basis for suspension or revocation under section 20-504 or 20-504.1 of this subchapter, and the continued possession by such person of a tow truck operator's license would pose a serious danger to the safety of the public, the commissioner may immediately suspend his or her tow truck operator's license. Notwithstanding any other provision of law, upon the suspension or revocation pursuant to the vehicle and traffic law of a license to operate a motor vehicle that is held by a person who also holds a tow truck operator's license pursuant to this subchapter, the commissioner shall immediately suspend his or her tow truck operator's license. Notice of the suspension of a tow truck operator's licence pursuant to this section shall be served on the operator and on the person who employs such operator to operate a tow truck. The commissioner shall provide the operator with the opportunity for a hearing within five days after the notification of suspension, after which the commissioner shall forthwith make a determination as to whether such suspension should continue and in addition may impose any penalty or sanction provided for under this subchapter, provided, however, that where the license to operate a motor vehicle held by a tow truck operator has been revoked pursuant to the vehicle and traffic law, the commissioner shall revoke such person's tow truck operator's license issued pursuant to this subchapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028.
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