a. 1. The commissioner shall grant an exemption from the provisions of this subchapter, other than section 20-520 of this subchapter, to the following persons for the operation of one or more tow trucks that are owned or operated by such person and are used exclusively in the business of such person:
(a) a vehicle dismantler, salvage pool, mobile car crusher, or itinerant vehicle collector registered pursuant to section four hundred fifteen-a of the vehicle and traffic law, a scrap processor licensed under article six-C of the general business law and certified by the commissioner of motor vehicles of the state of New York as a scrap processor, and a scrap collector certified by the commissioner of motor vehicles of the state of New York as a scrap collector who complies with all licensing or permitting requirements applicable to such business;
(b) a franchised public transportation operator;
(c) a common carrier of passengers by motor vehicle, a common carrier of property by motor vehicle, a contract carrier of passengers by motor vehicle, and a contract carrier of property by motor vehicle as such terms are defined in subdivisions seven, eight, nine and ten, respectively, of section two of the transportation law when such common carriers possess such appropriate operating authority as is required by applicable law;
(d) a public utility company or a public utility corporation as such terms are defined in subdivisions twenty-three and twenty-four, respectively, of section two of the public service law;
(e) an owner of a vehicle licensed pursuant to chapter five of title nineteen of the code;
(f) an operator of a school bus as such term is defined in section one hundred forty-two of the vehicle and traffic law; and
(g) a motor-vehicle rental agency.
2. An application for such exemption shall be made to the commissioner in the form and manner prescribed by rule of the commissioner. The commissioner may impose a reasonable application fee to cover the administrative costs of granting an exemption. A certificate of exemption shall be issued for each tow truck utilized by such person as described above and shall be displayed in the manner prescribed by rule of the commissioner. No certificate issued pursuant to this subdivision shall be assignable or transferable or used for any tow truck other than the tow truck for which it was issued.
b. The licensing requirements of subdivision b of section 20-496 of this subchapter shall not be applicable to an individual employed by a person who has been granted a certificate of exemption pursuant to subdivision a of this section when such individual is driving or otherwise operating a tow truck, or assisting in any activity for which a license is required under this subchapter, and a certificate of exemption has been issued for the tow truck utilized by such individual.
c. This subchapter shall not be applicable to a governmental agency or to any person who performs towing and storage services exclusively on the premises of any facility operated by the port authority of New York and New Jersey, or to an individual employed by either such entity when driving or otherwise operating a tow truck or assisting in any activity for which a license is required under this subchapter in the course of his or her employment.
d. The commissioner may by rule exempt from the provisions of section 20-509 and 20-514 the towing of certain classes of vehicles based on their dimension, weight, or dimension and weight.
e. Notwithstanding the provisions of subdivision c of this section, the provisions of section 20-528 of this subchapter shall be applicable to all city marshals and city agencies.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/028 and L.L. 1993/112.