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Subchapter EE: Towing Vehicles
Whenever used in these regulations, the following terms shall be deemed to mean and include:
Commissioner. "Commissioner" shall mean the Commissioner of the Department of Consumer Affairs of the City of New York.
Department. "Department" shall mean the Department of Consumer Affairs of the City of New York.
Disabled vehicle. "Disabled vehicle" shall mean any vehicle for which towing is necessary because of a vehicular accident or for which towing is necessary because of the vehicle's inability to proceed under its own motive power due to reasons other than vehicular accident.
Evidence vehicle. "Evidence vehicle" shall mean any vehicle which is suspected of having been used as a means of committing a crime or employed in aid or furtherance of a crime or held, used or sold in violation of law or which may be required to be held or produced as evidence in a criminal investigation or proceeding.
Licensee. "Licensee" shall mean a person (a natural person, corporation, association or partnership) licensed under the provisions of the Administrative Code of the City of New York to operate, engage in, conduct or cause the operation of a business engaged in towing with or without charge or payment therefor.
Person in charge of a vehicle. "Person in charge of a vehicle" shall mean the operator or owner of a vehicle or any person designated by the owner to contract for the towing or repairing of such vehicle.
Tow truck. "Tow truck" shall mean a vehicle that is equipped with a crane, winch, tow bar, push plate, or other device designed to pull or push a vehicle or to raise a vehicle or the front or rear end thereof.
Towing. "Towing" shall mean the driving or other operation of a tow truck, or the offering to transport a vehicle by means of a tow truck. An employee of a repair shop registered pursuant to article twelve-A of the vehicle and traffic law that is not subject to the licensing requirements of this subchapter shall not be deemed to be engaged in "towing" when such employee test-drives a tow truck that has been repaired or is to be repaired by such repair shop if (1) such tow truck is not owned or operated by such repair shop, (2) such tow truck is not transporting another vehicle, and (3) such test-drive takes place within a one mile radius of such repair shop's premises.
Vehicle. A motor vehicle as defined in § 125 of the New York State vehicle and traffic law, a tractor as defined in § 151-a of such law or a trailer as defined in § 156 of such law.
(a) Every applicant for any license required under this subchapter or for any renewal thereof shall appear at the Department and have his or her fingerprints taken, recorded, filed with and made part of such application. This requirement applies to: the individual owner if the applicant is a sole proprietorship; the general partners, if the applicant is a partnership; and the officers, directors and stockholders owning more than ten percent of the outstanding stock of the corporation if the applicant is a corporation. This requirement shall not apply to any individual whose fingerprints are or have been taken in connection with any other license application or renewal thereof under this subchapter. A processing fee, as required by the New York State Division of Criminal Justice Services or New York City Police Department shall be paid at time of application.
(b) Every such applicant shall submit with his or her application one (1) recent, clear photograph of him or herself which shall be 1 1/2 inches square or oval. The name of the applicant shall be legibly printed on the back of each photograph. This requirement applies to every individual required to be fingerprinted by these regulations.
(c) Every such applicant must submit to the Commissioner a bond in the sum of five thousand dollars payable to the City of New York. The bond shall be either a cash bond or a bond executed by a duly authorized surety company. The bond shall be conditioned upon:
(1) Payments to the City of New York of any fine, penalty or other obligation imposed by the Department of Consumer Affairs for non-compliance with any law(s), rule(s) or regulation(s) governing the conduct of those licensed to engage in the business of towing within 30 days of its imposition or,
(2) Payment of any final judgment recovered by any person who received towing services from a licensee hereunder and was damaged thereby.
(d) Every such applicant shall furnish a copy of a Certificate of Insurance as proof that every tow truck to be used by such applicant under this license is insured under a liability insurance policy as follows: Not less than two hundred thousand dollars for injury or death of any one person resulting from any one accident; not less than five hundred thousand dollars for injury or death 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. The licensee shall notify the Commissioner of any modification, amendment, cancellation or substitution of any such insurance policy within 10 days of receipt by the licensee of notice to the licensee of any such modification, amendment, cancellation or substitutions. Notice to the Commissioner shall be made by regular mail to the License Issuance Division of the Department.
(e) Every such applicant shall produce proof of Workers' Compensation Insurance Coverage consisting of a copy of a Certificate of Insurance from the carrier setting forth the carrier's full name and address; the full name and address of the insured; the policy or binder number; locations and operations covered and the period covered. If coverage is cancelled or lapses, notice thereof shall be given immediately to the Department. Every licensee shall furnish proof of continued coverage whenever required to do so by the Department. Every licensee shall at all times during the term of the license have and maintain Workers' Compensation Insurance Coverage. This requirement shall not apply to those applicants who are not required by law to maintain this coverage or who have been specially exempted from a requirement to maintain such coverage. Any applicant who has been specially exempted must produce proof of exemption from the Workers' Compensation Board.
(f) If the applicant conducts business under a trade name or if the applicant is a partnership, the application for a license must be accompanied by a copy of the trade name or partnership certificate duly certified by the clerk of the county in whose office said certificate was filed. If the applicant is a corporation, a copy of the filing receipt or certificate of incorporation filed with and stamped by the New York State Secretary of State must be submitted, along with a Certificate of Assumed Name or filing receipt, if an assumed name is used.
(g) Every such applicant shall not have a record of conviction for 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 to engage in the business of towing is required. Consideration may be given to the circumstances of the underlying arrest, age when arrested, time elapsed since the occurrence of the act which led to the arrest and conviction and the subsequent conduct of the applicant. This requirement applies to the individual owner if the applicant is a sole proprietorship; the general partners, if the applicant is a partnership and the officers, directors and stockholders owning more than ten percent of the outstanding stock of the corporation if the applicant is a corporation.
(h) Every such applicant with business or storage premises in New York City must submit a current certified Certificate of Occupancy or a letter of permissible use from the Department of Buildings indicating that its business or storage premises are in compliance with the zoning resolution and the Building Code of the City of New York.
(i) Every such applicant must show either direct ownership or direct lease or sublease of the business or storage premises, whether located within the City of New York or not.
(j) [Reserved.]
(k) Every such applicant must submit proof of a valid New York State registration for each tow truck for which a Department license plate is sought.
(l) Any applicant who repairs vehicles shall submit proof of a valid New York State Department of Motor Vehicles registration to operate a repair shop.
(m) 1) The biennial fee for a license to engage in the business of towing shall be $600.00. All licenses to engage in the business of towing issued pursuant to this subchapter shall expire on April thirtieth in even numbered years, unless sooner suspended or revoked. In addition, there shall be a biennial fee of $600.00 for each tow truck in excess of one and a $50 fee for inspecting each tow truck for which the applicant seeks a Department license plate.
(2) When an applicant or licensee fails to present a tow truck for a scheduled inspection, the Department will deem the tow truck to have failed inspection.
(3) There shall be a $50 fee for re-inspecting any tow truck that has failed an inspection.
(4) Upon payment of the license fee and the tow truck inspection fee or fees and compliance with all other applicable requirements of the Department, the Commissioner will issue to the applicant a license to engage in the business of towing vehicles together with one Department license plate for each tow truck covered by such license.
(n) Each license plate will be assigned to a specific tow truck as outlined on the Plate Assignment Roster. A licensee shall have the license plate affixed in the manner specified below, and have the license plate number painted or otherwise securely affixed in the manner specified below.
(1) Securely affix by means other than a magnet, the license plate to the rear driver's side, adjacent to or directly above the wheel well of the assigned truck.
(2) Paint, or otherwise securely affix the license plate number, by means other than a magnet, on the rear driver's side of the truck above the DCA tow truck plate. The license plate number must also be painted or otherwise securely affixed by means other than a magnet on the rear passenger's side of the truck, in approximately the same position as it is located on the rear driver's side. All numerals painted or otherwise securely affixed to indicate the license plate number must be at least 12 inches high for clear visibility, provided, however, that in the case of a flatbed vehicle, the numerals painted or otherwise securely affixed to indicate the license plate number must be at least 6 inches in height.
(3) A licensee who has been approved to participate in the DARP, ROTOW or EVIDENCE VEHICLE programs will be identified as a participant in such program(s) on the Tow Truck Identification Card issued pursuant to subdivision (p) of this section. Any participant who at any time fails to meet the application requirements for the DARP, ROTOW or EVIDENCE VEHICLE programs will be subject to immediately removal from such programs.
(4) Below is an example (not drawn to scale) of a properly displayed tow truck plate and license plate number. The plate and license plate number are securely affixed to the truck by means other than a magnet. The Department's current complaint telephone number, the tow truck company's name, address and telephone number, and, for any vehicle assigned to DARP, the legal rate for towing for DARP tows, specifically identified as "Rates for accident tows," must also be clearly painted on or be permanently adhered as a decal by heat treatment to the tow truck, in letters at least 1 1/2 inches high, as illustrated on the next page.
1. Company Name, Address, Telephone
2. Current DCA Complaint Phone Number
3. Rates for Accident Towing and Storage
4. Plate Number 12 inches high
5. DCA plate.
Numbers 1, 2, & 3 must be painted on letters, one and a half inch high.
(o) Where such applicant is required to pay the New York City commercial motor vehicle tax for one or more tow trucks pursuant to Chapter 8 of Title 11 of the Administrative Code, the applicant shall furnish proof of payment of such tax for each tow truck for which a license is sought. Such proof shall consist of a validated New York City Department of finance Motor Vehicle Tax Receipt issued pursuant to such chapter.
(p) Each licensed tow truck shall carry an identification card issued by the Department which shall contain the tow truck's Department license plate number, the tow truck's New York State Department of Motor Vehicles' license plate number, the vehicle identification number assigned to that particular tow truck, the tow truck company's name, the tow truck company's license number and a code letter designating that the tow truck is approved for use in the DARP, ROTOW or EVIDENCE VEHICLE program.
(Amended City Record 1/28/2019, eff. 2/27/2019)
(a) The Department license plate shall at all times be affixed to a visible and conspicuous part of each tow truck covered by the license, as determined by the Commissioner. However, in no instance shall this plate be affixed to the hood of the tow truck.
(b) Each licensee shall notify the Department of any change in its ownership if it is a sole proprietorship, of any change in its general partners if it is a partnership, and of any change in its directors, officers or holders of more than ten percent of its stock if it is a corporation. The license to engage in the business of towing shall become immediately void unless prior written approval of the Department has been obtained
(1) with respect to a corporation, where any person or organization becomes the beneficial owner of more than ten percent of the stock of a corporate licensee, if such person or organization was not previously one whose fingerprints were required to be taken under 6 RCNY § 2-362(a);
(2) with respect to a partnership, where there is any change in the general partners; and
(3) with respect to a sole proprietorship, where there is any change in ownership.
(c) Upon the dissolution, suspension, discontinuance, whether voluntary or involuntary, or sale as a going concern of the business of a licensee, it shall be the duty of such licensee to surrender to the Department its license together with all Department license plates issued thereunder.
(d) Each corporate licensee must disclose to the Department the identity of each person who holds in the aggregate, either directly or indirectly, through a nominee or any other person holding stock for the use or benefit of such person, more than 10 percent of the outstanding stock of such corporate licensee.
(e) Licensee's duty to keep records.
(1) Each licensee shall record all calls for towing and record all occasions where towing service was rendered. The licensee shall do this by maintaining in chronological order all authorizations to tow and all towing invoices, for a period of three years.
(2) A separate log book shall be maintained for the Stolen and Abandoned Rotation Tow Program, the Directed Accident Response Program and the Evidence Vehicle Program, in accordance with the regulations established for these programs.
(3) All required records shall be readily available at the licensee's premises for inspection by the Police Department and the Department of Consumer Affairs during normal business hours.
(f) Any licensee holding a license to engage in the business of towing who acquires a tow truck subsequent to the date such license was issued shall submit an application to the Department to obtain a Department license plate to affix to said truck. The licensee must furnish proof of insurance and proof of vehicle registration.
(g) Periodic inspections will be made of tow trucks by duly authorized employees of the Department. The inspectors shall check for a valid New York State Department of Motor Vehicle inspection sticker and all other necessary documentation required under the vehicle and traffic law. In addition, the truck must be visibly roadworthy.
(h) Licensees may be held responsible for any act or omission of any of their employees which results in the licensee's failure to comply with such regulations as are applicable.
(i) Licensees must promptly and in no event later than five business days, report the loss of any Department license plate or license document to the Department as well as the loss or change of the vehicle registration.
(j) (1) Each licensee must notify the Department of any conviction for a crime or the entry of a guilty or nolo contendere plea by:
(i) any licensed tow truck operator employed by the licensee; or
(ii) any person required to be fingerprinted under this subchapter in connection with the licensee's application for a license or renewal thereof.
(2) There shall be a rebuttable presumption that a licensee had notice of such conviction for a crime or entry of a guilty or nolo contendere plea by any licensed tow operator in its employ or by any person required to be fingerprinted under this subchapter in connection with the licensee's application for a license or renewal thereof.
(k) Licensees must not permit the Department license plate to be used on any vehicle other than the one for which it is issued, without the prior written approval from the Department.
(l) Licensees must not store vehicles on a public thoroughfare, unless licensees are directed to do so by the person in charge of the vehicle or a police officer and such placement of such vehicle is not in violation of any other law.
(m) Licensees shall take reasonable care to prevent damage to or loss of a customer's vehicle or personal property contained therein.
(n) Licensees must notify the Department in writing at the time of their application of the names, addresses and Department license numbers of each tow truck operator who is employed by such licensee. If additional tow truck operators are employed by such licensee after the date of such application, the licensee must notify the Department in writing immediately of the names, addresses and Department license numbers of such additional tow truck operators. The Department shall immediately notify the licensee in writing if any tow truck operator employed and registered with the Department by such licensee lacks a current, valid tow truck operator's license or if such operator's license has been suspended or revoked.
(o) No vehicle towed by a licensee to the licensee's premises address shall be left by the licensee on the street in front of, or adjacent to, the licensee's business premises (which include the licensee's storage facilities and auxiliary storage facilities).
(a) Every applicant for a tow truck operator's license must be at least 18 years of age and must submit acceptable proof of age in the form of a birth certificate or a driver's license.
(b) Every such applicant must possess a valid New York State class A, B, CDL C or Non-CDL C license, all of which shall also have an endorsement required by law for operating a tow truck, or an equivalent license from another state of which he or she is a resident, provided, however that such person provides the Commissioner with an abstract of his or her driving record from such state. Applicants with out-of-state driver's licenses must present proof satisfactory to the Commissioner that such licenses are current and valid at the time of the filing of the application.
(c) Every such applicant must submit with his or her application two (2) recent, clear photographs of himself or herself which shall be 1 1/2 inches square or oval. The name of the applicant shall be legibly printed on the back of each photograph.
(d) An applicant shall not have a record of conviction for 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 tow truck operator's license is required. Consideration may be given to the circumstances of the underlying arrest, age when arrested, time elapsed since the occurrence of the act which led to the arrest and conviction and the subsequent conduct of the applicant.
(e) The Commissioner may reject an application or move to suspend or revoke the license of an operator whose driving record in the judgment of the Commissioner, adversely affects his or her ability to perform the activities for which a license is required.
(f) Every applicant for an operator's license or for any renewal thereof shall appear at the Department and have his or her fingerprints taken, recorded, filed with and made part of such application. This requirement shall not apply to any individual whose fingerprints are or have been taken in connection with any other license application or renewal thereof under this subchapter. A processing fee, as required by the New York State Division of Criminal Justice Services or the New York City Police Department shall be paid at the time of application.
(a) Every operator must have in his or her possession, while operating a tow truck for the purpose of towing, his or her tow truck operator's license.
(b) Every operator must, promptly, and in no event later than 10 days, in writing, report a change of residence address to the Department.
(c) Every operator must, promptly, and in no event later than 10 days, in person, report the loss of his or her tow truck operator's license to the Department.
(d) Every operator must surrender his or her tow truck operator's license to the Department when his or her driver's license has been suspended or revoked.
(e) Every operator must promptly and in no event later than 5 days, notify the Department if he or she is convicted of a crime or enters a guilty or nolo contendere plea in any jurisdiction.
(f) Operators shall not permit any other person to use his or her tow truck operator's license.
(g) Operators shall not operate any tow truck for the purpose of towing for which a Department license plate has not been issued.
(h) Operators shall not charge a fee for any towing service in connection with the towing of a vehicle, except as provided by the applicable laws, rules and regulations.
(i) Operators shall continuously maintain a valid New York State class A, B, CDL C or non-CDL C license with the endorsement required by law for operating a tow truck, or a current and valid equivalent license from another state of which he or she is a resident.
(a) No person licensed under this subchapter shall refuse, without justifiable grounds, to render towing services in whole or in part to a person in charge of a disabled vehicle (other than a vehicle that has a maximum gross vehicle weight of less than 15,000 pounds that is involved in a vehicular accident) who has requested towing to a destination within the city and who is able and willing to pay the towing charges in legal tender, by a credit card in accordance with generally accepted business practices, by a first party insurance check or in any other form acceptable to the licensee. For purposes of this subdivision, "justifiable grounds" shall include but not be limited to (1) the licensee does not have available the tow truck or other equipment necessary to tow the vehicle, (2) the absence of an authorization by the commissioner of transportation which is required to lawfully remove a vehicle from a specific location, and (3) an authorization by the commissioner of transportation to only provide such towing services as may be specified by such commissioner to remove a vehicle from a specific location.
(b) Licensees are required to tow a disabled vehicle (other than a vehicle that has a maximum gross vehicle weight of less than 15,000 pounds that is involved in a vehicular accident) with reasonable promptness to a location within the city as designated by the person in charge or owner of the vehicle. Factors that will be considered in the ability to be reasonably prompt are availability of the tow truck and other necessary equipment, weather, distance, and traffic conditions.
(c) Licensees are not required to carry any of the occupants of the disabled vehicle in the tow truck. In addition, they shall not, in any instance, charge a fee for any passengers that they do transport.
(d) All tow truck operators must issue a clearly written itemized receipt for towing services for which they have been paid. This receipt must state the amount of charges, for what services charges were made, the location from which the vehicle was towed and the location to which the vehicle was towed, the method of payment and the date services were rendered. This receipt must also state the schedule of rates, if applicable, and the license number, the telephone number and the premises address of the company licensed to engage in the business of towing.
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