(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)