(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).