Every person or entity licensed to engage in towing must maintain records in an electronic format concerning every tow performed under the authority of the following: the Directed Accident Response Program ("DARP"), the Rotation Tow Program ("ROTOW"), the Arterial Towing Program, and the authority to remove vehicles improperly parked on private property provided by § 19-169.1 of the Administrative Code, as provided in this section.
(a) General Recordkeeping.
(1) The licensee must create an electronic folder in which it will maintain electronic copies of records for each tow. The licensee must label each electronic folder with the date on which the tow was performed, and must enter the date as "YYYYMMDD." The licensee must maintain the electronic folders in chronological order.
(2) Each electronic folder must contain an electronic copy of each of the following documents:
(i) a completed authorization to tow,
(ii) a receipt for the towing services, and
(iii) a copy of the credit card record of payment for the towing services, if any.
(b) Records of Directed Accident Response Program (DARP) Tows.
(1) For towing service performed under DARP, the licensee must maintain an electronic copy of the authorization required by 6 RCNY § 2-367(a), (b) or (d), which will constitute the authorization required by paragraph 2 of subdivision a of this section.
(2) In addition to the records required by paragraph 2 of subdivision a, the licensee must include in each electronic folder for a DARP tow a copy of the documents required to be presented by 6 RCNY § 2-371(x) demonstrating that the person who redeems the vehicle is its owner or the agent of the owner.
(3) The licensee must make an electronic record of the same information that is required to be maintained in a bound record book by 6 RCNY § 2-371(u). The licensee must make the electronic record by one of the following methods:
(i) making an electronic copy of the bound record book at least once each week,
(ii) not later than one business day after the occurrence of the event being recorded, entering the information in English on an electronic form in a format provided by the Department as an Excel spreadsheet and accessible at an Internet address provided by the Department, or
(iii) not later than one business day after the occurrence of the event being recorded, entering the information in English on a spreadsheet, local application or web-based system that (a) has all fields named, ordered and in all respects identical to the fields in the Excel file provided by the Department and (b) is in an Excel-readable format.
(c) Records of Rotation Tow Program (ROTOW) Tows.
(1) For towing service performed under ROTOW, the licensee must maintain an electronic copy of the completed New York City Police Department form PD 571-147, which will constitute the authorization required by paragraph 2 of subdivision a of this section.
(2) In addition to the records required by paragraph 2 of subdivision a, the licensee must include in each electronic folder for a ROTOW tow a copy of the documents required to be presented by 6 RCNY § 2-372(q) demonstrating that the person redeeming the vehicle is its owner or the agent of the owner and a copy of any agreement signed by the owner of the vehicle or other person pursuant to 6 RCNY § 2-372(s) authorizing continued storage of the vehicle.
(3) The licensee must make an electronic record of the same information that is required to be maintained in a bound record book by 6 RCNY § 2-372(o). The licensee must make the electronic record by one of the following methods:
(i) making an electronic copy of the bound record book at least once each week,
(ii) not later than one business day after the occurrence of the event being recorded, entering the information in English on an electronic form in a format provided by the Department as an Excel spreadsheet and accessible at an Internet address provided by the Department, or
(iii) not later than one business day after the occurrence of the event being recorded, entering the information in English on a spreadsheet, local application or web-based system that (a) has all fields named, ordered and in all respects identical to the fields in the Excel file provided by the Department and (b) is in an Excel-readable format.
(d) Records of Arterial Towing Program Tows.
(1) For towing service performed under the Arterial Towing Program, the licensee must maintain an electronic copy of the completed authorization to tow required by the New York City Police Department, which will constitute the authorization required by paragraph 2 of subdivision a of this section.
(2) In addition to the records required by paragraph 2 of subdivision a, the licensee must include in each electronic folder for an Arterial Towing tow a copy of the documents provided to the licensee demonstrating that the person redeeming the vehicle is its owner or the agent of the owner.
(e) Records of Tows to Remove Vehicles Improperly Parked on Private Property.
(1) For tows that remove vehicles improperly parked on private property, the licensee must maintain in each electronic folder an electronic copy of the written authorization required by § 19-169.1(c) of the Administrative Code of the City of New York and 6 RCNY § 2-377(h) from the owner of the property or the owner's agent who has been designated in writing to authorize such towing. This authorization will constitute the authorization required by paragraph 2 of subdivision a of this section.
(2) In addition to the records required by paragraph 2 of subdivision a, the licensee must include in each electronic folder for a tow from private property an electronic copy of the trip record required by § 19-169.1(f) of the Administrative Code and the signed receipt of the person paying removal and storage charges issued pursuant to § 19-169.1(h) of the Administrative Code.
(3) A licensee that performs towing services from private property must make an electronic copy of every contract between the licensee and the owner of private property required by § 19-169.1(c) of the Code. The electronic copy must be labeled with the address of the private property, the name of the owner of the private property and the date of the contract.
(f) Roster of Drivers. On the first Friday of each month, a licensee that performs DARP, ROTOW, Arterial Towing tows or tows to remove vehicles improperly parked on private property must prepare a roster of persons providing towing services for the licensee, including, but not limited to employees and independent contractors, on that date. The roster information must contain the name, address and Department license number of each driver and must be entered in English on either (1) an electronic form in a format provided by the Department as an Excel spreadsheet and accessible at an Internet address provided by the Department or (2) a spreadsheet, local application or web-based system that (i) has all fields named, ordered and in all respects identical to the fields in the Excel file provided by the Department and (ii) is in an Excel-readable format.
(g) Format and Preservation of Records.
(1) For purposes of this rule, an electronic record or copy means a document that has been scanned or converted to a Portable Document Format ("PDF") or Tagged Image File Format ("TIFF") that legibly reproduces the original document in all details, including any markings in the margins of the paper document.
(2) If the original of any document contains an attachment, the document must be scanned once with the attachment and once with the attachment removed.
(3) Each electronic copy of a document concerning a tow must be labeled electronically with (i) the licensee's DCA license number, (ii) the license plate number and state of issuance of the vehicle towed, and (iii) the date of the tow, which must be entered as "YYYYMMDD."
(4) Each electronic copy must be electronically labeled with the date and time that the file was created.
(5) At least once each week, the licensee must save the electronic records required by this section, with all electronic folder information intact, to a CD-ROM, DVD-ROM or other write-once media or device, and immediately make a second copy to a write-once media or device. The second copy must be stored off-site. The licensee must maintain the second copy write-once media or device in a manner designed to ensure its security and preservation, including by keeping it in a location separate from the original image file. Each such write-once media or device must be labeled with the licensee's name, license number, the date range of the records stored on the media or device, and the date it was created.
(h) Tampering Prohibited.
(1) A licensee must not tamper with the electronic records required by this section after a PDF or TIFF image is made by modifying, amending, deleting, rearranging or in any other way altering any such data or properties including but not limited to using a meta data scrubber or similar device or program.
(2) If a typographical error has occurred or if data contained in the licensee's record maintained under paragraph 3 of subdivision b or paragraph 3 of subdivision c of this section were accidentally omitted from the electronic data entry, the original record must not be deleted. A new record must be created and be marked "Amended," and the corrected data must be identified by entering it in italics.
(i) Implementation Affirmation. Within sixty (60) days of the effective date of this section, a licensee must submit an affirmation to the Department that it is maintaining electronic records in compliance with this section. After the effective date of this section, no license will be issued until the towing company files with the Department an affirmation that it will comply with this section and no license will be renewed unless the licensee submits an affirmation that it is complying with this section.