§ 2-361 Definitions.
RCNY § 2-361
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.
