§ 2-376 Application for License Exemption Certificates.
RCNY § 2-376
(a)Every applicant who claims an exemption from the licensing requirements of § 20-496, Subchapter 31, Chapter 2, Title 20 of the Administrative Code shall file an application for such exemption with the department, and shall submit proof satisfactory to the department in accordance with this section that the applicant is exempt pursuant to § 20-524 of such subchapter.
(b)Every applicant who claims an exemption pursuant to § 20-524 shall submit proof of such exemption, which shall consist of one or more of the following: (1) An original New York State Department of Motor Vehicle registration authorizing such applicant to operate as a vehicle dismantler, salvage pool, mobile car crusher, or itinerant vehicle collector pursuant to § 415-a of the vehicle and traffic law, and a copy of the New York State Department of Motor Vehicle registration issued to such vehicle dismantler, salvage pool, mobile car crusher, or itinerant vehicle collector for each tow truck owned or operated by such vehicle dismantler, salvage pool, mobile car crusher, or itinerant vehicle collector; (2) An original license under article six-C of the general business law certified by the New York State Department of Motor Vehicles authorizing such applicant to operate as a scrap processor, or an original certification by the Department of Motor Vehicles authorizing such applicant to operate as a scrap collector who complies with all the licensing or permitting requirements applicable to such business, and a copy of the New York State Department of Motor Vehicles, registration issued to such scrap processor or scrap collector for each tow truck owned or operated by such scrap processor or scrap collector; (3) An original franchise agreement to operate as a franchised public transportation operator, and a copy of the New York State Department of Motor Vehicle registration issued to such operator for each tow truck owned or operated by such operator; (4) Proof of the appropriate operating authority required by applicable law for a common carrier of passengers by motor vehicle, a common carrier of property by motor vehicle, a contract carrier of passengers by motor vehicle, or a contract carrier of property by motor vehicle, and a copy of the New York State Department of Motor Vehicle registration issued to such common carrier for each tow truck owned or operated by such common carrier; (5) Proof satisfactory to the Commissioner that such applicant is an approved public utility company or public utility corporation as such terms are defined in subdivisions 23 and 24, respectively, of § 2 of the Public Service Law, and a copy of the New York State Department of Motor Vehicle registration issued to such company or corporation for each tow truck owner or operated by such company or corporation; (6) An original New York City Taxi and Limousine Commission license to operate a vehicle licensed pursuant to Chapter 5, Title 19 of the Administrative Code, and a copy of the New York State Department of Motor Vehicle registration issued to such licensee for each tow truck owned and operated by such licensee; (7) Proof satisfactory to the Commissioner that such applicant is an operator of one or more school buses as such term is defined in § 142 of the vehicle and traffic law, and a copy of the New York State Department of Motor Vehicle registration issued to such operator for each tow truck owned and operated by such applicant; or (8) A certificate of insurance issued to an applicant which is a motor vehicle rental agency, a copy of a sample rental agreement used by such rental agency and a copy of the New York State Department of Motor Vehicle registration issued to such rental agency for each tow truck owned or operated by such rental agency.
(c)Each applicant shall present the current registration card and insurance card for each tow truck for which an exemption is sought. 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 an exemption is sought. Such proof shall consist of a validated New York City Department of Finance Motor Vehicle Tax Receipt issued pursuant to such chapter.
(d)Each tow truck for which an exemption is sought must be registered under the same name as the applicant applying for the exemption.
(e)An exemption certificate is not transferable. An exemption certificate shall be deemed void upon (1) any change of corporate or partnership ownership of the applicant of the type described in §§ 20-110 or 20-111 of the Administrative Code unless prior written approval of the commissioner has been obtained, or (2) any change in the ownership of a tow truck for which an exemption certificate has been issued.
(f)Any applicant who is issued one or more exemption certificates may not also own or operate any tow truck licensed by the department for use in the same business for which one or more exemption certificates were obtained.
(g)The biennial fee for each exempt tow truck shall be twenty-five dollars ($25). All exemption certificates issued pursuant to this section shall expire on December 31st in odd numbered years, unless such exemption is removed or revoked.
(h)Upon payment of the fee prescribed in subdivision g of this section and completion of the processing of the exemption application by the department, the commissioner will issue an exemption certificate to the applicant for each tow truck which is exempt under this section. Such certificate shall be affixed to the passenger side front windshield of each exempt tow truck, and may be affixed only by department personnel.
(i)After due notice and an opportunity for a hearing, any person who holds an exemption certificate issued pursuant to § 20-524 of Subchapter 31 of Chapter 2 of Title 20 of the New York City Administrative Code who is found not to be in compliance with one or more of the conditions for granting such exemption as set forth in § 20-524(a)91) of such code shall have all exemption certificates issued to such person revoked.
