§ 2-378 Maintenance of Records in Electronic Format.
RCNY § 2-378
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.
(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.
(d)Records of Arterial Towing Program Tows.
(e)Records of Tows to Remove Vehicles Improperly Parked on Private Property.
(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.
(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.
(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.
