2006 New York Code - License Required.



 
    §  20-496 License required. a. Except as otherwise provided in section
  20-524 of this subchapter, no person  shall  engage  in  towing  without
  having first obtained a license for such towing business issued pursuant
  to  section 20-498 of this subchapter. Such license shall be referred to
  as a license to engage in towing.  No  person  shall  engage  in  towing
  without  having  obtained  a  license  plate  for  each tow truck issued
  pursuant to section 20-503 of this subchapter.
    b. Except as otherwise provided in section 20-524 of this  subchapter,
  no  person shall drive or otherwise operate a tow truck or assist in any
  activity for which a license is required under  this  subchapter  unless
  such  person  shall  have  first obtained a tow truck operator's license
  issued pursuant to section 20-498 of this subchapter.
    c. No person who is required to obtain a license under  subdivision  a
  of this section shall permit or authorize the driving or other operation
  of  a  tow  truck  by a person who does not possess a current, valid tow
  truck operator's license or whose tow truck operator's license has  been
  suspended   or  revoked  where  such  license  is  required  under  this
  subchapter. In any prosecution for violation  of  this  subdivision,  it
  shall  not  be  necessary  to prove that such person knew or should have
  known that the operator was unlicensed, and there shall be a  rebuttable
  presumption  that  such  tow truck was driven or otherwise operated with
  the permission or authorization of such person. In any such prosecution,
  it shall be an affirmative defense that prior to being  cited  for  such
  violation,  such  person  registered  such  tow  truck operator with the
  department in accordance with the procedures prescribed by rule  of  the
  commissioner and the department did not send notification to such person
  that  such  tow  truck  operator  lacked  a  current,  valid  tow  truck
  operator's license or that such operator's license had been suspended or
  revoked.

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