2006 New York Code - Applicability Of Subchapter.

 
    §  20-524  Applicability  of  subchapter. a. 1. The commissioner shall
  grant an exemption from the provisions of this  subchapter,  other  than
  section  20-520  of  this  subchapter,  to the following persons for the
  operation of one or more tow trucks that are owned or operated  by  such
  person and are used exclusively in the business of such person:
    (a)  a  vehicle  dismantler,  salvage  pool,  mobile  car  crusher, or
  itinerant vehicle collector registered pursuant to section four  hundred
  fifteen-a  of  the  vehicle  and traffic law, a scrap processor licensed
  under article six-C of the general business law  and  certified  by  the
  commissioner  of  motor  vehicles  of  the  state of New York as a scrap
  processor, and a scrap collector certified by the commissioner of  motor
  vehicles of the state of New York as a scrap collector who complies with
  all licensing or permitting requirements applicable to such business;
    (b) a franchised public transportation operator;
    (c)  a common carrier of passengers by motor vehicle, a common carrier
  of property by motor vehicle, a contract carrier of passengers by  motor
  vehicle,  and  a  contract  carrier of property by motor vehicle as such
  terms  are  defined  in  subdivisions  seven,  eight,  nine   and   ten,
  respectively,  of section two of the transportation law when such common
  carriers possess such appropriate operating authority as is required  by
  applicable law;
    (d)  a  public utility company or a public utility corporation as such
  terms  are  defined  in  subdivisions  twenty-three   and   twenty-four,
  respectively, of section two of the public service law;
    (e)  an  owner of a vehicle licensed pursuant to chapter five of title
  nineteen of the code;
    (f) an operator of a school bus as such term is defined in section one
  hundred forty-two of the vehicle and traffic law; and
    (g) a motor-vehicle rental agency.
    2. An application for such exemption shall be made to the commissioner
  in the form and manner prescribed  by  rule  of  the  commissioner.  The
  commissioner  may  impose  a  reasonable  application  fee  to cover the
  administrative  costs  of  granting  an  exemption.  A  certificate   of
  exemption  shall be issued for each tow truck utilized by such person as
  described above and shall be displayed in the manner prescribed by  rule
  of  the commissioner. No certificate issued pursuant to this subdivision
  shall be assignable or transferable or used for any tow truck other than
  the tow truck for which it was issued.
    b. The licensing requirements of subdivision b of  section  20-496  of
  this  subchapter  shall not be applicable to an individual employed by a
  person who has been granted  a  certificate  of  exemption  pursuant  to
  subdivision  a  of  this  section  when  such  individual  is driving or
  otherwise operating a tow truck, or assisting in any activity for  which
  a  license  is  required  under  this  subchapter,  and a certificate of
  exemption has been issued for the tow truck utilized by such individual.
    c. This subchapter shall not be applicable to a governmental agency or
  to any person who performs towing and storage  services  exclusively  on
  the  premises of any facility operated by the port authority of New York
  and New Jersey, or to an individual employed by either such entity  when
  driving  or otherwise operating a tow truck or assisting in any activity
  for which a license is required under this subchapter in the  course  of
  his or her employment.
    d. The commissioner may by rule exempt from the provisions of sections
  20-509  and  20-514  the  towing of certain classes of vehicles based on
  their dimension, weight, or dimension and weight.
    e. Notwithstanding the provisions of subdivision c  of  this  section,
  the  provisions of section 20-528 of this subchapter shall be applicable
  to all city marshals and city agencies.