Section 16-402. LICENSES REQUIRED FOR TOWING BUSINESSES AND TOWING SERVICE STORAGE LOTS

 

402.1No person or entity may own or operate a towing business without having first obtained a Basic Business License and a Basic Business License Endorsement for a Towing Business as required by DC Official Code 47-2851.01 et seq. (2001).

 

402.2No person or entity may own or operate a towing service storage lot without having first obtained a Basic Business License and a Basic Business License Endorsement for a Towing Service Storage Lot as required by DC Official Code 47-2851.01 et seq. (2001).

 

402.3Each person or entity making application for a Basic Business License Endorsement for a Towing Business shall submit relevant information requested by the Director, in a form and manner specified by the Director, which information shall include the following:

 

(a)The trade name, primary location of business, and primary phone number of the towing business;

 

(b)A list of all other locations from which the towing business will operate, and the phone numbers for such locations;

 

(c)The name, address, and telephone number of each person or entity with an ownership interest in the towing business or towing service storage lot;

 

(d)The primary storage location, year, make, model, Vehicle Identification Number (VIN), and license plate number of each tow truck that will be used by the towing business;

 

(e)A list which includes the name, address, date of birth, driver’s license number, and Social Security number of all tow truck operators, employees, agents, and contractors who will be involved in the towing business;

 

(f)The location and description of the towing service storage lot to be used for the storage of towed vehicles, together with a copy of a deed, lease, contract, or other proof of the right to use the space as a vehicle storage lot, a copy of the Site plan or DC Surveyor’s Plat, and a copy of a valid Certificate of Occupancy permit for that use and location;

 

(g)Proof of current insurance coverage in the form of an all-risk or public liability insurance policy of at least $ 750,000.00 that remains in effect or is renewable for the duration of the license period. A new certificate of insurance shall be provided whenever the coverage is changed, amended, renewed, canceled, or re-written;

 

(h)A surety bond in the minimum amount of $ 25,000.00;

 

(i)Two copies of the billing form that the towing business proposes to use, which reflects current rates for private tows and storage services, trade name(s), business address(es) and business phone number(s).

 

(j)A completed Basic Business License application;

 

 

(k)A Certificate of Occupancy for the location of the business, if the business is not located on the same premises as the towing service storage lot;

 

(l)A Clean Hands Before Receiving License or Permit Act of 1996 certification form as required by DC Official Code 47-2861 et seq. (2001); and

 

(m)Certification that the business is registered with the Office of Tax and Revenue.

 

402.4Each person or entity making application for a Basic Business License Endorsement for a Towing Service Storage Lot shall submit relevant information requested by the Director, in a form and manner specified by the Director, which information shall include the following:

 

(a)The trade name, primary location of business, and primary phone number of the towing service storage lot;

 

(b)A list of all other locations from which the towing service storage lot owner/operator will operate, and the phone numbers for such locations;

(c)Any discontinuance of the availability of the towing service storage lot to the licensee during the license period shall be reported in writing to the Director at least ten (10) days prior to the expiration of the availability.

 

(d)The towing business’s license shall be suspended during any period of unavailability of the towing service storage lot; and

 

(e)Proof of a current Garage Keeper’s Legal Liability Insurance Policy of at least $ 50,000.00 which remains in effect or is renewable for the duration of the license period. A new certificate of insurance shall be provided whenever the coverage is changed, amended, renewed, canceled, or re-written.

 

402.5The Basic Business License, the Basic Business License Endorsement for a Towing Business, and the Basic Business License Endorsement for a Towing Service Storage Lot shall be valid for two (2) years from the date of issue, unless earlier revoked or voluntarily relinquished, as provided by DC Official Code 47-2851.09 (2001).

 

402.6Any changes (additions or deletions) to information provided in an application for a license or endorsement shall be provided to DCRA within fourteen (14) days of the date of the change in a manner specified by the Director.

 

402.7All persons with financial interests in towing businesses or towing service storage lots shall be identified on the applications for licenses and endorsements under these regulations, and shall be subject to all provisions of this chapter and the Business and Professional Licensing Administration of the DCRA.

 

402.8No person may operate a tow truck, or own or operate a towing business or towing service storage lot, who has been convicted within the preceding five (5) years of a misdemeanor or felony, the elements of which involve motor vehicle theft or fraud, including but not limited to; tampering with auto, attempted unauthorized use of a vehicle and taking property without right.

 

402.9Before approving any application for a license or endorsement to own or operate a towing business or towing service storage lot, the Director is authorized to conduct any investigation which the Director deems necessary to determine the applicant’s qualification to own or operate a towing business or towing service storage lot without detriment to the public. The Director’s investigation may include, but shall not be limited to, inquiries into driving and criminal records.

 

source

Final Rulemaking published at 52 DCR 522 (January 21, 2005).