Section 16-411. PENALTIES AND ENFORCEMENT

 

411.1DCRA shall be responsible for the enforcement of regulations regarding towing businesses and towing service storage lots. Authorized officials of other government agencies may conduct inspections and issue citations for violations or refer them to DCRA for fines, suspension, or revocation of a license or endorsement.

 

411.2Any person who believes that a violation of these regulations, or the laws of the District of Columbia on which they are based, has occurred, may file a complaint with the Director, who shall investigate the complaint and take appropriate action.

 

411.3The Director may summon the owner of a towing business, a tow truck operator, or the owner of a towing service storage lot to appear before an administrative tribunal to respond to alleged violations of the provisions of this chapter.

 

411.4A license or endorsement issued under these regulations may be suspended or revoked by the Director for any of the following reasons:

(a)The application for the license or endorsement contained a false statement of a material fact, or failed to reveal a material fact which, if disclosed at the time the application for the license was filed, would have constituted just cause for denial of the application;

 

(b)Failure of the licensee to comply with the provisions of this chapter;

 

(c)Any charges for towing service or storage for public tows made in excess of the charges set forth by the Director;

 

(d)Failure of the licensee to comply with the provisions of the General License Law, D.C. Official Code § 47-2851.01 (2001), et seq.;

 

(e)Engaging in, or holding oneself out as engaging in, towing services or the operation of a towing service storage lot without having current and valid licenses or endorsements, or without having the equipment, insurance, and available storage facilities required by this chapter;

 

(f)Violation of the traffic laws or regulations of the District of Columbia;

 

(g)Failure to maintain qualifications and insurance required by this chapter;

 

(h)Failure to compensate vehicle owners for damage to their vehicles caused by, or due to the negligence of, the operators of a tow truck or towing service storage lot, and failure to reasonably secure and protect a towed vehicle and property therein; or

 

(i)Failure to pay fees, taxes, fines or other monetary obligations to the Government of the District of Columbia or the Government of the United States.

 

411.5Any entity whose towing business or towing service storage lot license and endorsement has been revoked shall not be eligible to make application for a new towing business or towing service storage lot license and endorsement for a period of one (1) year from the date of revocation.

 

411.6Any person or entity adversely affected by the denial, revocation, or suspension of a tow truck license, towing business or towing service storage lot license and endorsement, or who has been fined or otherwise disciplined in accordance with the provisions of this chapter, may file an appeal in writing with the Board of Appeals and Review of the District of Columbia or its successor.

 

411.7In addition to any other penalty prescribed by law, any violation of this chapter shall be grounds for revocation or suspension of the license issued under this chapter, either before or after conviction.

 

411.8A towing business or tow truck operator who performs towing services, and any person or entity who operates a towing service storage lot, without a license or endorsement, or with a license that has been revoked or is currently suspended, may be subject to arrest, fine and imprisonment.

 

411.9Tow truck operators shall be responsible for removing all accident debris from the roadway before towing any vehicle involved in a collision. Failure to do so shall be grounds for disciplinary action, including suspension or revocation of the tow truck license, and suspension or revocation of the towing business's license.

 

411.10The tow truck operator shall report the presence and the location of debris believed to contain hazardous materials to the DPW Towing Control Center by telephone. Failure to do so shall be grounds for disciplinary action, including fines, suspension or revocation of the tow truck license, and suspension or revocation of the towing business’ license.

 

411.11Upon the request of any District government official, a towing business or a tow truck operator shall provide documentary proof of current insurance coverage in the form of an all-risk or public liability insurance policy of at least $ 750,000.00. Failure to do so shall be grounds for disciplinary action, including fines, suspension or revocation of the tow truck license, and suspension or revocation of the towing business’s license.

 

411.12Failure to provide a refund as described in 410.19 shall be grounds for disciplinary action, including fines, suspension or revocation of the tow truck license, and suspension or revocation of the towing business’ license.

 

411.13If the person or entity licensed under 402.3 is unable to use the towing storage lot identified in 402.3(f) for any reason during the license period, then:

 

(a)The licensee shall report this fact in writing to the Director at least ten (10) calendar days prior to the day when the towing service storage lot will become unavailable;

 

(b)The Basic Business License Endorsement for a Towing Business shall be automatically suspended by operation of law during the period that the towing service storage lot is unavailable for use by the licensee; and

 

(c)The Basic Business License Endorsement for a Towing Business may be reactivated without charge for the remainder of the license period when written evidence of the availability of a substitute towing service storage lot is supplied to the Director by the licensee and verified by the Director, or his designee.

 

411.14Instead of any criminal sanctions authorized by law, civil fines and penalties may be imposed as alternative sanctions for any infraction of these regulations.

 

411.15Adjudication of any civil infraction shall be pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, (DC Official Code 2-1801.01 et seq. (2001)).

 

source

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