La. Admin. Code tit. 55 § I-1913

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-1913 - Tow Truck License Plate

A. Application

1. Applications shall be made to the Department of Public Safety and Corrections, in writing, upon forms prescribed and furnished by the department. Applications shall be complete, accurate and contain all required information. A non-refundable or transferable fee of $150, in addition to other required fees, must be submitted with each Louisiana tow truck license plate application. Fees shall be tendered to the Office of Motor Vehicles, P.O. Box 64886, Baton Rouge, LA 70896.

a. Car carrier companies which transport less than five motor vehicles and do not store or hold motor vehicles shall be licensed as tow trucks upon application and submission of an affidavit to the Department of Public Safety and Corrections stating that the company does not store or hold motor vehicles and does not carry garage keeper's legal liability or garage liability insurance. These companies shall receive a "car carrier" endorsement on their required motor vehicle registration. This does not exclude the car carrier company from any other regulations as set by the Louisiana Towing and Storage Act.

2. An application for a Louisiana tow truck license plate shall be made in the form of an affidavit containing the vehicle description and at least the following:

a. the name or names of owners or persons holding interest;

b. the trade or business name of the tow truck operator;

c. legal business entities such as corporations, limited liability companies, partnerships, limited liability partnerships, or other such legally recognized entities, whether registered with the office of the Secretary of State or not, should use their legally registered trade name as their business name. Such legally acknowledged entities shall include in the application:

i. the names of corporate officers;

ii. the name and address of the corporation's registered agent for service of process; and

iii. the names of shareholders;

d. a statement made, sworn and subscribed under oath. An example:

"Under penalty of perjury, I hereby swear and affirm the information submitted in this application is true and correct to the best of my knowledge and I, as the individual with authority to execute on behalf of the company for which this application is made, hereby agree to abide by the laws and regulations governing towing and storage operations and the tow truck license plate for which this application is made;"

e. application date;

f. notarized signature of the applicant or appropriate corporate officer; and

g. proof of all required insurances overages, amounts, VINs and effective dates.

3. Trade Name; Tow Truck Markings

a. A tow truck owner or operator, prior to application for a tow truck license plate, shall use a trade name approved by the department, except in cases where a tow company is registered with the Secretary of the State.

b. Tow truck owners and tow truck operators shall list, by trade name as defined in this Section of this Chapter, the telephone number and address to their respective business. This listing will be in the official publication of the telephone company that services the area. Any towing service whose business is listed in directory services shall fulfill the intent of this Section.

c. Tow truck operators or owners shall permanently affix and prominently display on both sides of tow trucks the legal trade name of their business, telephone number and city of the vehicle's domicile in lettering at least 2 1/2 inches in height and not less than 1/4 inch in width. Truck and trailer combinations used to transport vehicles may choose to mark either the truck or trailer.

d. The same legal trade name of the business used to mark the tow trucks shall be listed on the tow truck affidavit, registration, insurance certificates, towing and storage invoice and storage inspection license.

B. Issuance, Responsibilities of License Holder

1. Issuance

a. A tow truck license plate will be issued upon affirmation by an applicant that:

i. the application is made and filed in good faith;

ii. the information submitted is complete and accurate;

iii. the applicant's towing equipment meets the requirements set forth in the Towing and Storage Act and these rules.

b. A tow truck owner or operator shall not conduct towing or storage related business until issuance of all required licenses.

c. The holder of a tow truck license plate shall adhere to the requirements of the Towing and Storage Act, rules contained in this Chapter and the laws of this state.

2. Responsibilities

a. Tow truck owners or tow truck operators shall ensure tow trucks owned or controlled by them:

i. display a valid Louisiana Motor Vehicle Inspection Certificate;

ii. display a valid Louisiana towing and recovery license plate or a Louisiana apportioned license plate with proof of the towing and recovery endorsement;

iii. possess either a copy or the original valid registration receipt in the tow truck; and

iv. possess proof of all required insurance coverages and amounts at all times in the tow truck.

b. The holder of a tow truck license plate must notify the department in writing and within 10 days of any change in the original tow truck license plate application.

c. Tow truck license plate(s) are nontransferable, and can be issued to an individual, sole-proprietorship, corporation, or other legally recognized entities.

d. The holder of a tow truck license plate shall immediately surrender the tow plate to the department when there is a change of ownership.

e. A tow truck license plate shall remain affixed and prominently displayed on the tow truck for which it is assigned.

3. Denial of Applications

a. An application for a tow truck license plate shall be denied if:

i. a tow truck owner or operator is disqualified under the Act;

ii. a tow truck has a GVWR or GCVWR of 10,000 pounds or less and it shall not be used for towing vehicles for compensation; unless the year of manufacture is prior to 2007, in which case, a GVWR of 10,000 pounds shall not be cause for denial; or

iii. an application contains false or inaccurate information.

4. Renewal of Tow Truck License Plates

a. Tow truck license plate(s) shall be renewed annually in accordance with the schedule set forth by the Office of Motor Vehicles.

b. Tow truck license plates expire each year on the thirtieth day of June:

i. an administrative penalty shall be assessed for an expired tow truck license plate.

C. Suspension of the Tow Truck License Plate

1. A tow truck license plate may be suspended for failure to:

a. comply with lawful orders of the department, its officers or any court of this state;

b. pay fees or fines owed the Department of Public Safety; or

c. a violation of law, rule or regulation as provided in this Chapter.

d. the applicant or employee that operates a tow truck is found to have been convicted of a felony relating to auto theft, vehicle insurance fraud, burglary of a vehicle and/or possession of a stolen vehicle(s) or stolen vehicle parts or employs someone convicted of one of the above stated offenses.

D. Revocation of a Tow Truck License

1. A tow truck license plate may be revoked for:

a. violation of "Prohibited Business Practices" as found in §1911. C of this Chapter;

b. operation of a tow truck while under the influence of abused or controlled dangerous substance or alcohol;

c. operation of a tow truck during the commission of a crime;

d. obtaining a tow truck license plate under false pretenses; or the applicant or employee that operates a tow truck is found to have been convicted of a felony relating to auto theft, vehicle insurance fraud, burglary of a vehicle and/or possession of stolen vehicle(s) or stolen vehicle parts or employs someone convicted of one of the above stated offenses;

e. removal of a vehicle from private property in violation of R.S. 32:1736;

f. monitoring police radio traffic for profiteering purposes;

g. habitual violation of law, rule, or regulation; or

h. disqualification under R.S. 32:1711 et seq.

La. Admin. Code tit. 55, § I-1913

Promulgated by the Department of Public Safety and Corrections, Office of the State Police, LR 32:856 (May 2006), amended LR 36:1270 (June 2010), LR 36:2579 (November 2010), LR 40:798 (April 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1714.