§1717.  Qualifications of licensee; proof of financial responsibility in lieu of insurance

A.  A tow truck license plate shall not be issued to a tow truck owner unless:

(1)  The applicant and employees who operate tow trucks have never been convicted of a felony relating to vehicle thefts.

(2)  The applicant and all drivers who operate the tow truck possess the proper driver's license as required.

(3)  The vehicle is properly equipped as required by this Title and any rules promulgated by the Department of Public Safety and Corrections.

(4)  The applicant and employees that operate tow trucks are not required to be registered as a sex offender or child predator as required in R.S. 15:542.

B.  Proof of financial responsibility satisfactory to the office of motor vehicles or certificates of insurance issued by an insurer licensed to do business in the state of Louisiana or a federally authorized insurance group licensed in their state of domicile and attesting to carriage with coverage in the amounts hereinbelow listed shall be submitted with the application:

(1)  Automobile liability coverage in an amount of not less than three hundred thousand dollars combined single limits coverage.

(2)  Garage keeper's legal liability insurance in an amount of not less than fifty thousand dollars which shall include on-hook coverage in an amount of not less than twenty-five thousand dollars.

(3)  Garage liability insurance in an amount of not less than fifty thousand dollars.

(4)  Self-insurance as contemplated under the provisions of R.S. 32:1042, when property owned in Louisiana in the tow truck owner's name has a value of three hundred thousand dollars or more after deducting encumbrances thereon from its assessed valuation.

C.  All certificates shall contain the initial and the expiration dates of carriage and coverage and the serial number of the vehicle that the license is being applied for and the following statement:

"The insurance covered by this certificate shall not be cancelled or materially altered except after twenty days prior written notice of such cancellation or alteration has been sent to the Department of Public Safety and Corrections, office of state police, by certified letter, return receipt requested."

D.  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.

Acts 1989, No. 522, §1; Acts 1990, No. 956, §1; Acts 1997, No. 402, §1; Acts 2012, No. 806, §1; Acts 2012, No. 828, §1.