D.C. Mun. Regs. tit. 16, § 3304
3304.1 Violation of any of the following provisions shall be a Class 1 infraction:
(o) 16 DCMR § 410.1 (operating or offering to engage in the towing business without valid licensure; or, operating a towing storage lot without valid licensure);
(p) 16 DCMR § 410.6 (charging more than one towing fee for towing to a repair facility owned or operated by person or entity conducting tow);
(q) 16 DCMR § 410.9 (soliciting or providing unauthorized towing service at the scene of an accident);
(r) 16 DCMR § 410.11 (failure to provide an itemized receipt for charges related to towing or storing of a vehicle);
(s) 16 DCMR § 410.14 (failure to surrender suspended, revoked or canceled license or endorsement);
(t) 16 DCMR § 410.16 (permitting the unlawful use of a towing license or endorsement; or, the unlawful use of a towing license or endorsement);
(u) 16 DCMR § 411.3 (failure to appear when summoned by the Director);
(v) 16 DCMR § 411.8 (performing towing services, including operating a towing service storage lot, without a license or endorsement; or, performing towing services, including operating a towing service storage lot, with a license that has been revoked, cancelled or suspended); or
(w) 16 DCMR § 411.9 (failure to remove accident debris from roadway before towing a vehicle involved in a collision).
3304.2 Violation of any of the following provisions shall be a Class 2 infraction:
(a) 16 DCMR § 402.4(c) (failure to report discontinuance of availability of towing service storage lot to Director at least ten (10) days prior to discontinuance of availability);
(b) 16 DCMR § 402.6 (failure to update information provided in an application for a license or endorsement to DCRA within fourteen (14) days of change);
(c) 16 DCMR § 402.7 (failure to identify person with financial interest in towing business or towing service storage lot);
(d) 16 DCMR § 402.8 (owning or operating a towing business or truck, or towing service storage lot within five (5) years of specified auto related misdemeanor or felony);
(e) 16 DCMR § 403.1 (operating or using a tow truck without an authorized unique identifier);
(f) 16 DCMR § 403.4 (failure to display license in manner specified by the Director);
(g) 16 DCMR § 404.1 (failure to maintain at least one fully equipped and licensed tow truck);
(h) 16 DCMR § 404.2 (failure to mark cab of tow truck with trade name,
primary location and primary telephone number, as specified);(i) 16 DCMR § 404.3 (failure to mark cab of tow truck with private towing and storage fees, as specified);(j) 16 DCMR § 404.4 (failure to mark cab of tow truck with alphanumeric identifier, as specified);(k) 16 DCMR § 404.5 (failure to equip tow truck with operable communication system, as specified; or, failure to produce a current permit and license, as required, to operate the communications system);(l) 16 DCMR § 404.11 (improper use of equipment while towing; or, towing without manufacturer's minimally specified equipment for a particular vehicle);(m) 16 DCMR § 406.4 (failure to provide information to Department of Public Works (DPW) before initiating a tow from private real property);(n) 16 DCMR § 408.3 (failure to submit documentary evidence to Director within seventy-two (72) hours after collecting extra charges under extraordinary circumstances; or, failure to provide a refund of disapproved charges within seventy-two (72) hours of receipt of notice of disapproval);(o) 16 DCMR 408.4 (towing storage lot failure to remain open as required for the reclaiming of vehicles);(p) 16 DCMR § 408.5 (charging for towing service, in response to a dispatch, after authorized official determines that service is not required; or, failure to notify DPW that a public tow has been discontinued);(q) 16 DCMR § 408.6 (failure to discontinue tow and release vehicle upon request by owner/operator and after payment of lawful rate (and concurrence of requesting official, if present; or, failure to notify DPW that a tow has been discontinued));(r) 16 DCMR § 408.8 (failure to accept lawful payment for towing services rendered);(s) 16 DCMR § 408.10 (performing repair work on a public tow vehicle without written consent of the owner or owner's agent);(t) 16 DCMR § 409.4 (failure to exhibit statements or receipts upon request; or, failure to retain statements and receipts for three (3) years from date of issuance);(u) 16 DCMR § 409.6 (assessing charges for providing unnecessary services; or, assessing charges for the use of unnecessary equipment);(v) 16 DCMR § 409.7 (failure to release vehicle after tender of lawful payment by owner or owner's agent);(w) 16 DCMR § 410.3 (unauthorized removal of vehicle involved in accident);(x) 16 DCMR § 410.8 (installing or maintaining a receiver capable of tuning
to MPD radio frequencies);
(y) 16 DCMR § 410.10 (depositing a vehicle that is inoperable or in disrepair upon public space, without direction from an authorized official; or, depositing a vehicle that is inoperable or in disrepair upon private property without permission of the owner of the property);
(z) 16 DCMR § 410.18 (towing vehicles in the District of Columbia without current insurance coverage, as required); or
(aa) 16 DCMR § 411.11 (failure to provide documentary proof of current insurance coverage, upon the request of any District government official).
3304.3 Violation of any of the following provisions shall be a Class 3 infraction:
(a) 16 DCMR § 400.8 (failure to provide insurance information, upon request by the owner or operator of a towed vehicle, as requested);
(b) 16 DCMR § 405.3 (failure to contact DPW with required information prior to releasing a public tow vehicle);
(c) 16 DCMR § 405.7 (failure to provide "Owner's Bill of Rights for Towed Vehicles" to vehicle owner or operator on the scene before a tow; or, failure to post "Owner's Bill of Rights for Towed Vehicles" at towing service storage lot);
(d) 16 DCMR § 406.3 (failure to display towing control number as prescribed by DPW; or, failure to use towing control number on documents related to the tow);
(e) 16 DCMR § 406.5 (failure to obtain towing control number after emergency; or, failure to provide information as required after an emergency);
(f) 16 DCMR § 406.8 (failure to assume responsibility for loss or damaged sustained as a result of a public tow; or, failure to provide appropriately trained personnel to tow vehicles);
(g) 16 DCMR § 407.2 (initiating the private tow of a vehicle without obtaining written consent, as specified);
(h) 16 DCMR § 408.7 (failure to release vehicle to authorized person when presented with proof of personal identification and lawful payment);
(i) 16 DCMR § 408.9 (failure to provide Owner's Bill of Rights for Towed Vehicles upon release of vehicle; or, failure to provide legal authority for towing of vehicle, including towing control number; or, failure to provide itemized charges; or, failure to provide a receipt);
(j) 16 DCMR § 409.1 (for private tow: failure to furnish an itemized estimate of charges; or, failure to furnish an itemized estimate of charges on approved form; or, failure to obtain signature of owner or operator before initiating tow);
(k) 16 DCMR § 409.3 (failure to document actual amount paid; or, failure to
sign receipt);
(l) 16 DCMR § 410.4 (soliciting or requiring repair work as a condition for towing of vehicle);
(m) 16 DCMR § 410.5 (removing a vehicle from the scene of an accident or event and depositing it upon public space, without direction from a police officer);
(n) 16 DCMR § 410.7 (towing to a repair facility without prior written consent); or
(o) 16 DCMR § 410.17 (failure to perform tow in accordance with vehicle manufacturer's instructions; or, failure to perform a tow in accordance with the tow crane manufacturer's instructions).
3304.4 Violation of any of the following provisions shall be a Class 4 infraction:
(a) 16 DCMR § 405.2(b), (c), (d) (failure to maintain a log; or, failure to properly record entries in log; or, failure to retain log for inspection three (3) years after last entry);
(b) 16 DCMR § 408.11 (using an improper form to obtain consent for repair work on a public tow vehicle);
(c) 16 DCMR § 409.2 (failure to provide complete information in itemized estimate of charges);
(d) 16 DCMR § 410.2 (misrepresentation); or
(e) 16 DCMR § 411.10 (failure to report the presence of alleged hazardous materials, as required).
3304.5 Violation of any of the following provisions shall be a Class 5 infraction:
(a) 16 DCMR § 404.6 (failure to maintain tie-down devices, chains, or straps, as specified);
(b) 16 DCMR § 404.7 (engaging in recovery towing without proper equipment, as specified);
(c) 16 DCMR § 404.8 (operating a crane tow truck without proper equipment, as specified);
(d) 16 DCMR § 404.9 (operating wheel lift tow truck without proper equipment, as specified);
(e) 16 DCMR § 404.10(a-h) (failure to maintain equipment in good working order);
(f) 16 DCMR § 405.4 (failure to clearly designate or identify towing business assigned to each apportioned section);
(g) 16 DCMR § 405.5 (failure to clearly designate storage spaces; or, failure to clearly identify towing business assigned to each space in an apportioned section); or
(h) 16 DCMR § 410.13 (failure to allow inspection of vehicle before receiving payment of fees; or, failure to allow inspection before release of vehicle).
SOURCE: Final Rulemaking published at 52 DCR 4908 (May 27, 2005).