New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Tow Truck Industry Amendment Bill 2008 No , 2008 A Bill for An Act to amend the Tow Truck Industry Act 1998 to make further provision in relation to tow truck operators licences, drivers certificates and the regulation of the tow truck industry.
Clause 1 Tow Truck Industry Amendment Bill 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Tow Truck Industry Amendment Act 2008. 3 2 Commencement 4 This Act commences on a day or days to be appointed by proclamation. 5 3 Amendment of Tow Truck Industry Act 1998 No 111 6 The Tow Truck Industry Act 1998 is amended as set out in Schedule 1. 7 4 Repeal of Act 8 (1) This Act is repealed on the day following the day on which all of the 9 provisions of this Act have commenced. 10 (2) The repeal of this Act does not, because of the operation of section 30 11 of the Interpretation Act 1987, affect any amendment made by this Act. 12 Page 2
Tow Truck Industry Amendment Bill 2008 Amendments Schedule 1 Schedule 1 Amendments 1 (Section 3) 2 [1] Section 6A 3 Insert after section 6: 4 6A Act does not apply to towing, salvage or storage of certain motor 5 vehicles 6 This Act does not apply to the towing, salvage or storage of: 7 (a) a forklift truck, or 8 (b) a golf buggy, or 9 (c) a ride-on mower, or 10 (d) an excavator, or 11 (e) a cherry picker, or 12 (f) any other motor vehicle or class of motor vehicle 13 prescribed by the regulations for the purposes of this 14 section. 15 [2] Section 17 Application for licence 16 Insert after section 17 (2) (a): 17 (a1) specify the term of licence sought by the applicant, and 18 [3] Section 17 (2) (c) 19 Omit "any". Insert instead "each". 20 [4] Section 18 Restrictions on granting licence 21 Insert after section 18 (3) (c): 22 (c1) that the applicant has not specified a place that is to be used 23 as a holding yard in the course of the applicant's business 24 or the place so specified is more than 10 kilometres from 25 the licensee's place of business (unless the RTA approves 26 of it being a greater distance from that place), 27 [5] Section 20 Licence conditions 28 Insert after section 20 (2) (c): 29 (c1) the licensee must maintain at least one holding yard which 30 must be no more than 10 kilometres from the licensee's 31 place of business (unless the RTA approves of it being a 32 greater distance from that place), 33 Page 3
Tow Truck Industry Amendment Bill 2008 Schedule 1 Amendments [6] Section 20 (2) (d1) 1 Insert after section 20 (2) (d): 2 (d1) the licensee must allow the owner of any motor vehicle 3 stored at any holding yard used by the licensee in the 4 course of the licensee's business to have reasonable access 5 to the motor vehicle, during business hours and at no 6 charge to the owner, to collect items from the motor 7 vehicle, 8 [7] Section 20 (2) (h)(i2) 9 Omit section 20 (2) (h) and (i). Insert instead: 10 (h) the licensee must not charge a fee for the towing, salvage 11 or storage of a motor vehicle, or for any service that is 12 related to or ancillary to the towing, salvage or storage of 13 a motor vehicle, if the charging of the fee would be in 14 contravention of the regulations, and must not demand, 15 receive or accept such a fee, 16 (i) the licensee must not charge a fee for work that was not 17 actually done by the licensee or by an employee or 18 subcontractor of the licensee, 19 (i1) in the case of a licence granted for a term of 3 years--the 20 licensee must, within 28 days of receiving a notice from 21 the RTA relating to such of the licensee's licence 22 particulars, insurance particulars and particulars of close 23 associates as are specified in the notice: 24 (i) confirm that the particulars specified in the notice 25 are still accurate, or 26 (ii) provide details of any change in any of those 27 particulars, and provide any documents relating to 28 those particulars, that may be specified in the notice, 29 (i2) the licensee must notify the RTA, as soon as practicable, 30 of any change in the licensee's licence particulars, 31 insurance particulars and particulars of close associates 32 that are prescribed by the regulations, and must provide the 33 RTA with any documents relating to those particulars that 34 are prescribed by the regulations, 35 Page 4
Tow Truck Industry Amendment Bill 2008 Amendments Schedule 1 [8] Sections 22 and 22A 1 Omit section 22. Insert instead: 2 22 Term of licence 3 (1) A licence may be granted: 4 (a) if subsection (2) applies, for a period of 3 years, or 5 (b) for a period of one year, or 6 (c) for such shorter period as the RTA determines. 7 (2) A licence may be granted for a period of 3 years if: 8 (a) the applicant has requested that the licence be granted for 9 a period of 3 years, and 10 (b) the applicant has held a licence for a continuous period of 11 at least 3 years immediately before the date on which the 12 subsequent licence will come into force (that is, during that 13 period of 3 years, the applicant's licence was not 14 suspended or revoked and did not lapse), and 15 (c) neither the applicant nor any of the applicant's close 16 associates is, at the time the application is made, under 17 investigation by the RTA in relation to any breach of a 18 condition of a licence or any other contravention of this 19 Act or the regulations, and 20 (d) neither the applicant nor any of the applicant's close 21 associates has, in the 5 years immediately before the date 22 of the application: 23 (i) been subject to any prescribed disciplinary action 24 under this Act, or 25 (ii) engaged in any prescribed conduct, and 26 (e) the RTA is satisfied that a 3-year licence should be 27 granted. 28 (3) A licence continues in force for the period for which it is granted, 29 as specified in the licence, unless it is sooner revoked or 30 suspended or otherwise ceases to be in force. 31 (4) In this section: 32 prescribed conduct means any conduct that: 33 (a) if the applicant or close associate applied for a licence or 34 drivers certificate immediately after engaging in the 35 conduct, would, in the opinion of the RTA, be sufficient to 36 justify the application being refused, or 37 Page 5
Tow Truck Industry Amendment Bill 2008 Schedule 1 Amendments (b) if the applicant or close associate held a licence or drivers 1 certificate at the time of engaging in the conduct, would, in 2 the opinion of the RTA, be sufficient to justify: 3 (i) the suspension of a licence or drivers certificate held 4 by the applicant or close associate, or 5 (ii) the permanent revocation of a licence or drivers 6 certificate held by the applicant or close associate, 7 or 8 (iii) the disqualification of the applicant or close 9 associate from holding a licence or drivers 10 certificate. 11 prescribed disciplinary action means: 12 (a) the suspension of a licence or drivers certificate held by the 13 applicant or close associate, or 14 (b) the permanent revocation of a licence or drivers certificate 15 held by the applicant or close associate, or 16 (c) the disqualification of the applicant or close associate from 17 holding a licence or drivers certificate. 18 22A Renewal of licence 19 A licence may be renewed from time to time by making an 20 application for a subsequent licence in accordance with this Act. 21 [9] Section 25 Application for drivers certificate 22 Insert after section 25 (2) (a): 23 (a1) specify the term of drivers certificate sought by the 24 applicant, and 25 [10] Section 29 Conditions of drivers certificate 26 Omit section 29 (2) (b). Insert instead: 27 (b) the certified driver must not charge a fee for the towing or 28 salvage of a motor vehicle, or for any service that is related 29 to or ancillary to the towing or salvage of a motor vehicle, 30 if the charging of the fee would be in contravention of the 31 regulations, and must not demand, receive or accept such 32 a fee, 33 (b1) the certified driver must not charge a fee for work that was 34 not actually done by the certified driver, and must not 35 demand, receive or accept such a fee, 36 (b2) in the case of a drivers certificate granted for a term of 37 3 years--the certified driver must, within 28 days of 38 Page 6
Tow Truck Industry Amendment Bill 2008 Amendments Schedule 1 receiving a notice from the RTA relating to such of the 1 certified driver's drivers certificate particulars and 2 insurance particulars as are specified in the notice: 3 (i) confirm that the particulars specified in the notice 4 are still accurate, or 5 (ii) provide details of any change in any of those 6 particulars, and provide any documents relating to 7 those particulars, that may be specified in the notice, 8 (b3) the certified driver must notify the RTA, as soon as 9 practicable, of any change in the certified driver's drivers 10 certificate particulars that are prescribed by the 11 regulations, and must provide the RTA with any 12 documents relating to those particulars that are prescribed 13 by the regulations, 14 [11] Sections 31 and 31A 15 Omit section 31. Insert instead: 16 31 Term of drivers certificate 17 (1) A drivers certificate may be granted: 18 (a) if subsection (2) applies, for a period of 3 years, or 19 (b) for a period of one year, or 20 (c) for such shorter period as the RTA determines. 21 (2) A drivers certificate may be granted for a period of 3 years if: 22 (a) the applicant has requested that the drivers certificate be 23 granted for a period of 3 years, and 24 (b) the applicant has held a drivers certificate for a continuous 25 period of at least 5 years immediately before the date on 26 which the subsequent drivers certificate will come into 27 force (that is, during that period of 5 years, the applicant's 28 drivers certificate was not suspended or revoked and did 29 not lapse), and 30 (c) the applicant is not, at the time the application is made, 31 under investigation by the RTA in relation to any breach of 32 a condition of a drivers certificate or any other 33 contravention of this Act or the regulations, and 34 (d) the applicant has not, in the 5 years immediately before the 35 date of the application: 36 (i) been subject to any prescribed disciplinary action 37 under this Act, or 38 (ii) engaged in any prescribed conduct, and 39 Page 7
Tow Truck Industry Amendment Bill 2008 Schedule 1 Amendments (e) the RTA is satisfied that a 3-year drivers certificate should 1 be granted. 2 (3) A drivers certificate continues in force for the period for which it 3 is granted, as specified in the drivers certificate, unless it is 4 sooner revoked or suspended or otherwise ceases to be in force. 5 (4) In this section: 6 prescribed conduct means any conduct that: 7 (a) if the applicant applied for a licence or drivers certificate 8 immediately after engaging in the conduct, would, in the 9 opinion of the RTA, be sufficient to justify the application 10 being refused, or 11 (b) if the applicant held a licence or drivers certificate at the 12 time of engaging in the conduct, would, in the opinion of 13 the RTA, be sufficient to justify: 14 (i) the suspension of a licence or drivers certificate held 15 by the applicant, or 16 (ii) the permanent revocation of a licence or drivers 17 certificate held by the applicant, or 18 (iii) the disqualification of the applicant from holding a 19 licence or drivers certificate. 20 prescribed disciplinary action means: 21 (a) the suspension of a licence or drivers certificate held by the 22 applicant, or 23 (b) the permanent revocation of a licence or drivers certificate 24 held by the applicant, or 25 (c) the disqualification of the applicant from holding a licence 26 or drivers certificate. 27 31A Renewal of drivers certificate 28 A drivers certificate may be renewed from time to time by 29 making an application for a subsequent drivers certificate in 30 accordance with this Act. 31 [12] Section 41 Disciplinary action 32 Omit section 41 (2) (a). Insert instead: 33 (a) in the case of a licence or drivers certificate granted for a 34 term of 1 year or less--suspend the licence or drivers 35 certificate for a specified period, 36 (a1) in the case of a licence or drivers certificate granted for a 37 term of 3 years--suspend the licence or drivers certificate 38 Page 8
Tow Truck Industry Amendment Bill 2008 Amendments Schedule 1 for a specified period and, when the suspension ends, 1 reduce the period for which the licence or drivers 2 certificate is in force so that it will cease to be in force on 3 the next anniversary of its issue (and refund fees 4 accordingly), 5 [13] Section 45 Application to Administrative Decisions Tribunal for review 6 Insert after section 45 (1) (a): 7 (a1) the granting of a licence or drivers certificate to the person 8 that is of a shorter duration than that for which the person 9 applied, 10 [14] Section 54 11 Omit the section. Insert instead: 12 54 Charges and fees for towing, salvage, storage and related services 13 (1) The regulations may make provision for or with respect to 14 regulating the fees that can be charged by a licensee or certified 15 driver for the towing, salvage or storage of a motor vehicle or for 16 any service that is related to or ancillary to the towing, salvage or 17 storage of a motor vehicle. 18 (2) Without limiting subsection (1), the regulations under this 19 section can include provision that: 20 (a) fixes maximum fees or otherwise limits the fees that may 21 be charged, or 22 (b) prohibits the charging of a fee for any specified service that 23 is related or ancillary to the towing, salvage or storage of a 24 motor vehicle, or 25 (c) specifies procedures to be followed by licensees and 26 certified drivers in connection with the charging of fees. 27 (3) A licensee or certified driver is not entitled to recover or retain 28 any fee charged in contravention of regulations under this 29 section. 30 Page 9
Tow Truck Industry Amendment Bill 2008 Schedule 1 Amendments [15] Section 61 Prohibition of "spotter's fees", "drop fees" and towing 1 inducements 2 Omit "do not exceed any charges determined by the RTA" from the definition 3 of valuable thing in section 61 (4). 4 Insert instead "are permitted to be charged under this Act and do not exceed 5 any maximum charges fixed by the regulations". 6 [16] Sections 63 and 63A 7 Omit section 63. Insert instead: 8 63 Touting or soliciting for towing work at scene of accident 9 (1) A person must not, at or within 500 metres of the scene of an 10 accident, tout or solicit for any towing work in connection with 11 the accident regardless of on whose behalf the touting or 12 soliciting is done. 13 Maximum penalty: 50 penalty units. 14 (2) Subsection (1) does not prohibit a person from attempting to 15 obtain a towing authorisation in accordance with this Act and the 16 regulations in relation to a motor vehicle at any time before: 17 (a) a towing authorisation is obtained by any person in 18 accordance with this Act and the regulations for the towing 19 of the relevant motor vehicle, or 20 (b) a police officer has informed the person that the police 21 officer has organised for the towing of the relevant motor 22 vehicle. 23 (3) Subsection (1) does not prohibit a person from dealing with a 24 towing authorisation in accordance with this Act and the 25 regulations. 26 63A Touting or soliciting for repair work at scene of accident 27 A person must not, at or within 500 metres of the scene of an 28 accident, tout or solicit for any work involving the repair of a 29 motor vehicle involved in the accident regardless of on whose 30 behalf the touting or soliciting is done. 31 Maximum penalty: 50 penalty units. 32 [17] Section 66 Compliance with directions at scene of accident 33 Omit "the driver of a tow truck" from section 66 (1). 34 Insert instead "a certified driver". 35 Page 10
Tow Truck Industry Amendment Bill 2008 Amendments Schedule 1 [18] Section 67 Passengers in tow trucks 1 Insert at the end of the section: 2 (2) The driver of a tow truck must not allow a person to travel as a 3 passenger in the tow truck when it is proceeding to or from the 4 scene of an accident unless the person: 5 (a) was the driver of, or was a passenger in, a motor vehicle 6 involved in the accident, or 7 (b) is a certified driver who is travelling as a passenger for the 8 purpose of assisting the driver of the tow truck in carrying 9 out towing work. 10 Maximum penalty: 50 penalty units. 11 [19] Schedule 2 Savings and transitional provisions 12 Insert at the end of clause 1 (1): 13 Tow Truck Industry Amendment Act 2008 14 [20] Schedule 2, Part 5 15 Insert after Part 4: 16 Part 5 Provisions consequent on enactment of 17 Tow Truck Industry Amendment Act 2008 18 16 Definition 19 In this Part: 20 amending Act means the Tow Truck Industry Amendment Act 21 2008. 22 17 Pending applications 23 (1) An applicant for a licence whose application was pending 24 immediately before the commencement of section 17 (2) (a1) (as 25 inserted by the amending Act) is to be given a reasonable 26 opportunity to amend the application so as to specify a term for 27 which the licence is sought. Any such pending application that is 28 not amended by the applicant before it is finally dealt with by the 29 RTA is to be treated as an application for a licence for a term of 30 1 year. 31 (2) An applicant for a drivers certificate whose application was 32 pending immediately before the commencement of section 33 25 (2) (a1) (as inserted by the amending Act) is to be given a 34 reasonable opportunity to amend the application so as to specify 35 Page 11
Tow Truck Industry Amendment Bill 2008 Schedule 1 Amendments a term for which the drivers certificate is sought. Any such 1 pending application that is not amended by the applicant before 2 it is finally dealt with by the RTA is to be treated as an application 3 for a drivers certificate for a term of 1 year. 4 18 Previous conduct may be taken into account in considering 5 application for 3-year licence or drivers certificate 6 (1) Section 22 (2), as substituted by the amending Act, extends to 7 conduct that occurred before the substitution of the subsection. 8 (2) Section 31 (2), as substituted by the amending Act, extends to 9 conduct that occurred before the substitution of the subsection. 10 19 Charging for work done in the past 11 (1) Section 20 (2) (h), as substituted by the amending Act, does not 12 apply to fees and charges for the towing, salvage or storage of a 13 motor vehicle carried out before the paragraph was substituted, or 14 for work performed or a service rendered in connection with the 15 towing, salvage or storage of a motor vehicle before the 16 paragraph was substituted. 17 (2) Section 29 (2) (b), as substituted by the amending Act, does not 18 apply to fees and charges for the towing or salvage of a motor 19 vehicle carried out before the paragraph was substituted, or for 20 work performed or a service rendered in connection with the 21 towing or salvage of a motor vehicle before the paragraph was 22 substituted. 23 20 Further requirement to notify changes in particulars 24 (1) Section 20 (2) (i2), as inserted by the amending Act, extends to 25 licences in force when the paragraph was inserted. 26 (2) Section 29 (2) (b3), as inserted by the amending Act, extends to 27 drivers certificates in force when the paragraph was inserted. 28 Page 12
[Index] [Search] [Download] [Related Items] [Help]