New South Wales Consolidated Acts

TOW TRUCK INDUSTRY ACT 1998 - SECT 41

41 Disciplinary action

(1) This Division enables the RTA, in its administrative capacity, to take disciplinary action against a licensee or certified driver.

(2) In accordance with this Division, the RTA may do any of the following:

(a) in the case of a licence or drivers certificate granted for a term of 1 year or less-suspend the licence or drivers certificate for a specified period,

(a1) in the case of a licence or drivers certificate granted for a term of 3 years-suspend the licence or drivers certificate for a specified period and, when the suspension ends, reduce the period for which the licence or drivers certificate is in force so that it will cease to be in force on the next anniversary of its issue (and refund fees accordingly),

(b) permanently revoke a licence or drivers certificate,

(c) disqualify a licensee or certified driver from holding a licence or drivers certificate for a specified period,

(d) impose a fine not exceeding $500 on a licensee or certified driver,

(e) give a direction under section 84 to a licensee or certified driver,

(f) caution or reprimand a licensee or certified driver.

(2A) Despite subsection (2), the RTA must cancel a licence or drivers certificate if disciplinary action is taken on the grounds referred to in section 42 (2).

(3) In deciding whether to take disciplinary action under this Division, the RTA may:

(a) conduct an inquiry under section 80, or

(b) invite the licensee or certified driver concerned to show cause, by way of a written submission, as to why the RTA should not take any such action.

(4) However, the RTA is not required to conduct any such inquiry, or to invite the licensee or certified driver concerned to show cause, if the RTA is of the opinion that it is in the public interest that the RTA take immediate disciplinary action under this Division.

(5) If any written submissions are made by a licensee or certified driver in accordance with subsection (3) (b), the RTA must, before taking disciplinary action under this Division, take those submissions into consideration.

(6) The RTA is not prevented from taking disciplinary action under this Division merely because the licensee or certified driver concerned is subject to criminal or civil proceedings that relate to the same matters or incident to which the disciplinary action relates.

(7) A reference in this Division to a licensee or certified driver includes a reference to a former licensee, or former certified driver, respectively.