ACCIDENT TOWING SERVICES ACT 2007

Victorian Consolidated Legislation

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ACCIDENT TOWING SERVICES ACT 2007

No. 30 of 2007
Version incorporating amendments as at 18 June 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Objective
5. Act to bind the Crown

PART 2-REQUIREMENTS AS TO TOW TRUCKS

Division 1-Requirements for operating and driving certain tow trucks

6. Requirement to hold tow truck licence
7. Further requirements for operating tow trucks
8. Requirement for tow truck being driven to be licensed
9. Offences as to unlicensed tow trucks at road accident scenes

Division 2-Licensing

10. Power to issue regular tow truck licences
11. Power to issue heavy tow truck licences
12. Issue of new licences and re-issue of certain limited licences
13. Period for which licence remains in force

Division 3-Authorisation for issue of new tow truck licences

14. Ministerial authorisation for the issue of regular tow truck licences
15. Ministerial authorisation for the issue of heavy tow truck
licences
16. Notice of Ministerial authorisations under this Division

Division 4-Process for issuing new tow truck licences

17. Notice that non-limited tow truck licences available
18. Applications for non-limited tow truck licences
19. Time within which VicRoads must deal with application
20. Approval of applications
21. Issue of non-limited tow truck licences to approved applicants etc.
22. VicRoads' discretion as to persons to whom limited tow truck licences issued

Division 5-General provisions applying to tow truck licences

23. Fees payable for licences
24. Certificate on issue of licence
25. Conditions on licences
26. Offence not to comply with conditions on licence
27. Specified tow trucks
28. Nature of and dealings with tow truck licences
29. Transfer of tow truck licence to another person
30. Application for transfer of tow truck licence
31. Recording and taking effect of transfer

Division 6-Cancellation and suspension of tow truck licences

32. VicRoads may cancel or suspend a tow truck licence
33. Effect of cancellation or suspension of accreditation of licence holder
34. Requirement to surrender licence certificate on cancellation or suspension of towing operator accreditation

Division 7-Permits to operate tow trucks in specific circumstances

35. Temporary permits
36. Offence not to carry permit when driving
37. Offence not to produce permit when asked

Division 8-Offences as to tow trucks

38. Offence not to take care in driving or operating tow truck
39. Offence to leave tow truck standing for more than a certain period
40. Offence for persons to travel in accident damaged motor
vehicles
41. Certain persons may be ordered to leave restricted road
accident area

Division 9-Operation of tow trucks in controlled areas

42. Allocation offences in controlled areas
43. Salvage exemption
44. Prohibition on towing of vehicles removed from designated
roads unless allocated
45. Further allocation offences
46. Declaration of controlled areas
47. Appointment of allocation body
48. Creation of allocation roster entitlements
49. Circumstances in which roster entitlements can be applied to another licence
50. Nature of allocation roster entitlement

Division 10-Self-management areas

51. Licence holder offences as to road accident scenes in self-management areas
52. Self-management areas

Division 11-VCAT review

53. Review of decision by VCAT
54. Time period for making application to VCAT

PART 3-INDUSTRY ACCREDITATION

Division 1-Objective and requirement for accreditation

55. Industry accreditation objective
56. Offence to operate or manage accident towing service business without accreditation
57. VicRoads to accredit persons to carry on or manage accident towing services business
58. How long accreditation remains in force

Division 2-Application for accreditation

59. Applications for tow truck operating accreditations
60. Making of application
61. VicRoads may require further information etc.
62. Chief Commissioner of Police may supply information to VicRoads
63. Time within which VicRoads must deal with application
64. Nominated person
65. When VicRoads may approve an application for accreditation
66. Mandatory refusal of accreditation
67. Refusal of accreditation unless VicRoads satisfied it is appropriate
68. Discretionary refusal of accreditation
69. Notification and reasons to be given if accreditation refused
70. Disqualification for applying for accreditation
71. Disqualification ceases if there has been a relevant change of circumstances

Division 3-Accreditation conditions and service standards

72. Conditions on accreditation
73. VicRoads may vary, revoke or impose new conditions
74. Offence to fail to comply with conditions
75. Service standards

Division 4-Certificates of accreditation

76. Issue of certificate of accreditation
77. Offence not to notify of change of address and return
certificate
78. Offence to retain illegible certificate

Division 5-Disciplinary action

79. When VicRoads must cancel accreditation
80. When VicRoads may take disciplinary action
81. Disciplinary action that may be taken in relation to
accreditations
82. Procedure for taking disciplinary action
83. Notice of disciplinary action
84. Immediate suspension of accreditation
85. Effect of suspension of accreditation
86. Return of certificate of accreditation

Division 6-VCAT review and jurisdiction

87. Original jurisdiction of VCAT in relation to mandatory refusal
or cancellation
88. Review of decision by VCAT
89. Time period for making application to VCAT

Division 7-Miscellaneous

90. Accredited person to keep records
91. Accreditation cannot be transferred
92. Holder of accreditation and Chief Commissioner of Police to notify VicRoads of finding of guilt
93. Offence not to notify of suspension or cancellation of accreditation
94. Surrender of accreditation
95. Consent to surrender
96. Information disclosure by VicRoads

PART 4-DRIVER ACCREDITATION

Division 1-Objective and requirement for accreditation

97. Driver accreditation objective
98. Offence to drive licensed tow truck or tow truck providing accident towing services without accreditation
99. VicRoads to accredit persons to drive licensed tow truck and accompany driver
100. How long accreditation remains in force

Division 2-Application for accreditation

101. Applications for tow truck driver accreditation
102. Making of application
103. VicRoads may require further information
104. Chief Commissioner of Police may supply information to VicRoads
105. Time within which VicRoads must deal with application
106. When VicRoads may approve an application for accreditation
107. Mandatory refusal of accreditation
108. Refusal of accreditation unless VicRoads satisfied it is appropriate
109. Discretionary refusal of accreditation
110. Notification and reasons to be given if accreditation refused
111. Disqualification from applying for accreditation
112. Disqualification ceases if there has been a relevant change of circumstances

Division 3-Accreditation conditions

113. Conditions on accreditation
114. VicRoads may vary, revoke or impose new conditions
115. Offence to fail to comply with conditions

Division 4-Certificates of accreditation

116. Issue of certificate of accreditation
117. Offence not to sign certificate on receipt
118. Offence not to notify of change of address and return certificate
119. Offence to retain illegible certificate
120. Offence not to carry certificate when driving
121. Offence not to produce certificate when asked

Division 5-Disciplinary action

122. When VicRoads must cancel accreditation
123. Accreditation cancelled or suspended if driver licence cancelled, expired or suspended
124. When VicRoads may take disciplinary action
125. Disciplinary action that may be taken in relation to
accreditations
126. Procedure for taking disciplinary action
127. Notice of disciplinary action
128. Immediate suspension of accreditation
129. Effect of suspension of accreditation
130. Return of certificate of accreditation
131. Compensation for lost income during suspension

Division 6-VCAT review and jurisdiction

132. Original jurisdiction of VCAT in relation to mandatory refusal
133. Review of decision by VCAT
134. Time period for making application to VCAT

Division 7-Miscellaneous

135. Accreditation cannot be transferred
136. Holder of accreditation and Chief Commissioner of Police to notify of finding of guilt
137. Offence not to notify of suspension or cancellation of accreditation
138. Surrender of accreditation
139. Consent to surrender
140. Information disclosure by VicRoads

Division 8-Tow truck trainee permit

140A. Power to issue permit
140B. Period for which a permit remains in force
140C. Conditions on permit
140D. Application for permit
140E. Making of application
140F. VicRoads may require further information
140G. Chief Commissioner of Police may supply information to VicRoads
140H. Cancellation of permit

PART 5-GENERAL ACCIDENT TOWING AND RELATED OPERATIONS

Division 1-Authority to tow

141. Definitions
142. Offence to tow vehicle from road accident scene without
owner authority
143. Authority to tow for towing in a controlled area
144. Tow truck driver must provide copy of authority to tow to
owner before towing the vehicle
145. Authority to tow to be carried and produced and job number
to be given
146. Removal of accident damaged motor vehicles

Division 2-Offences at road accident scenes

147. Offence as to seeking repair work
148. Offence as to seeking towing work and storage
149. Repealed

Division 3-Storage of accident damaged motor vehicles

150. Storage of accident damaged motor vehicles
151. Provisions concerning damaged vehicle storage
152. No consideration to be paid for obtaining or handing over any work in respect of an accident damaged motor vehicle

Division 4-Obligations on repairers

153. No repair work to be carried out without owner's approval
154. Cooling-off period for certain towing related repair
agreements
155. Owner not liable for repairs carried out at unauthorised place
156. Offence to fail to release towed vehicle

Division 5-Obligations on repairers in relation to accident
towing services in a controlled area

157. Definitions
158. Obligations on repairers in respect of relevant accident
damaged motor vehicles
159. Copies of noted-up forms must be given to owners etc.
160. Obligations on repairers if the authority to tow is defective or
not provided
161. Repairers must keep copy of authority to tow
162. Owner may apply for certificate if authority to tow defective
or lost
163. Exception in relation to Division 5 offences

PART 6-ENFORCEMENT

Division 1-Accident towing demerit points

164. Demerits Register
164A. Who may incur accident towing demerit points?
165. Circumstances in which accident towing demerit points are incurred and amount
166. Period of suspension of accreditation
167. VicRoads may suspend accreditation on service of notice
168. Expiry of accident towing demerit points
169. Date suspension of accreditation becomes effective
170. Cancellation of accident towing demerit points
171. Recording of accident towing demerit points not admissible in evidence except in limited circumstances
172. Review by VCAT

Division 2-Infringement notices

173. Infringement notices, offences and penalties

Division 3-Improvement notices

174. Improvement notices
175. Formal irregularities or defects in notice
176. Proceedings for offences not affected by improvement notices
177. Review of decision by VCAT

Division 4-Authorised officers

178. Appointment of authorised officer
179. Identity cards
180. Return of identity cards

Division 5-Searches of tow trucks

181. Power to enter and search tow trucks for compliance
purposes
182. Power to enter and search tow trucks for the purpose of
obtaining evidence of contravention
183. Production of identification by inspectors before vehicle
searches
184. Production of identification during searches
185. Consent not needed for searches

Division 6-Search of business premises

186. Entry or search of premises with consent
187. Entry of premises open to the public
188. Entry without consent or warrant
189. Search warrant
190. Announcement before entry
191. Details of warrant to be given to occupier
192. Seizure of things not mentioned in the warrant
193. Embargo notice

Division 7-Processes to deal with seized equipment or goods

194. Use or seizure of electronic equipment at premises
195. Copies of certain things seized to be given
196. Access to seized things
197. Retention and return of seized documents or things
198. Magistrates' Court may extend 3 month period

Division 8-General

199. Requirement to assist inspector during entry
200. Self-incrimination not an excuse
201. Direction to state name and address
202. Manner of giving directions
203. Offences as to compliance with requirements of, obstructing
or hindering or impersonating an inspector
204. Persons who may bring proceedings

PART 7-CODES OF PRACTICE

205. Codes of practice
206. Amendment of approved codes of practice
207. Revocation of approvals of codes of practice
208. Availability of approved codes of practice
209. Minister must consult before approving code of practice or amendment or revocation of code of practice
210. Effect of approved code of practice

PART 8-MISCELLANEOUS

211. Minister to determine charges for accident towing services
and other services
212. Determinations of charges
213. Power of VicRoads to determine fees
214. Power of delegation
215. Offence to provide false or misleading information
216. No compensation payable
217. Service of documents on natural persons
218. Service of documents on corporations and address of corporations
219. When service deemed to be effective
220. Evidentiary provisions
221. Offences by bodies corporate
222. Conduct by officers, employees or agents
223. Regulations
224. Transitional provisions for commencement of new Scheme

PART 9-AMENDMENTS TO THE TRANSPORT ACT AND OTHER ACTS

Division 1-Amendments to the Transport Act 1983.

225. Objects and functions of Roads Corporation
226. Substitution of heading to Part VI
"PART VI-LICENSING OF CERTAIN VEHICLES AND DRIVER ACCREDITATION".
227. Definitions
228. Annual licence fees
229. Setting of fees
230. Goods vehicle used as passenger vehicle to be licensed
231. Repeal of Division 8 of Part VI, Tow Trucks
232. Reference by Minister

Division 2-Amendments to the Road Safety Act 1986.

233. Definitions
234. Removal of vehicles from council controlled areas
235. Disclosure of information

Division 3-Amendments to the Infringements Act 2006, the Police Regulation Act 1958 and the Melbourne City Link Act 1995.

236. Alteration of references in the Infringements Act 2006.
237. Alteration of references in the Police Regulation Act 1958.
238. Amendment of Melbourne City Link Act 1995.
239. Repeal of Part
__________________
SCHEDULE 1-Industry accreditation offences
1. Serious violent offences
2. Fraud, dishonesty, violence, sexual offences or drug
trafficking
3. Other offences
SCHEDULE 2-Driver accreditation offences
1. Serious violent offences and sexual offences
2. Fraud, dishonesty, violence, sexual offences or drug
trafficking
3. Other offences
SCHEDULE 3-Transitional provisions for new accident towing services scheme
1. Definitions
2. Tow Truck Driver Authorities
3. Accident towing licences
4. Operator accreditations
5. Demerit points
6. Determination of tow truck charges
7. Continuation of operation of regulations
8. Saving of references in agreements etc.
9. Melbourne controlled area
10. Determinations of eligibility
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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