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ACCIDENT TOWING SERVICES ACT 2007
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
4. Objective
4A. Transport Integration Act 2010
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
9A. Offence to use vehicle other than tow truck to provide accident towing services for hire or reward
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 standard tow truck licences available
18. Applications for standard tow truck licences
19. Time within which the Secretary must deal with application
20. Approval of applications
21. Issue of standard tow truck licences to approved applicants etc.
22. The Secretary's 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. The Secretary 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
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. The Secretary 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. The Secretary may require further information etc.
62. Chief Commissioner of Police may supply information to the Secretary
63. Time within which the Secretary must deal with application
64. Nominated person
65. When the Secretary may approve an application for accreditation
66. Mandatory refusal of accreditation
67. Refusal of accreditation unless the Secretary 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. The Secretary 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
78. Offence to retain illegible certificate
Division 5--Disciplinary action
79. When the Secretary must cancel accreditation
80. When the Secretary 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 the Secretary 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 the Secretary
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. The Secretary 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. The Secretary may require further information
104. Chief Commissioner of Police may supply information to the Secretary
105. Time within which the Secretary must deal with application
106. When the Secretary may approve an application for accreditation
107. Mandatory refusal of accreditation
108. Refusal of accreditation unless the Secretary 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. The Secretary 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
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 the Secretary must cancel accreditation
123. Accreditation cancelled or suspended if driver licence cancelled, expired or suspended
124. When the Secretary 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 the Secretary
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. The Secretary may require further information
140G. Chief Commissioner of Police may supply information to the Secretary
140H. Cancellation of permit
140I. Offence not to carry permit when driving
140J. Offence not to produce permit when asked
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
146A. Licence holder must provide copy of authority to tow if requested by owner
Division 2--Offences at road accident scenes
147. Offence as to seeking repair work
148. Offence as to seeking towing work and storage
Division 3--Storage of accident damaged motor vehicles
150. Initial towing and storage of accident damaged motor vehicles
151. Provisions concerning damaged vehicle storage
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. The Secretary must 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
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 7A--CHARGES
Division 1--Determination of charges
211. Minister to determine charges for accident towing services and other services
212. Determinations of charges
Division 2--Review of charges
212A. Periodic review of charges
212B. Additional review at Minister's direction
212C. Conduct of review
212D. Objectives not to apply
212E. Powers relating to reviews
212F. Recommendations
212G. Tabling of recommendations
Division 3--Indexation of charges
212H. Charges to be adjusted for CPI
Division 4--Offences
212I. Offence to charge unreasonable sum or sum different to charge determined under section 211
212J. Offence to pay for obtaining work in respect of accident damaged motor vehicle
212K. Offence to pay for handing over work in respect of accident damaged motor vehicle
PART 8--MISCELLANEOUS
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--TRANSITIONAL PROVISIONS--TRANSPORT LEGISLATION AMENDMENT ACT 2019
225. Definitions
226. Application of Interpretation of Legislation Act 1984
227. Superseded references
228. Things done by VicRoads before commencement day
229. Things commenced but not completed by VicRoads before commencement day
230. Fees determined by VicRoads
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
ENDNOTES
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