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ACCIDENT TOWING SERVICES ACT 2007 (NO. 30 OF 2007)


TABLE OF PROVISIONS

   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.      Requirements for operating regular tow trucks  
   7.      Requirements for operating heavy tow trucks  
   8.      Requirements for driving regular tow trucks towing accident damaged motor vehicles  
   9.      Requirements for driving heavy tow trucks towing accident damaged motor vehicles  
   10.     Power to license the operation of regular tow trucks  
   11.     Power to license the operation of heavy tow trucks  
   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 regular and heavy 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.     Offence for regular tow trucks to attend road accident scenes in controlled areas without allocation  
   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.     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  

           Division 5--Disciplinary action

           Division 6--VCAT review and jurisdiction

           Division 7--Miscellaneous

   PART 4--DRIVER ACCREDITATION

           Division 1--Objective and requirement for accreditation

           Division 2--Application for accreditation

           Division 3--Accreditation conditions

           Division 4--Certificates of accreditation

           Division 5--Disciplinary action

           Division 6--VCAT review and jurisdiction

           Division 7--Miscellaneous

   PART 5--GENERAL ACCIDENT TOWING AND RELATED OPERATIONS

           Division 1--Authority to tow

           Division 2--Offences at road accident scenes

           Division 3--Storage of accident damaged motor vehicles

           Division 4--Obligations on repairers

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

   PART 6--ENFORCEMENT

           Division 1--Accident towing demerit points

           Division 2--Infringement notices

           Division 3--Improvement notices

           Division 4--Authorised officers

           Division 5--Searches of tow trucks

           Division 6--Search of business premises

           Division 7--Processes to deal with seized equipment or goods

           Division 8--General

   PART 7--CODES OF PRACTICE

   PART 8--MISCELLANEOUS

   PART 9--AMENDMENTS TO THE TRANSPORT ACT AND OTHER ACTS

           Division 1--Amendments to the Transport Act 1983

           Division 8--of Part VI of the Transport Act 1983 is repealed.

           Division 2--Amendments to the Road Safety Act 1986

           Division 3--Amendments to the Infringements Act 2006, the Police Regulation Act 1958 and the Melbourne City Link Act 1995
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           ENDNOTES


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