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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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