Victorian Numbered Regulations

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ACCIDENT TOWING SERVICES AMENDMENT REGULATIONS 2009 (SR NO 80 OF 2009) - REG 4

Regulation 16 substituted

r. 4

    For regulation 16 of the Principal Regulations substitute

    "     16     Specified depots

    (1)     A licence holder must ensure that the specified depot for the licensed tow truck is open for business and staffed by the licence holder or an agent or employee of the licence holder between the hours of 8.00 a.m. and 5.00 p.m. from Monday to Friday inclusive but excluding any public holiday.

Penalty:     20 penalty units.    

    (2)     A licence holder must ensure that the specified depot for the licensed tow truck is contactable by telephone during the hours of business referred to in subregulation (1).

Penalty:     20 penalty units.    

    (3)     A licence holder must ensure that the specified depot for the licensed tow truck has displayed on the exterior of the specified depot a sign giving the name of the licence holder, the depot number allocated by VicRoads (if the depot is within a controlled area), the hours of business and the telephone number of the depot.

Penalty:     20 penalty units.    

    (4)     A licence holder must ensure that the specified depot for the licensed tow truck is suitable for the conduct of business and the keeping of records as required under the Act and these Regulations.

Penalty:     20 penalty units.

    (5)     A licence holder must ensure that the licensed tow truck—

        (a)     operates from the specified depot; and

        (b)     is usually garaged and otherwise based at the specified depot.

Penalty:     20 penalty units.

    (6)     VicRoads must allocate a depot number for each specified depot.

        16A     Exemptions from specified depot requirements

r. 4

    (1)     VicRoads may wholly or partially exempt a licence holder from having to comply with regulation 16(1) if—

        (a)     the specified depot for the licensed tow truck is located outside the controlled area; and

        (b)     VicRoads is satisfied that it would impose an unreasonable burden on the licence holder to require compliance with regulation 16(1).

    (2)     An exemption under subregulation (1) must be in writing and may be subject to any conditions that VicRoads thinks fit.

    (3)     VicRoads may wholly or partially exempt a licence holder from having to comply with regulation 16(5)(b) if VicRoads is satisfied that—

        (a)     the granting of the exemption or partial exemption would improve the efficiency of the accident towing service provided by the licence holder; and

        (b)     the granting of the exemption would not unreasonably impact on the accident towing service business of another licence holder.

    (4)     An exemption under subregulation (3) must be in writing and may be subject to any conditions that VicRoads thinks fit.

    (5)     Before granting an exemption under subregulation (3), VicRoads must consult with any other licence holder that VicRoads believes may be adversely affected by the decision to grant an exemption.".



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