Victorian Numbered Acts

ACCIDENT TOWING SERVICES ACT 2007 (NO. 30 OF 2007) - SECT 32

    (1)     VicRoads may cancel or suspend a tow truck licence if—

        (a)     the holder of the licence has not complied with a condition of the licence; or

        (b)     the holder of the licence has not complied with a provision of this Act, the Road Safety Act 1986 , the Transport Act 1983 or regulations made under this Act or those Acts.

    (2)     If VicRoads determines under subsection (1) to suspend a licence, VicRoads must determine the period for which the licence is to be suspended.

    (3)     Before taking action under subsection (1), VicRoads must—

        (a)     give the holder of the licence written notice of the action that VicRoads proposes to take and of the reasons for taking that action; and

        (b)     allow the holder of the licence to make written representations about the intended action within 10 business days (or any other period that VicRoads and the holder of the licence agree on); and

        (c)     must have regard to any written representations made within the time specified in paragraph (b).

    (4)     Subsection (3) does not apply if VicRoads considers it necessary to take immediate action in the interests of public safety.

    (5)     VicRoads must—

        (a)     give the holder of the licence—

              (i)     details of any action taken under subsection (1); and

              (ii)         a statement of reasons for any action taken under subsection (1); and

              (iii)     if the licence is suspended, the period of the suspension; and

        (b)     notify the holder of the licence that the person has a right to seek review of VicRoads' decision under Division 11.

    (6)     VicRoads must give the details, the statement of reasons and notice under subsection (5) in writing.