(b) to make consequential and related amendments to the Infringements Act 2006, the Melbourne City Link Act 1995, the Police Regulation Act 1958, the Road Safety Act 1986 and the Transport Act 1983. 2 Commencement s. 2 (1) Section 1, this section and clause 10 of Schedule 3 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day to be proclaimed. (3) If a provision of this Act referred to in subsection (2) does not come into operation before 1 January 2009, it comes into operation on that day. 3 Definitions (1) In this Act— S. 3(1) def. of accident damaged motor vehicle substituted by No. 28/2009 s. 62(1). accident damaged motor vehicle means a motor vehicle that has been damaged as the result of a road accident; accident towing demerit point means a demerit point incurred in accordance with regulations made under this Act; accident towing service means the service of operating tow trucks for the following purposes— (a) the purpose of towing accident damaged motor vehicles, where the towing of the accident damaged motor vehicle takes place between the time when the road accident in which the motor vehicle is damaged occurs and
inspector means— (a) an authorised officer; or (b) a member of the force who has been authorised by the Chief Commissioner of Police to exercise powers for the purposes of this Act; infringement notice has the same meaning as in the Infringements Act 2006; job number means the number given by an allocation body to an authorisation given by that body to tow an accident damaged motor vehicle from a road accident scene in the controlled area of that body; S. 3(1) def. of licensed (heavy) tow truck repealed by No. 28/2009 s. 62(2). * * * * * S. 3(1) def. of licensed (regular) tow truck repealed by No. 28/2009 s. 62(2). * * * * * S. 3(1) def. of licensed tow truck substituted by No. 28/2009 s. 62(3). licensed tow truck means a tow truck that is specified in a tow truck licence; limited tow truck licence means a regular tow truck licence issued under section 10(2) or 10(3) or a heavy tow truck licence issued under section 11(2) or 11(3); s. 3 Link road has the same meaning as in the Link Act 1995;
S. 3(4)(d) amended by No. 68/2009 s. 97(Sch. item 4.5). (d) the person charged having been acquitted or found guilty of the offence by a court; or (e) any other prescribed means. S. 3(4A) inserted by No. 40/2011 s. 4(4) (4A) In this Act, a reference to a charge determined under section 211 includes a reference to a charge that has been indexed under Division 3 of Part 7A. (5) If under the Public Administration Act 2004 the name of the Department of Infrastructure is changed, the reference in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name. S. 3(6) inserted by No. 28/2009 s. 62(6). (6) For the purposes of this Act, a tow truck is to be regarded as capable of towing a vehicle, if the towing of the vehicle would not contravene a mass, dimension or load restraint limit or requirement that applies to the tow truck under the Road Safety Act 1986. 4 Objective s. 4 The objective of this Act is to— (a) promote the safe, efficient and timely provision of accident towing services and other related services; (b) ensure that persons who are providing accident towing services— (i) are of appropriate character; and (ii) are technically competent to provide the services; and
(iii) when providing the services, act with integrity and in a manner that is safe, timely, efficient and law abiding, and in particular, that regard is had for vulnerable persons. S. 4A inserted by No. 6/2010 s. 24(5)(Sch. 1 item 1) (as amended by No. 45/2010 s. 5). 4A Transport Integration Act 2010 This Act is transport legislation within the meaning of the Transport Integration Act 2010. 5 Act to bind the Crown s. 4A This Act binds the Crown in right of and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. __________________ Division 1—Requirements for operating and driving certain tow trucks S. 6 substituted by No. 28/2009 s. 63(1). 6 Requirement to hold tow truck licence A person must not operate a tow truck in the course of conducting an accident towing service business to provide accident towing services unless— (a) if the person provides the service to vehicles of any gross vehicle mass, the person holds a regular tow truck licence; or (b) if the person provides the service only to vehicles that have a gross vehicle mass of 4 tonnes or more, the person holds a heavy tow truck licence.
S. 21 (Heading) amended by No. 40/2011 s. 21(Sch. item 8). S. 21 amended by No. 40/2011 s. 21(Sch. item 9). 21 Issue of standard tow truck licences to approved applicants etc. VicRoads must issue a standard tow truck licence to a person whose application for such a licence has been approved— (a) if VicRoads has been given the details of the tow truck on or before the approval of the application, on approving the application; or (b) if VicRoads has not been given the details of the tow truck on or before the approval of the application, on receiving the details of the tow truck in accordance with section 20(2). 22 VicRoads' discretion as to persons to whom limited tow truck licences issued s. 21 VicRoads may issue a new limited tow truck licence to a person under the relevant authorisation of the Minister, if VicRoads is satisfied that the person to whom the licence is to be issued holds a towing operator accreditation. Division 5—General provisions applying to tow truck licences 23 Fees payable for licences S. 23(1) amended by No. 40/2011 s. 21(Sch. item 10). (1) The fee that must be paid for a standard tow truck licence on the issuing of the licence is— (a) if the notice that is published in the Government Gazette of the authorisation of the Minister under Division 3 has specified a fixed price, the fixed price so specified; or S. 23(1)(b) amended by No. 40/2011 s. 21(Sch. item 10). (b) if a tender method is adopted for the granting of standard tow truck licences, the amount
171 Recording of accident towing demerit points not admissible in evidence except in limited circumstances S. 171 amended by No. 28/2009 s. 85(a). The fact that accident towing demerit points are recorded against a person is not admissible in evidence except— (a) in proceedings in VCAT brought under section 172; or (b) if it is necessary to give evidence of that fact in order to establish— S. 171(b)(i) amended by No. 28/2009 s. 85(b). (i) that the person has been sent a notice advising that the person had incurred accident towing demerit points; or S. 171(b)(ii) substituted by No. 28/2009 s. 85(c). (ii) where the person is an accredited person, that the accreditation of the person has been suspended under this Act; or S. 171(b)(iii) substituted by No. 28/2009 s. 85(c). (iii) where the person is an accredited person, that the person has been served with a notice advising the person of suspension of accreditation. 172 Review by VCAT s. 172 (1) A person may apply to VCAT for review of the decision by VicRoads to record accident towing demerit points in the Accident Towing Demerits Register against that person on the ground— (a) that VicRoads recorded accident towing demerit points other than as required by regulations made under this Act; or (b) that an error has been made in the addition of the number of accident towing demerit points incurred by the person in a relevant period.
(d) require any person in or on the tow truck to produce to the inspector any document that is required to be kept for the purpose set out in subsection (1) and that is located in or on the tow truck that is in the person's custody or possession or under the person's control; or (e) make copies of, or take extracts from, any document that is required to be kept for the purpose set out in subsection (1) and that is kept in or on the tow truck; or (f) exercise any other power under this Act conferred on the inspector for those purposes. (3) This section does not authorise the use of force, but the inspector may do any or all of the following— (a) open unlocked doors, panels, objects or other things, or open unlocked places; (b) move, but not take away, anything that is not locked up or sealed. (4) This section does not authorise an inspector to search a person, even if the person is part of a tow truck's load. 182 Power to enter and search tow trucks for the purpose of obtaining evidence of contravention s. 182 (1) If an inspector believes on reasonable grounds that a tow truck has been used, or is being used, in contravention of this Act, regulations made under this Act or a service standard, an inspector may enter and search the tow truck if it is— (a) on any road or road related area; or (b) in any public place.