(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
(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
S. 42(3)(b)(iia) inserted by No. 70/2012 s. 14. (iia) in the case of a road accident scene that is on the Peninsula Link Freeway, the tow truck driver is authorised by the Peninsula Link Freeway Corporation to attend road accident scenes on that road; or (iii) in the case of a road accident scene that is on a designated road (within the meaning of paragraph (d) or (e) of the definition of designated road), the tow truck driver is authorised under section 119A of the Road Management Act 2004 to attend accident scenes on that road; and (c) if in a case in which the tow truck driver tows an accident damaged motor vehicle from the road accident scene, the tow truck driver tows the motor vehicle to a safe and convenient place near the road or a place approved by VicRoads. 43 Salvage exemption s. 43 Section 42 does not apply to a tow truck that is being driven or operated for the purpose of salvaging an accident damaged motor vehicle if— (a) the attendance of the tow truck is necessary for the salvage of the motor vehicle; and (b) the tow truck does not tow any accident damaged motor vehicle from the road accident scene at which the salvaging is taking place. 44 Prohibition on towing of vehicles removed from designated roads unless allocated S. 44(1) amended by No. 28/2009 s. 69(1). (1) If an accident damaged motor vehicle, with a gross vehicle mass of less than 4 tonnes, has been damaged in a road accident on a designated road and has been towed from the road accident scene
(b) is subject to a charge for an offence listed in Schedule 1 that has not been finally disposed of at the time of considering the application. (2) VicRoads may refuse an application for accreditation under this Part if it believes on reasonable grounds that— (a) the applicant has contravened a service standard applicable to an accreditation held, or previously held, by the applicant under this Part; or (b) the applicant has contravened a condition imposed on an accreditation held, or previously held, by the applicant under this Part; or (c) the nominated person or a relevant person in relation to the applicant has contravened a service standard applicable to, or a condition imposed on, an accreditation held by or previously held by the nominated person or the relevant person under this Part; or s. 68 (d) the applicant, the nominated person or a relevant person in relation to the applicant has contravened a provision of this Act. (3) VicRoads may refuse an application for accreditation referred to it by VCAT under section 87(2)(a)(ii) if VicRoads is not satisfied as to the matters set out in section 65(1)(b). (4) In exercising a discretion under this section in relation to an offence, VicRoads must have regard to— (a) the nature and gravity of the offence or alleged offence and its relevance to the activities in respect of which accreditation is sought; and
(a) the person has— s. 158 (i) obtained the authority to tow for that vehicle; and (ii) confirmed with the allocation body that the job number recorded on the authority to tow is accurate and the tow truck was authorised to tow the vehicle; and (iii) written on the authority to tow a note stating— (A) his or her name and business address; and (B) that the confirmation has been obtained; and (C) the date and time that the confirmation was obtained; and (D) the confirmation number assigned to the confirmation by the allocation body; and (iv) signed the note; or (b) the person has obtained an endorsed authority to tow which has been endorsed by another person; or (c) the person has been given a copy of a certificate issued under section 162 in relation to the relevant accident damaged motor vehicle. 30 penalty units. 159 Copies of noted-up forms must be given to owners etc. s. 159 (1) A person who has endorsed an authority to tow under sections 158(a)(iii) and 158(a)(iv) must give that endorsed authority to tow to the owner of the
165 Circumstances in which accident towing demerit points are incurred and amount (1) The circumstances in which accident towing demerit points are incurred and the determination of the date on which the points are to be recorded as incurred are as prescribed. (2) The number of accident towing demerit points that are to be incurred for a prescribed offence is the number prescribed for the offence. 166 Period of suspension of accreditation (1) The period of suspension of accreditation under this Act for incurring 6 to 11 (both inclusive) accident towing demerit points within any 3 year period is one month. (2) The period of suspension of accreditation under this Act for incurring 12 to 17 (both inclusive) accident towing demerit points within any 3 year period is 3 months. S. 166(3) amended by No. 28/2009 s. 82. (3) The period of suspension of accreditation under this Act for incurring 18 or more accident towing demerit points within any 3 year period is 1 year. S. 167 (Heading) amended by No. 40/2011 s. 13(1). 167 VicRoads must suspend accreditation on service of notice s. 166 S. 167(1) amended by No. 40/2011 s. 13(2). (1) VicRoads must serve a notice of suspension on an accredited person suspending all accreditations held by that person under this Act— (a) if the person has incurred 6 to 11 (both inclusive) accident towing demerit points within any 3 year period, for one month; (b) if the person has incurred 12 to 17 (both inclusive) accident towing demerit points within any 3 year period, for 3 months;
S. 167(1)(c) amended by No. 28/2009 s. 83. (c) if the person has incurred 18 or more accident towing demerit points within any 3 year period, for 1 year. (2) A notice served under subsection (1) must contain the prescribed particulars. S. 168 (Heading) substituted by No. 28/2009 s. 84(1). S. 168 amended by No. 28/2009 s. 84(2). 168 Expiry of accident towing demerit points At the end of a period of suspension under this Division, if 18 or more accident towing demerit points were used to calculate the period of suspension, the points must be disregarded when calculating the period of any other suspension under section 166. 169 Date suspension of accreditation becomes effective (1) Subject to this section and section 172(2), the suspension of accreditation under section 167 takes effect on and from the date determined by VicRoads and specified in the notice served under section 167(1). (2) If an accreditation that is suspended under section 167 is suspended under another provision of this Act, the suspension under section 167 takes effect on and from the date the other suspension ceases to have effect. (3) If an accreditation that is suspended under section 167 is cancelled under another provision of this Act and the person who held the accreditation subsequently obtains a new accreditation under this Act, the suspension under section 167 applies to the new accreditation and takes effect on and from the date the new accreditation is granted. 170 Cancellation of accident towing demerit points s. 168 VicRoads may cancel accident towing demerit points in the prescribed circumstances.
to be read as a reference to the document described in section 212F(2)(b). Pt 7A Div. 3 (Heading and s. 212H) inserted by No. 40/2011 s. 18. Division 3—Indexation of charges S. 212H inserted by No. 40/2011 s. 18. 212H Charges to be adjusted for CPI S. 212H(1) amended by No. 44/2014 s. 33(Sch. item 2(1)). (1) Subject to subsection (2), an amount of a charge determined under section 211 must be varied, in respect of each financial year, in accordance with the formula— where— "A" is the amount of the charge for the financial year immediately preceding the relevant year; "B" is the transport group consumer price index for Melbourne in original terms for the reference period in which falls the March quarter of the financial year immediately preceding the relevant year last published by the Australian Bureau of Statistics before the relevant year;
S. 223(1)(la) inserted by No. 40/2011 s. 20. (la) providing the service of salvaging a motor vehicle; (m) any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. s. 223 (2) Any regulations made under this section— (a) may be of general or of specially limited application; and (b) may differ according to differences in time, place or circumstance; and (c) may prescribe penalties of not more than 20 penalty units for any contravention of the regulations; and (d) may confer a power or discretionary authority on a person or body or a class of person or body; and (e) may apply, adopt or incorporate (with or without modification) any matter contained in a document as in force at the time the regulations are made or at any time before then; and S. 223(2)(f) amended by No. 93/2009 s. 35(2)(a). (f) may provide for the exemption of a specified person, body or thing or a specified class of person, body or thing from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and S. 223(2)(g) inserted by No. 93/2009 s. 35(2)(b). (g) may provide for fees to be payable in respect of tow truck licences, which may be payable annually.
Part 4 of the Transport (Tow Truck) Regulations 2005, as in force immediately before that commencement is to be taken to continue in force until 14 November 2008, as if the Regulations were made under this Act, and the following provisions apply— (a) the Regulations may be amended or revoked as if they were made under this Act; (b) in the Regulations— licensing authority is to be taken to mean VicRoads. 8 Saving of references in agreements etc. (1) Any reference to the Director of Public Transport in any relevant agreement, instrument, deed or other document, so far as it relates to any period after the commencement day and if not inconsistent with the context or subject-matter, must be construed as a reference to VicRoads. (2) In this clause— relevant agreement, instrument, deed or other document means any agreement, instrument, deed or other document— (a) entered into under Division 8 of Part VI of the Transport Act 1983 (as in force before its repeal by this Act); and (b) in force immediately before the commencement day. 9 controlled area Sch. 3 (1) Despite the commencement of Part 9 of this Act, the controlled area is to be taken to be the area described by a declaration published in the Government Gazette on 31 October 2002 at pages 2919 to 2921.