motor vehicle is damaged occurs and the time when the motor vehicle is first delivered to the place specified in the authority to tow; (b) the purpose of clearing road accident scenes; accident towing service business means the trade or business of operating tow trucks for hire or reward for the purpose of providing accident towing services; accredited person means the holder of— (a) a towing operator accreditation; or (b) a towing depot manager accreditation; or (c) a tow truck driver accreditation; allocation body, in relation to a controlled area, means— (a) if a person or body has been appointed under section 47 to be the allocation body for that area, that person or body; or (b) in any other case, VicRoads; approved code of practice means a code of practice the making of which, and (where the case so requires) the amending of which, has been approved by the Minister under Part 7; authorised officer means a person appointed as an authorised officer under section 178; authority to tow means an authorisation, obtained in accordance with Division 1 of Part 5, by the driver of a tow truck to tow an accident damaged motor vehicle;
S. 3(1) def. of non-limited tow truck licence repealed by No. 40/2011 s. 21(Sch. item 1). * * * * * operate, in relation to a tow truck, means directing, controlling or being responsible for the tow truck, but does not mean driving the tow truck; owner, in relation to a tow truck, includes the following— (a) a person who is the owner of the tow truck; (b) a person who has the use of the tow truck under a lease agreement; (c) a person in whose name a tow truck is registered under the Road Safety Act 1986 or any Act or Ordinance of any State or Territory of the Commonwealth corresponding to this Act; S. 3(1) def. of Peninsula Link Freeway inserted by No. 70/2012 s. 13(1). Peninsula Link Freeway has the same meaning as in the Road Management Act 2004; S. 3(1) def. of Peninsula Link Freeway Corporation inserted by No. 70/2012 s. 13(1). Peninsula Link Freeway Corporation has the same meaning as in the Road Management Act 2004.
60 penalty units. (2) A person who is driving a tow truck that is being operated in the course of conducting an accident towing service business under a regular tow truck licence must ensure that the tow truck does not tow a vehicle that the tow truck is not capable of towing. 60 penalty units. (3) A person who is driving a tow truck that is being operated in the course of conducting an accident towing service business under a heavy tow truck licence must ensure that the tow truck does not tow— (a) a vehicle of a gross vehicle mass of less than 4 tonnes; or (b) a vehicle that the tow truck is not capable of towing. 60 penalty units. S. 9 substituted by No. 28/2009 s. 63(1). 9 Offences as to unlicensed tow trucks at road accident scenes (1) A person who is driving a tow truck that is normally used to provide towing services for hire or reward must not attend a road accident scene unless the tow truck is being operated under a tow truck licence. 60 penalty units. (2) A person does not commit an offence under subsection (1) if the person is driving a tow truck 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
69 Notification and reasons to be given if accreditation refused (1) If an application for accreditation is refused under section 66(1)(a) or 66(1)(b), VicRoads must notify the applicant for accreditation under this Part— (a) of the decision; and (b) that the applicant has a right to apply to VCAT under section 87. (2) If an application for accreditation is refused under section 66(1)(c) or 66(1)(d), VicRoads must notify the applicant for accreditation under this Part of the decision. (3) If VicRoads decides to refuse to accredit an applicant for accreditation under section 67 or 68, VicRoads must— (a) notify the applicant— (i) of the decision; and (ii) that the applicant has a right to seek review of the decision under section 88; and (b) give the applicant a statement of reasons for the decision. (4) A notification and a statement of reasons under this section must be— (a) made in writing; and (b) given to the applicant as soon as practicable after the application is refused. 70 Disqualification for applying for accreditation (1) If an application for accreditation is refused under this Part, VicRoads may, having regard to the industry accreditation objective, determine that the applicant is disqualified from applying for
S. 98(1) substituted by No. 40/2011 s. 6. (1) A person who does not hold a tow truck driver accreditation (where subsection (1B) does not apply) must not drive a licensed tow truck or a tow truck that is being used for the purposes of providing accident towing services. Penalty: 60 penalty units. S. 98(1A) inserted by No. 40/2011 s. 6. (1A) A person who does not hold a tow truck driver accreditation (where subsection (1C) does not apply) must not accompany the driver of a licensed tow truck or a tow truck that is being used for the purposes of providing accident towing services. Penalty: 60 penalty units. S. 98(1B) inserted by No. 40/2011 s. 6. (1B) A person who does not hold a tow truck driver accreditation where— (a) that person has previously held a tow truck driver accreditation and has failed to renew that accreditation; and (b) an application by that person for the renewal of that accreditation would not be refused under section 107, 108 or 109— must not drive a licensed tow truck or a tow truck that is being used for the purposes of providing accident towing services. Penalty: 30 penalty units. S. 98(1C) inserted by No. 40/2011 s. 6. (1C) A person who does not hold a tow truck driver accreditation where— (a) that person has previously held a tow truck driver accreditation and has failed to renew that accreditation; and (b) an application by that person for the renewal of that accreditation would not be refused under section 107, 108 or 109—