184 213 Power of VicRoads to determine fees 184 214 Power of delegation 184 215 Offence to provide false or misleading information 184 216 No compensation payable 185 217 Service of documents on natural persons 186 218 Service of documents on corporations and address of corporations 187 219 When service deemed to be effective 187 220 Evidentiary provisions 188 221 Offences by bodies corporate 189 222 Conduct by officers, employees or agents 189 223 Regulations 191 224 Transitional provisions for commencement of new Scheme 194 __________________ SCHEDULES 195 SCHEDULE 1—Industry Accreditation Offences 195 1 Serious violent offences 195 2 Fraud, dishonesty, violence, sexual offences or drug trafficking 195 3 Other offences 196 SCHEDULE 2—Driver Accreditation Offences 197 1 Serious violent offences and sexual offences 197 2 Fraud, dishonesty, violence, sexual offences or drug trafficking 197 3 Other offences 198 SCHEDULE 3—Transitional Provisions for new Accident Towing Services Scheme 199 1 Definitions 199 2 Tow Truck Driver Authorities 200 3 Accident towing licences 201 4 Operator accreditations 202 5 Demerit points 203 6 Determination of tow truck charges 203 7 Continuation of operation of regulations 203 8 Saving of references in agreements etc. 204 9 Melbourne controlled area 204 10 Determinations of eligibility 204
(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
S. 3(1) def. of basic salvage service inserted by No. 40/2011 s. 4(1). basic salvage service means the service of salvaging a motor vehicle— (a) using one or more tow trucks that are not heavy tow trucks; and (b) without using a mobile crane; S. 3(1) def. of Chief of Police amended by No. 37/2014 s. 10(Sch. item 3.1(b)). Chief Commissioner of Police means the Chief Commissioner of Police appointed under the Victoria Police Act 2013; Commission means the Essential Services Commission established under the Essential Services Commission Act 2001; controlled area means any area declared to be a controlled area under section 46; corporation has the same meaning as in section 9 of the Corporations Act; s. 3 daily storage charge means an amount determined by the Minister under section 211 as the fee to be paid each day for the storing of an accident damaged motor vehicle; S. 3(1) def. of Department amended by No. 70/2013 s. 4(Sch. 2 item 1.1). Department means the Department of Transport, Planning and Local Infrastructure; depot means a premises from which tow trucks are being operated in the course of an accident towing service business; S. 3(1) def. of designated road amended by No. 70/2012 s. 13(2). designated road means— (a) the Link road; (b) the Extension road;
(c) EastLink; (ca) the Peninsula Link Freeway; (d) any freeway within the meaning of the Road Management Act 2004; (e) any road that has been declared under section 119A of the Road Management Act 2004 to be a road to which that section applies; director, in relation to a corporation, has the same meaning as it has in section 9 of the Corporations Act; drive, in relation to a motor vehicle, includes being in control of the motor vehicle; driver accreditation objective means the objective set out in section 97; EastLink has the same meaning as in the EastLink Project Act 2004; Extension road has the same meaning as in the Link Act 1995; Freeway Corporation has the same meaning as in the EastLink Project Act 2004; s. 3 S. 3(1) def. of heavy tow truck repealed by No. 28/2009 s. 62(2), new def. of heavy tow truck inserted by No. 40/2011 s. 4(1). heavy tow truck means a tow truck that is capable of towing a motor vehicle that has a gross vehicle mass of 4 tonnes or more; heavy tow truck licence means a licence under section 11; industry accreditation objective means the objective set out in section 55;
(2) If an application is made to VicRoads under subsection (1) and VicRoads is satisfied that there has been a relevant change of circumstances in relation to the applicant, VicRoads must declare that the disqualification in relation to the applicant ceases to have effect. (3) In this section a relevant change of circumstances includes where— (a) a finding of guilt of the person is quashed or set aside by a court after the date of the disqualification; or (b) a finding on which the decision to disqualify the person was based is quashed or set aside after the date of the disqualification. Division 3—Accreditation conditions and service standards 72 Conditions on accreditation s. 72 (1) In accrediting an applicant under this Part, VicRoads may limit the accreditation in any way it thinks appropriate, taking into account the industry accreditation objective, including— (a) imposing conditions on the accreditation that are not inconsistent with any condition applicable under subsection (2); or (b) restricting the accreditation. Example VicRoads may, in the case of a towing operator accreditation, restrict the accreditation to the operation of tow trucks in a particular geographical area.
(b) in the case of an application under subsection (1)(b)— (i) direct VicRoads to reinstate the accreditation of the applicant; or (ii) refer the matter to VicRoads to consider whether disciplinary action should be taken against the applicant under section 80; or (c) in any case, dismiss the application. (3) VCAT must not make an order directing VicRoads to accredit an applicant under subsection (2)(a)(i) unless VCAT is satisfied that— (a) the issuing of accreditation is appropriate having regard to the industry accreditation objective; and s. 87 (b) the applicant is suitable to be accredited; and (c) the applicant has complied with the application requirements under this Part. (4) VCAT must not make an order directing VicRoads to reinstate the accreditation of the applicant under subsection (2)(b)(i) unless VCAT is satisfied that— (a) accreditation is appropriate having regard to the industry accreditation objective; and (b) the applicant is suitable to be accredited. (5) In making an order under subsection (2) in a matter involving an offence listed in clause 1 of Schedule 1 VCAT may have regard to— (a) any matter referred to in section 68(4)(a) to 68(4)(i); and (b) any other matter that VCAT considers relevant.
S. 121 amended by No. 28/2009 s. 74(2) (ILA s. 39B(1)). (1) The holder of a tow truck driver accreditation must produce his or her certificate of accreditation if— (a) he or she is driving a tow truck in circumstances in which he or she is required under this Part to be accredited; and S. 121(1)(b) amended by No. 28/2009 s. 74(1). (b) he or she is asked to produce the certificate by— (i) an authorised officer; or S. 121(1)(b)(ii) substituted by No. 37/2014 s. 10(Sch. item 3.4(a)). (ii) a police officer; or (iii) the owner or driver of an accident damaged motor vehicle that is being, or is about to be, towed by the holder of the accreditation. 15 penalty units. S. 121(2) inserted by No. 28/2009 s. 74(2). (2) The holder of a tow truck driver accreditation must produce his or her certificate of accreditation if— (a) he or she is accompanying the driver of a tow truck in circumstances in which he or she is required under this Part to be accredited; and (b) he or she is asked to produce the certificate by— (i) an authorised officer; or S. 121(2)(b)(ii) substituted by No. 37/2014 s. 10(Sch. item 3.4(b)). (ii) a police officer; or
to the place specified in the authority to tow in accordance with subsection (1) must ensure that the motor vehicle is stored at a secure area at the place specified in the authority to tow at all times unless— (a) it is being removed to or stored at a secure area that is— (i) near the place specified in the authority to tow; and (ii) approved by VicRoads as a place at which the holder of the tow truck licence may store accident damaged motor vehicles; or (b) it is being removed from a secure area described in paragraph (a) and towed to the place specified in the authority to tow. Penalty: 20 penalty units. (2) Without limiting subsection (1)(b), an accident damaged motor vehicle is removed pursuant to a valid authority if it is removed in compliance with a request by— S. 150(2)(a) amended by No. 37/2014 s. 10(Sch. item 3.6). (a) a police officer acting in the course of his or her duties; or (b) an insurer of the accident damaged motor vehicle acting with the consent of the owner; or s. 150 (c) a person who has a secured or an unsecured interest in the accident damaged motor vehicle. S. 150(3) inserted by No. 40/2011 s. 9(3). (3) The holder of a tow truck licence for a tow truck that is towing an accident damaged motor vehicle under an authority to tow is not entitled to recover
comply with any provision of an approved code of practice. __________________ Pt 8 (Heading) substituted as Pt 7A (Heading) by No. 40/2011 s. 14. Pt 7A Div. 1 (Heading) inserted by No. 40/2011 s. 15. Division 1—Determination of charges S. 211 amended by No. 40/2011 s. 16(a). 211 Minister to determine charges for accident towing services and other services s. 211 The Minister may from time to time determine the amounts that may be charged by the providers of the following— (a) accident towing services; S. 211(b) amended by No. 40/2011 s. 16(b). (b) the service of storing accident damaged motor vehicles; S. 211(c) inserted by No. 40/2011 s. 16(c). (c) basic salvage services— for the provision of those services. 212 Determinations of charges (1) The Minister must not make a determination under section 211 unless he or she—
S. 212(1)(a) amended by No. 6/2010 s. 203(1) (Sch. 6 item 1.3) (as amended by No. 45/2010 s. 22), substituted by No. 40/2011 s. 17. (a) has received a recommendation from the Commission under Division 2 on the matter; and (b) has received a report from VicRoads. (2) A determination of the Minister under section 211— (a) may be of general or of specially limited application; and (b) may differ according to differences in time, place or circumstance. (3) A determination under section 211 takes effect when it is published in the Government Gazette, or, if a later day is specified in the determination, on that day. (4) A determination under section 211 may be amended or revoked and the provisions of this section apply to any such amendment or revocation of a determination in the same manner as that in which they apply to the making of the determination. Pt 7A Div. 2 (Heading and ss inserted by No. 40/2011 s. 18. Division 2—Review of charges S. 212A inserted by No. 40/2011 s. 18. 212A Periodic review of charges s. 212A (1) The Commission must, at the time specified in subsection (3), conduct and complete a review and
Table of Amendments This Version incorporates amendments made to the Accident Towing Services Act 2007 by Acts and subordinate instruments. Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Accident Towing Services Act 2007, No. 30/2007 Assent Date: 24.7.07 Commencement Date: S. 239 on 1.1.10: s. 239 : This information relates only to the provision/s amending the Accident Towing Services Act 2007 Road Legislation Amendment Act 2009, No. 28/2009 Assent Date: 17.6.09 Commencement Date: Ss 62–86 on 18.6.09: s. 2(1) : This information relates only to the provision/s amending the Accident Towing Services Act 2007 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 4) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Accident Towing Services Act 2007 Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009 Assent Date: 15.12.09 Commencement Date: Ss 32–35 on 17.12.09: Government Gazette 17.12.09 p. 3339 : This information relates only to the provision/s amending the Accident Towing Services Act 2007 Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010) Assent Date: 2.3.10 Commencement Date: Ss 24(5)(Sch. 1 item 1), 203(1)(Sch. 6 item 1) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 : This information relates only to the provision/s amending the Accident Towing Services Act 2007 Accident Towing Services Amendment Act 2011, No. 40/2011 Assent Date: 6.9.11 Commencement Date: Ss 3–21, Sch. on 7.9.11: s. 2 : This information relates only to the provision/s amending the Accident Towing Services Act 2007