Accident Towing Services Amendment Regulations 2022 (Vic)

Accident Towing Services Amendment Regulations 2022

S.R. No. 128/2022

table of provisions

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Substitute tow truck

5Cancellation of authorisation

6Method of receiving payment for outstanding charges

7New Part 11 inserted

8Schedule 2—Accident towing demerit points amended

9Schedule 3—Infringements amended

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Endnotes

statutory rules 2022

S.R. No. 128/2022

Accident Towing Services Act 2007

Accident Towing Services Amendment Regulations 2022

The Governor in Council makes the following Regulations:

Dated: 25 October 2022

Responsible Minister:

BEN CARROLL
Minister for Roads and Road Safety

Alexandra Debeljakovic

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Accident Towing Services Regulations 2019—

(a)to provide that the depot specified in the licence under which a substitute tow truck operates be the same as for the rostered tow truck it replaces; and

(b)to allow a person who owes money in respect of salvage fees to make payment by way of cash, credit or debit card; and

(c)to prescribe fees for applications made under the Act; and

(d)to make amendments consequential to the enactment of the Transport Legislation Amendment Act 2020.

2Authorising provision

These Regulations are made under section 223 of the Accident Towing Services Act 2007.

3Commencement

These Regulations come into operation on 31 October 2022.

4Substitute tow truck

(1)For regulation 39(1) of the Accident Towing Services Regulations 2019[1] substitute—

"(1)The licence holder who has been authorised to cause a rostered tow truck to attend a road accident scene must not cause another tow truck to attend the scene in substitution for the rostered tow truck unless—

(a)the depot specified in the licence under which the substitute tow truck operates is the same depot specified in the licence under which the rostered tow truck operates; and

(b)an allocation roster entitlement applies to the tow truck licence under which the substitute tow truck operates.

Penalty:20 penalty units.".

(2)In regulation 39(2) of the Accident Towing Services Regulations 2019 omit ", other than regulation 31".

5Cancellation of authorisation

Regulation 40(1)(b) of the Accident Towing Services Regulations 2019 is revoked.

6Method of receiving payment for outstanding charges

In regulation 48(2) of the Accident Towing Services Regulations 2019—

(a)in paragraph (c), for "Act." substitute "Act;";

(b)after paragraph (c) insert—

"(d)salvage fees charged in accordance with the Act.".

7New Part 11 inserted

After Part 10 of the Accident Towing Services Regulations 2019 insert—

"Part 11—Application fees

56Application fee—substitution of specified tow truck

For the purposes of section 27(5)(ab) of the Act, the prescribed fee for an application to substitute the tow truck specified in a tow truck licence for another tow truck is 5⋅27 fee units.

57 Application fee—transfer of tow truck licence

For the purposes of section 30(2)(ab) of the Act, the prescribed fee for an application to transfer a tow truck licence to another person is 13⋅77 fee units.

58Application fee—temporary permit

For the purposes of section 35(4A) of the Act, the prescribed fee for an application for a temporary permit is 1⋅77 fee units.

59Application fee—tow truck operating accreditation

For the purposes of section 60(1)(c)(i) of the Act, the prescribed fee for an application for the grant or renewal of a towing operator accreditation or a towing depot manager accreditation is 5⋅27 fee units.

60Application fee—replacement certificate of accreditation

For the purposes of section 76(3) of the Act, the prescribed fee for an application for a replacement certificate of accreditation for a towing operator or a towing depot manager is 1⋅77 fee units.

61 Application fee—tow truck driver accreditation

For the purposes of section 102(1)(c)(i) of the Act, the prescribed fee for an application for the grant or renewal of a tow truck driver accreditation is 5⋅27 fee units.

62Application fee—replacement certificate of accreditation

For the purposes of section 116(2) of the Act, the prescribed fee for an application for a replacement certificate of accreditation for a tow truck driver is 1⋅77 fee units.

63Application fee—tow truck trainee permit

For the purposes of section 140E(1)(c)(i) of the Act, the prescribed fee for an application for a tow truck trainee permit is 1⋅77 fee units.".

8Schedule 2—Accident towing demerit points amended

In Schedule 2 to the Accident Towing Services Regulations 2019—

(a)for item 36 substitute—

"36 Accompanying the driver of a tow truck that is providing accident towing services (whether or not the tow truck is a licensed tow truck) without holding a tow truck driver accreditation ATSA 98(1A) 2 ";

(b)for item 38 substitute—

"38 Accompanying the driver of a tow truck that is providing accident towing services (whether or not the tow truck is a licensed tow truck) with an expired tow truck driver accreditation ATSA 98(1C) 1 ".

9Schedule 3—Infringements amended

In Schedule 3 to the Accident Towing Services Regulations 2019, for item 47 substitute—

"47 While being the holder of a tow truck driver accreditation, allowing another person to drive a licensed tow truck or a tow truck being used to provide accident towing services or be a passenger in a tow truck that is providing accident towing services (whether or not the tow truck is a licensed tow truck) when that other person is not accredited Section 98(2) of the ATSA 8 penalty units 4418".

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Endnotes

[1] Reg. 4(1): S.R. No. 139/2019 as amended by S.R. No. 148/2019.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2022 is $15.29. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.