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Accident Towing Services Amendment (Licence Fees) Regulations 2010

S.R. No. 63/2010

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Regulation 13 substituted

13Lost, stolen or destroyed certificates

13AAnnual licence fees

13BAlteration of specified depot

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 63/2010

Accident Towing Services Act 2007

Accident Towing Services Amendment (Licence Fees) Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 30 June 2010

Responsible Minister:

TIM PALLAS
Minister for Roads and Ports

TOBY HALLIGAN

Clerk of the Executive Council

1Objective

The objective of these Regulations is to provide for certain fees to be payable in respect of tow truck licences.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 July 2010.

4Regulation 13 substituted

For regulation 13 of the Accident Towing Services Regulations 2008[1] substitute—

"13   Lost, stolen or destroyed certificates

(1)A licence holder must apply to VicRoads for a replacement tow truck licence certificate upon becoming aware that the tow truck licence certificate held by that person has been lost, stolen or destroyed.

Penalty:10 penalty units.

(2)An application under subregulation (1) must—

(a)be made in the manner and form determined by VicRoads; and

(b)be accompanied by a fee of 1·8 fee units.

(3)VicRoads must issue a replacement tow truck licence certificate for the purposes of subregulation (1) if it is satisfied that the certificate has been lost, stolen or destroyed.

13AAnnual licence fees

(1)If a regular tow truck licence has a specified depot in a controlled area, the holder of the tow truck licence must pay an annual licence fee of 70·13 fee units in respect of the tow truck for which the holder has the licence.

(2)If a regular tow truck licence has a specified depot not within a controlled area, the holder of the tow truck licence must pay an annual licence fee of 13·98 fee units in respect of the tow truck for which the holder has the licence.

(3)The holder of a heavy tow truck licence must pay an annual licence fee of 13·98 fee units in respect of the tow truck for which the holder has the licence.

(4)The annual licence fees required to be paid under this regulation are payable at the beginning of each financial year.

(5)Despite subregulation (4), if a person is issued with a regular tow truck licence or a heavy tow truck licence after the start of a financial year, the annual licence fee is to be reduced on a pro rata basis, calculated from the day the licence is issued.

(6)VicRoads may permit the holder of a regular tow truck licence that has a specified depot in a controlled area to pay the annual licence fee required to be paid under subregulation (1) in instalments.

13BAlteration of specified depot

(1)The holder of a tow truck licence may apply in writing to VicRoads for the depot specified in the tow truck licence to be altered.

(2)On receiving an application under subregulation (1), VicRoads may alter the depot specified in the tow truck licence by substituting another depot for the depot so specified.

(3)An application under subregulation (1) must—

(a)include—

(i)the tow truck licence number; and

(ii)the name, address and telephone number of the licence holder, and the Australian Company Number of the licence holder if the licence holder is a company; and

(iii)the address of the current depot; and

(iv)the address of the proposed depot; and

(v)the existing tow truck services available at or near the proposed depot; and

(vi)how the present tow truck services (if any) at or near the proposed depot are inadequate to meet all reasonable public demand; and

(vii)the advantages of the change of depot to the public at or near the proposed depot; and

(viii)the impact that the services from the proposed depot would have on any existing accident towing services businesses near the proposed depot; and

(ix)the effect on the public at or near the current depot, if the proposed depot change is approved; and

(b)be accompanied by—

(i)a fee of 13·98 fee units; and

(ii)a written statement from the municipal council in which the proposed depot would be located supporting the application; and

(iii)evidence that the applicant has the right to conduct an accident towing services business from the proposed depot; and

(iv)any other information the applicant wishes to provide in support of the application, including any written statement supporting the application from any other government body, industry group, company or individual.

(4)For the purposes of subregulation (3)(b)(iii), evidence that the applicant has the right to conduct an accident towing services business from the proposed depot includes—

(a)a council rates notice in the name of the licence holder; and

(b)a lease agreement giving the licence holder the right to conduct an accident towing services business from the proposed depot.".

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ENDNOTES

[1] Reg. 4: S.R. No. 169/2008 as amended by S.R. No. 80/2009.

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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 2010 is $11.95.  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 2010 is $119.45.

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.