212IOffence to charge unreasonable sum or sum different to charge determined under section 211

212I Offence to charge unreasonable sum or sum different to charge determined under section 211

(1) A person must not charge an amount for the provision of an accident towing service, for the storage of an accident damaged motor vehicle or for the provision of salvage services unless—

(a) if a determination for the service has been made under section 211, the charge is determined in accordance with that determination; or

(b) if no determination for the service has been made under section 211, the charge is a reasonable charge for the provision of that service.

(2) Without limiting the factors the court may consider in determining what is a reasonable charge for the provision of an accident towing service for the purposes of subsection (1)(b), the court must consider those of the following factors that are relevant—

(a) the nature of the service provided;

(b) the day on which the service is provided;

(c) the time at which the service is provided;

(d) any administration costs incurred in the provision of the service;

(e) the amount that would be charged for the provision of a similar service that is not an accident towing service;

(f) the amount that would be charged for the same or similar service by any other person providing accident towing services in the same or similar area.

(3) In any proceedings against a person for an offence under subsection (1), if the offence is proved, the court may order that person to refund any amount paid in excess of the amount that may be charged under subsection (1).

S. 212J inserted by No. 40/2011 s. 18.