98Offence to drive licensed tow truck or tow truck providing accident towing services without accreditation

98 Offence to drive licensed tow truck or tow truck providing accident towing services without accreditation

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.

S. 98(1A) inserted by No. 40/2011 s. 6, amended by No. 41/2020 s. 3(1).

(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 tow truck that is being used for the purpose of providing accident towing services (whether or not the tow truck is a licensed tow truck).

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.

S. 98(1C) inserted by No. 40/2011 s. 6, amended by No. 41/2020 s. 3(2).

(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—

must not accompany the driver of a tow truck that is being used for the purpose of providing accident towing services (whether or not the tow truck is a licensed tow truck).

(2) The holder of a tow truck driver accreditation must not allow a person to—

(a) drive a licensed tow truck or a tow truck that is being driven for the purpose of providing accident towing services and that is a tow truck that is apparently under the care and control of the holder of the accreditation; or

S. 98(2)(b) amended by No. 41/2020 s. 3(3).

(b) accompany the holder when the holder is driving a tow truck that is being used for the purpose of providing accident towing services (whether or not the tow truck is a licensed tow truck)—

unless that person holds a tow truck driver accreditation.

S. 98(3) substituted by No. 28/2009 s. 72.

(3) A person does not commit an offence under subsection (1) or (2) if—

(a) the person was the driver of, or a passenger in, the motor vehicle that is being towed by the tow truck and the person accompanies the driver of the tow truck—