22Exemptions from specified depot requirements

22 Exemptions from specified depot requirements

Reg. 22(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 15(a)(i)).

(1) The Secretary may wholly or partially exempt a licence holder from having to comply with regulation 21(1) if—

(a) the specified depot for the licensed tow truck is located outside a controlled area; and

Reg. 22(1)(b) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 15(a)(ii)).

(b) the Secretary is satisfied that it would impose an unreasonable burden on the licence holder to require compliance with regulation 21(1).

Reg. 22(2) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 15(a)).

(2) The Secretary may wholly or partially exempt a licence holder from having to comply with regulation 21(5)(b) if the Secretary is satisfied that—

(a) the granting of the exemption or partial exemption would improve the efficiency of the accident towing service provided by the licence holder; and

(b) the granting of the exemption would not unreasonably impact on the accident towing service business of another licence holder.

Reg. 22(3) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 15(b)).

(3) An exemption under subregulation (1) or (2) must be in writing and may be subject to any conditions that the Secretary considers fit.

Reg. 22(4) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 15(c)).

(4) Before granting an exemption under subregulation (2), the Secretary must consult with any other licence holder that the Secretary believes may be adversely affected by the decision to grant an exemption.