27Notice requiring repairs

27 Notice requiring repairs

(1) An authorised officer who inspects a tow truck under regulation 26 may serve a notice on a licence holder requiring the licence holder to fix the matters set out in the notice if the officer finds that the tow truck—

(a) is unsafe, unsuitable or unfit for use for the purpose of providing accident towing services; or

(b) does not comply with the Act or these Regulations or with a condition of the relevant tow truck licence.

(2) A notice under subregulation (1) must—

(a) include sufficient details to identify the vehicle to which it relates; and

(b) clearly set out the matters which must be fixed.

(3) The licence holder must not allow a tow truck to be driven or used as a tow truck for the purpose of providing accident towing services if the matters set out in the notice have not been fixed.

1. 20 penalty units.

Reg. 27(4) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 17(a)).

(4) The Secretary may withdraw or amend a notice served under subregulation (1), either on the written request of the licence holder or of the Secretary's own accord, if it appears that the notice was wrongly issued or otherwise defective.

Reg. 27(5) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 17(b)).

(5) The Secretary must notify the licence holder of a decision made under subregulation (4) to withdraw or amend a notice as soon as practicable.