20Licence conditions

#### 20 Licence conditions 20 Licence conditions > > (1) A licence may be granted subject to such conditions as may be specified in the licence. > > > (2) In addition to the conditions specified in a licence, a licence is subject to the following conditions— > > > > > (a) the licensee must take all reasonable precautions to prevent loss of or from, or damage to, any motor vehicle that— > > > > > > > (i) is towed by a tow truck operated under the licence, or > > > > > > > (ii) is being held in the licensee’s holding yard, or > > > > > > > (iii) is otherwise under the control of the licensee, > > > > > (b) the licensee must keep the records and documents required to be made by the licensee under this Act or the regulations at the licensee’s place of business, > > > > > (c) the licensee must permit an authorised officer or police officer to enter that place of business at any reasonable time for the purpose of exercising any function under Part 5, > > > > > (c1) the licensee must maintain at least one holding yard which must be no more than 10 kilometres from the licensee’s place of business (unless the Secretary approves of it being a greater distance from that place), > > > > > (d) the licensee must not, in the course of carrying on business, use a holding yard other than a holding yard specified in the licence, > > > > > (d1) the licensee must allow the owner of any motor vehicle stored at any holding yard used by the licensee in the course of the licensee’s business, or the owner’s agent, to— > > > > > > > (i) have reasonable access to the motor vehicle, during business hours and at no charge to the owner, to collect items from the motor vehicle, and > > > > > > > (ii) remove the motor vehicle from the holding yard after the owner, or the owner’s agent, has paid the fees that have been charged by the licensee in accordance with the regulations for the towing, salvage or storage of the motor vehicle, or for a service that is related to or ancillary to the towing, salvage or storage of the motor vehicle, > > > > > (d2) the licensee must not remove a vehicle stored at a holding yard used by the licensee in the course of the licensee’s business for the following purposes unless authorised to do so by the owner of the motor vehicle, or the owner’s agent— > > > > > > > (i) repairing the motor vehicle, > > > > > > > (ii) obtaining a quotation for repair, > > > > > (e) the licensee must ensure that any licensed tow truck displays the distinctive number-plate issued for the tow truck by the Secretary under this Act, > > > > > (f) the licensee must ensure that any licensed tow truck, and its equipment, comply with the requirements of this Act or the regulations (or any other law) with respect to the design, construction and serviceability of the tow truck or its equipment, > > > > > (g) the licensee must ensure that the requirements of any law with respect to the limitation of hours of driving a tow truck are complied with, > > > > > (h) the licensee must not charge a fee for the towing, salvage or storage of a motor vehicle, or for any service that is related to or ancillary to the towing, salvage or storage of a motor vehicle, if the charging of the fee would be in contravention of the regulations, and must not demand, receive or accept such a fee, > > > > > (i) the licensee must not charge a fee for work that was not actually done by the licensee or by an employee or subcontractor of the licensee, > > > > > (i1) in the case of a licence granted for a term of 3 or 5 years—the licensee must, within 28 days of receiving a notice from the Secretary relating to such of the licensee’s licence particulars, insurance particulars and particulars of close associates as are specified in the notice— > > > > > > > (i) confirm that the particulars specified in the notice are still accurate, or > > > > > > > (ii) provide details of any change in any of those particulars, and provide any documents relating to those particulars, that may be specified in the notice, > > > > > (i2) the licensee must notify the Secretary, as soon as practicable, of any change in the licensee’s licence particulars, insurance particulars and particulars of close associates that are prescribed by the regulations, and must provide the Secretary with any documents relating to those particulars that are prescribed by the regulations, > > > > > (j) the licensee must keep the licence at the licensee’s place of business, > > > > > (k) the licensee must ensure that a copy of the licence is kept in each licensed tow truck, > > > > > (l) such other conditions as may be prescribed by the regulations. > > **s 20:** Am 2008 No 83, Sch 1 \[5\]–\[7\]; 2020 No 30, Sch 1.47\[1\]; 2021 No 23, Sch 1.17\[1\] \[2\].