21Exemption from requirement to hold licence

21 Exemption from requirement to hold licence

21 Exemption from requirement to hold licence

(1) A person who carries on a business as a tow truck operator is exempt from the requirement under section 15 of the Act to hold a licence if—

(a) the person holds an exemption that is in force, and

(b) the person complies with the conditions of the exemption stated in subclause (2).

Note.

A person who is exempt from the requirement under the Act to hold a licence because of this clause continues to be subject to the remainder of the Act.

(2) An exemption is subject to the following conditions—

(a) tow trucks used in the business must only be used for towing work that is the collection of motor vehicles for conveyance to a scrap metal business registered under the Scrap Metal Industry Act 2016 (that is, tow trucks must not be used in towing work that involves the collection of motor vehicles for conveyance to a facility for repair, reuse or resale, either in their original form or as parts),

(b) a copy of the exemption certificate must be carried at all times in each tow truck used in the business of the person who holds the exemption (the business),

(c) the approved signs issued with the exemption certificate, or at a later time, must be displayed on the front and rear of each tow truck used in the business in positions where the signs are visible to persons outside the tow truck when the tow truck is being used to load, tow or unload a motor vehicle,

(d) the holder of the exemption must produce the exemption certificate to an authorised officer or police officer on request whenever the holder is at the place of business specified in the exemption certificate,

(e) any tow truck used in the business must be one on which a crane is mounted,

(f) any tow truck used in the business must not be a tilt table top tow truck,

(g) a list of all drivers who drive a tow truck used in the business must be maintained at the place of business specified in the exemption certificate,

(h) the list of drivers must be made available to an authorised officer or police officer on request,