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](/view/html/inforce/current/act-2016-042) (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, > > > > > (i) only a person who is listed on the list of drivers may drive a tow truck used in the business, > > > > > (j) each driver who drives a tow truck used in the business must be informed of the conditions that the exemption is subject to, > > > > > (k) the holder of the exemption must notify the Secretary in writing of the following matters— > > > > > > > (i) any proposed change in the particulars specified in the exemption certificate, at least 7 days before the proposed change occurs, > > > > > > > (ii) the name of any driver who, in addition to the drivers nominated in the application for an exemption, is proposed to drive a tow truck used in the business, > > > > > > > (iii) the registration number, make and model of any tow truck, in addition to any tow truck nominated in the application for an exemption, proposed to be used in the applicant’s business, > > > > > (l) a record (a towing record) of all motor vehicles transported on a tow truck used in the business must— > > > > > > > (i) be maintained at the place of business specified in the exemption certificate, and > > > > > > > (ii) be made available to an authorised officer or police officer on request, > > > > > (m) the towing record must include the following details in relation to each motor vehicle transported— > > > > > > > (i) the date and time when the motor vehicle was transported, > > > > > > > (ii) details of where the motor vehicle was transported from and the destination of the tow, > > > > > > > (iii) the following identification details— > > > > > > > > > (A) the registration number of the motor vehicle, > > > > > > > > > (B) if the vehicle does not have a registration number—the vehicle’s VIN, > > > > > > > > > (C) if the vehicle does not have a VIN—the chassis number or the engine number of the vehicle, > > > > > > > > > (D) if the vehicle does not have a registration number, VIN, chassis number or engine number or the numbers are obscured—the make, model and colour of the vehicle, > > > > > (n) the towing record— > > > > > > > (i) must be in the approved form, and > > > > > > > (ii) must be completed as soon as practicable in relation to each occasion on which a tow truck is used or operated in the business to transport a motor vehicle, > > > > > (o) each towing record must be maintained at the place of business specified in the exemption certificate for 5 years, > > > > > (p) the holder of the exemption must not— > > > > > > > (i) forge or fraudulently alter an exemption certificate (whether or not it is in force), or > > > > > > > (ii) give possession of an exemption certificate to another person for the purpose of using it, or it being used, unlawfully, or > > > > > > > (iii) knowingly have possession of a forged or fraudulently altered exemption certificate, > > > > > (q) the holder of the exemption must, within 7 days of becoming aware that the exemption certificate has been lost, stolen, damaged, destroyed, altered or defaced— > > > > > > > (i) notify the Secretary in writing of that occurrence, and > > > > > > > (ii) in the case of a damaged, altered or defaced exemption certificate—return it to the Secretary, > > > > > (r) the holder of the exemption must not in any way suggest or imply that the holder may, because of the exemption, exercise any function other than a function allowed under the exemption (and must not exercise a function allowed under the exemption otherwise than in accordance with this subclause), > > > > > (s) a driver who drives a tow truck used in the business must not— > > > > > > > (i) in any way suggest or imply that the driver may, because of the exemption, exercise any function apart from a function allowed under the exemption, or > > > > > > > (ii) exercise the function allowed under the exemption otherwise than in accordance with the conditions of the exemption, > > > > > (t) the holder of the exemption must not in any way use or attempt to use the exemption certificate to exercise any function apart from a function allowed under the exemption, > > > > > (u) a driver who drives a tow truck used in the business must not in any way use or attempt to use the exemption certificate to exercise any function apart from a function allowed under the exemption. > > > > Note. > > > > Under section 33A(7) of the Act, a person who holds an exemption is guilty of an offence if a condition of the exemption is contravened. > > > (3) A person who drives a tow truck used in the business of a person who holds an exemption is guilty of an offence if the driver contravenes a condition of the exemption specified in subclause (2)(c), (s) or (u). > > > > Maximum penalty—25 penalty units.