86Stand-by tow trucks

#### 86 Stand-by tow trucks 86 Stand-by tow trucks > > (1) If a licensed tow truck is temporarily out of operation while undergoing repair or service, the licensee concerned may, with the approval of the Secretary, use and operate a tow truck not specified in the licence (a stand-by tow truck). > > > (2) The licensee may apply to the Secretary for approval of the use and operation of the stand-by tow truck. The application must be made at least 72 hours (or another time approved by the Secretary) before the stand-by tow truck is used and operated in place of the licensed tow truck specified in the application. > > > (3) The Secretary may approve the use and operation of a stand-by tow truck only if satisfied the following requirements will be complied with— > > > > > (a) the number-plate issued under section 57 of the Act to the licensed tow truck that is being replaced must be displayed on the stand-by tow truck, > > > > > (b) the stand-by tow truck must be registered within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) and display its registration number-plates, > > > > > (c) the stand-by tow truck must comply with the requirements of the Act and this Regulation, and with the conditions of the licence concerned, in relation to tow trucks, > > > > > (d) an approved sign must be displayed in the approved manner on the stand-by tow truck indicating that the tow truck is a stand-by tow truck. > > > (4) A licensee who is using or operating a stand-by tow truck must— > > > > > (a) ensure that the requirements specified in subclause (3) are complied with, and > > > > > (b) maintain a record, in the approved form, of the use and operation of the stand-by tow truck and keep that record in the approved manner. > > > > Maximum penalty—20 penalty units. > > > (5) A person must not hire, lease or supply a tow truck to a licensee for use and operation as a stand-by tow truck without the approval of the Secretary. > > > > Maximum penalty—20 penalty units. > > > (6) An approval to use and operate a stand-by tow truck may only be given if an application is made to the Secretary in the approved form and manner. > > > (7) While a stand-by tow truck is being used and operated in place of a licensed tow truck in accordance with this clause, the stand-by tow truck is taken to be a licensed tow truck for the purposes of the Act and this Regulation.