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 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.