90Exemption from requirement to hold drivers certificate for mechanic in course of repairing a tow truck

90 Exemption from requirement to hold drivers certificate for mechanic in course of repairing a tow truck

90 Exemption from requirement to hold drivers certificate for mechanic in course of repairing a tow truck

(1) For the purposes of section 6(3) of the Act, a licensed mechanic who drives a tow truck is exempt from the requirements relating to drivers certificates in the following circumstances—

(a) in the course of inspecting or assessing a tow truck to determine the nature and extent of repair work to be undertaken on the tow truck, or

(b) in the course of assessing a tow truck for safety purposes or roadworthiness, and

(c) where that inspection or assessment is performed within 5 kilometres of any licensed place of business of the motor vehicle repairer by whom the licensed mechanic is employed and with whom the agreement for repair work is in place.

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

(a) the licensed mechanic must not perform an inspection or assessment at the scene of an accident,

(b) the licensed mechanic must produce their tradesperson’s certificate to an authorised officer or police officer on request.

(3) A licensed mechanic is guilty of an offence if the mechanic contravenes a condition of an exemption.

Maximum penalty (subclause (2)(a))—50 penalty units.

Maximum penalty (subclause (2)(b))—15 penalty units.

(4) In this clause—

licensed mechanic means the holder of a relevant tradesperson’s certificate or another suitably qualified person as described in section 16(1) of the Motor Dealers and Repairers Act 2013.

motor vehicle repairer has the meaning given by section 6 of the Motor Dealers and Repairers Act 2013.

repair work has the meaning given by section 6 of the Motor Dealers and Repairers Act 2013.