NSWIn ForceRegulation
Tow Truck Industry Regulation 2020
90Exemption from requirement to hold drivers certificate for mechanic in course of repairing a tow truck
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#### 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—
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> > > (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
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> > > (b) in the course of assessing a tow truck for safety purposes or roadworthiness, and
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> > > (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.
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> > (2) The exemption is subject to the following conditions—
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> > > (a) the licensed mechanic must not perform an inspection or assessment at the scene of an accident,
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> > > (b) the licensed mechanic must produce their tradesperson’s certificate to an authorised officer or police officer on request.
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> > (3) A licensed mechanic is guilty of an offence if the mechanic contravenes a condition of an exemption.
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> > Maximum penalty (subclause (2)(a))—50 penalty units.
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> > Maximum penalty (subclause (2)(b))—15 penalty units.
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> > (4) In this clause—
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> > 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](/view/html/inforce/current/act-2013-107).
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> > motor vehicle repairer has the meaning given by section 6 of the [Motor Dealers and Repairers Act 2013](/view/html/inforce/current/act-2013-107).
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> > repair work has the meaning given by section 6 of the [Motor Dealers and Repairers Act 2013](/view/html/inforce/current/act-2013-107).