sec.10Grounds for refusing applications relating to operator accreditations— Act , ss 18 , 25 and 31

sec.10 Grounds for refusing applications relating to operator accreditations— Act , ss 18 , 25 and 31

This section applies in relation to the following applications— an application for an operator accreditation made under section 17 of the Act ; a renewal application to renew an operator accreditation; an amendment application to amend an operator accreditation. For sections 18 (3) (b) , 25 (3) (b) and 31 (3) of the Act , the ground that the application does not comply with the criteria stated in subsections (3) to (5) is prescribed for the application. For subsection (2) , a motor vehicle to be used as a tow truck under the accreditation must— be a tow truck that is— a class 1T tow truck, class 2T tow truck, class 3T tow truck, class 4T tow truck or class 5T tow truck under schedule 1 , section 2 ; or a class 1 tow truck, class 2 tow truck, class 3 tow truck or class 4 tow truck under schedule 1 , section 3 ; and be registered under the Transport Operations (Road Use Management) Act 1995 ; and comply with schedule 1 , sections 5 , 7 and 8 ; and for an application other than a renewal application—have markings on each side of the tow truck, or on signs attached to each side of the tow truck, that— display the business name, business address and telephone number of the tow truck business to which the application relates; and display the classification of the tow truck under schedule 1 , part 2 ; and are clearly legible at a distance of 30m; and for a renewal application—comply with schedule 1 , section 6 . Also, the application must comply with 1 of the following— any premises to be used as a holding yard for the accreditation is owned or leased by— the applicant only; or if the applicant is a partnership—1 or more of the partners in the partnership only; any premises to be used as a holding yard for the accreditation is an authorised holding yard for another operator accreditation and is owned or leased by— the holder of the other operator accreditation only; or if the holder of the other operator accreditation is a partnership—1 or more of the partners in the partnership only; the applicant has sufficient control of any premises to be used as a holding yard for the accreditation to prevent— unauthorised persons from entering the premises; and the unauthorised removal of motor vehicles and property from the premises. Further, any premises to be used as a holding yard for the accreditation must— be enclosed by a prescribed fence that is structurally sound and has lockable gates and doors; or have another barrier sufficient to prevent— unauthorised persons from entering the premises; and the unauthorised removal of motor vehicles and property from the premises. (sec.10-ssec.1) This section applies in relation to the following applications— an application for an operator accreditation made under section 17 of the Act ; a renewal application to renew an operator accreditation; an amendment application to amend an operator accreditation. (sec.10-ssec.2) For sections 18 (3) (b) , 25 (3) (b) and 31 (3) of the Act , the ground that the application does not comply with the criteria stated in subsections (3) to (5) is prescribed for the application. (sec.10-ssec.3) For subsection (2) , a motor vehicle to be used as a tow truck under the accreditation must— be a tow truck that is— a class 1T tow truck, class 2T tow truck, class 3T tow truck, class 4T tow truck or class 5T tow truck under schedule 1 , section 2 ; or a class 1 tow truck, class 2 tow truck, class 3 tow truck or class 4 tow truck under schedule 1 , section 3 ; and be registered under the Transport Operations (Road Use Management) Act 1995 ; and comply with schedule 1 , sections 5 , 7 and 8 ; and for an application other than a renewal application—have markings on each side of the tow truck, or on signs attached to each side of the tow truck, that— display the business name, business address and telephone number of the tow truck business to which the application relates; and display the classification of the tow truck under schedule 1 , part 2 ; and are clearly legible at a distance of 30m; and for a renewal application—comply with schedule 1 , section 6 . (sec.10-ssec.4) Also, the application must comply with 1 of the following— any premises to be used as a holding yard for the accreditation is owned or leased by— the applicant only; or if the applicant is a partnership—1 or more of the partners in the partnership only; any premises to be used as a holding yard for the accreditation is an authorised holding yard for another operator accreditation and is owned or leased by— the holder of the other operator accreditation only; or if the holder of the other operator accreditation is a partnership—1 or more of the partners in the partnership only; the applicant has sufficient control of any premises to be used as a holding yard for the accreditation to prevent— unauthorised persons from entering the premises; and the unauthorised removal of motor vehicles and property from the premises. (sec.10-ssec.5) Further, any premises to be used as a holding yard for the accreditation must— be enclosed by a prescribed fence that is structurally sound and has lockable gates and doors; or have another barrier sufficient to prevent— unauthorised persons from entering the premises; and the unauthorised removal of motor vehicles and property from the premises.