sec.47Producing smartcard accreditation when offering to tow damaged motor vehicles

sec.47 Producing smartcard accreditation when offering to tow damaged motor vehicles

This section applies if— a motor vehicle is damaged in an incident in a regulated area; and the holder of a driver accreditation— attends the scene of the incident; and makes an offer to a person to operate a tow truck to tow the vehicle from the scene of the incident; and the accreditation document for the driver accreditation is in the form, or partly in the form, of a smartcard accreditation. See also— section 13 (2) for the form of a smartcard accreditation; and the Transport Planning and Coordination Regulation 2017 , section 7 for when an interim transport authority has effect as a smartcard transport authority. The holder must, either before or when making the offer, produce the smartcard accreditation for inspection by the person unless the holder has a reasonable excuse. Maximum penalty—40 penalty units. It is not a reasonable excuse for the holder to fail to comply with subsection (2) that the holder does not have the smartcard accreditation in the holder’s immediate possession other than because the smartcard accreditation has been lost or stolen. See also section 42 for the holder’s obligation if an accreditation document has been damaged, lost or stolen. To remove any doubt, it is declared that this section applies whether or not the person asks the holder to produce the smartcard accreditation. (sec.47-ssec.1) This section applies if— a motor vehicle is damaged in an incident in a regulated area; and the holder of a driver accreditation— attends the scene of the incident; and makes an offer to a person to operate a tow truck to tow the vehicle from the scene of the incident; and the accreditation document for the driver accreditation is in the form, or partly in the form, of a smartcard accreditation. See also— section 13 (2) for the form of a smartcard accreditation; and the Transport Planning and Coordination Regulation 2017 , section 7 for when an interim transport authority has effect as a smartcard transport authority. (sec.47-ssec.2) The holder must, either before or when making the offer, produce the smartcard accreditation for inspection by the person unless the holder has a reasonable excuse. Maximum penalty—40 penalty units. (sec.47-ssec.3) It is not a reasonable excuse for the holder to fail to comply with subsection (2) that the holder does not have the smartcard accreditation in the holder’s immediate possession other than because the smartcard accreditation has been lost or stolen. See also section 42 for the holder’s obligation if an accreditation document has been damaged, lost or stolen. (sec.47-ssec.4) To remove any doubt, it is declared that this section applies whether or not the person asks the holder to produce the smartcard accreditation.

• (a) a motor vehicle is damaged in an incident in a regulated area; and
• (b) the holder of a driver accreditation— (i) attends the scene of the incident; and (ii) makes an offer to a person to operate a tow truck to tow the vehicle from the scene of the incident; and