These regulations may be cited as the Land Transport (Requirements for Storage and Towage of Impounded Vehicles) Regulations 1999.

These regulations come into force on 3 May 1999.

In these regulations, unless the context otherwise requires,—

Every arrangement must include the conditions, requirements, and other provisions specified in regulations 4 to 12.

A person may act as an approved vehicle recovery service operator only if the person is the holder of a vehicle recovery service licence.

A person may act as an approved storage provider only if the person is—

An employee who is likely, in the course of his or her duties, to have contact with members of the public or access to impounded vehicles may carry out those duties only if the employee is—

In determining whether or not a person is a fit and proper person for the purposes of regulation 4, the Commissioner or an authorised officer may have regard, and may give such relative weight as he or she thinks fit, to the following matters:

An approved storage provider must ensure that impounded vehicles, and personal property in or on them at the time of seizure, that are in the care of the provider are stored in secure storage premises that are inspected from time to time in the course of each day.

An approved storage provider must provide such other measures as, in the opinion of the Commissioner or any authorised officer, are necessary in order to provide an adequate level of security for impounded vehicles and personal property carried in or on them at the time of seizure that are in the care of the provider.

An approved storage provider must ensure that—

An approved storage provider must ensure that adequate insurance cover is provided for any loss of or from, or damage to, an impounded vehicle or any property in or on the vehicle at the time of seizure that occurs while the vehicle or property is in the care of the provider.

All reasonable steps must be taken to prevent loss of or from, or damage to, an impounded vehicle or any property in or on the vehicle at the time of seizure, by the following persons:

Every approved storage provider, approved vehicle recovery service operator, and employee must conduct itself, himself, or herself in an orderly, clean, and civil manner in dealings with members of the public in connection with impounded vehicles.

Every employee must identify himself or herself by name on request by any member of the public with whom the employee has dealings in connection with an impounded vehicle.

An employee may, for the purposes of subclause (1), wear a name tag or other form of identification that includes the employee’s name while carrying out his or her duties.

While a vehicle is impounded, an approved storage provider must accept any payment offered on account of any fees and charges owing for the storage of that vehicle.

For the purposes of section 98(1)(b) of the Act, an approved storage provider must provide the registered person for an impounded vehicle (or the owner of the vehicle if it is unregistered) who is unable to pay in full the fees or charges owing in respect of that vehicle with the opportunity to make payments by instalment unless the provider considers that the provider would suffer unreasonable prejudice to the provider’s financial position as a consequence, having regard to the amount owed and the ability of the registered person or the owner (as applicable) to pay and the need of the storage provider to make a reasonable profit.

The fee payable to the Commissioner, or an authorised officer by a person who is required to be approved as a fit and proper person under regulation 4(2)(b), is $28.20.

The fee payable to the Commissioner or an authorised officer by an employer in respect of each employee who is required to be approved as a fit and proper person under regulation 4(3)(c) is $28.20.

The Commissioner or an authorised officer may waive the fee required to be paid by subclause (1) or subclause (2), or provide for a rebate of that fee, if the Commissioner or officer is satisfied that there are special circumstances applicable to the particular case.

The fees prescribed by or assessed under regulation 13 are inclusive of goods and services tax.