Driver certificate refusal provisions

There are mandatory grounds under which an application for a driver certificate must be refused. There are also discretionary grounds where Fair Trading has to make a decision about whether to approve the application which is done on a case-by-case basis.

Mandatory grounds

For detailed information about the mandatory grounds for refusing an application for a driver certificate you can refer to section 26 (2) of the Tow Truck Industry Act 1998. Clause 16 of the Regulation sets out the prescribed offences under which mandatory grounds for refusal apply.

If you are unsure whether your driving record will stop you from being granted a tow truck driver certificate, you can request your driving record online for a small fee, or obtain a copy of your traffic history from any RMS Motor Registry or Service NSW Service Centre. This will show the dates of any suspensions and disqualifications on your licence.

Discretionary grounds

The discretionary grounds for refusing to grant an application for a driver certificate are:

  • that the applicant is not a fit and proper person to hold a driver certificate, or is otherwise not competent to carry on the kind of towing work to which the proposed driver certificate relates
  • the granting of a driver certificate would be contrary to public interest.

If you lodge an application which is subsequently refused, you are eligible for a partial refund, however the application fee is non-refundable. Refunds will not be considered until all avenues for appeal have been finalised.

Appeal provisions

If you have any questions about the appeal and refusal provision of a tow truck driver certificate, contact the Licensing team on 1300 131 134 and select option 1

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