Scrap metal exemption certificate

A tow truck operator does not need to hold a licence if they apply for an exemption certificate for operating crane-type tow trucks that solely transport motor vehicles for scrap metal recycling and the original parts are not going to be:

• repaired
• reused
• resold.

Tilt tray type vehicles are not eligible for a scrap metal exemption certificate (SMEC).

What you will need to show for an exemption certificate

Before issuing an exemption certificate, you will need to show that you:

• are fit and proper to be granted the exemption certificate
• have sufficient responsibility to operate a tow truck according to the law
• do not operate a tilt tray tow truck.

You will need to also prove that:

• your business is incorporated, sole trader, partnership and registered
• the only vehicles used in the business are flat bed trucks that are registered
• all premises are covered by the required insurance policies
• any drivers to be included in the exemption are suitable to carry out their role.

Suitability checks for scrap metal exemption certificates

We will examine your application to make an assessment on your suitability for a scrap metal exemption certificate.

When assessing your eligibility, you will need to give permission for us to check your criminal history. We will not accept your application if you do not grant us permission to get this information.

If you have lived outside of NSW, or overseas within the past 10 years, you must provide a National Criminal History Record check (NCHRC) dated within 6 weeks of making the application, confirming that you have no record for that period in that jurisdiction. If an overseas NCHC is required, and it’s not in English, a translated copy of this document is also required.

You must have adequate public liability insurance cover for your business premises

Your primary business premises must have adequate public liability insurance cover. All records required to be kept under law must be maintained at your business premises and available for inspection.

Any vehicles with an exemption certificate must display approved signs

Any vehicles licensed under the exemption certificate must display an approved sign:

• on the front and rear of the vehicle
• in a position where they are visible to people outside of the truck.

All vehicles licensed under the exemption certificate must have current motor vehicle registration.

Vehicles must be registered in the name of the licensee or proposed licensee. Lease agreements will not be accepted for an exemption certificate.

Directors, partners, shareholders and associates must be identified

You must provide details of any person who has an interest in your business, a photo ID and any other name, identity or alias they may have used in the past. More information on this can be found on the application form.

Applying for an exemption certificate

In making an application for an exemption certificate, you must provide answers to all questions in the application form truthfully. We may refuse your application if you have not been truthful.

As an applicant, you must show proof you comply with all criteria and requirements. Failure to do so, may result in your application being refused.

You can download a copy of the application for a scrap metal exemption certificate.

Paying for a scrap metal exemption certificate

Before making your application, we must receive correct payment via the online payment portal.

For a scrap metal exemption certificate, you must:

• send a completed application
• attach the applicable documents
• pay the fee.

Part of the fee for a scrap metal exemption certificate is an administrative fee and is not refundable should your application be refused

Assessing your application

Your application will be reviewed to ensure all required information and documentation has been provided. You will be contacted if further information is needed.

It is an offence to make a statement that is knowingly false or misleading. A maximum fine of $5,500 or 6 months imprisonment or both may be imposed.

Refusal, variation, suspension or cancellation

If your application for a scrap metal exemption certificate is refused, cancelled, suspended, or a condition is imposed on the exemption certificate, we will advise you of the reasons for the action taken.

There is no right of appeal with a refusal, suspension or disqualification of an exemption certificate.