RACT Service By-Laws

THE ROYAL AUTOMOBILE CLUB OF TASMANIA LIMITED ABN 62 009 475 861 RACT SERVICE BY-LAWS

Effective 1 October 2006

'DEFINITIONS' In these By-Laws unless the contrary intention appears:

'RACT' means The Royal Automobile Club of Tasmania Limited. (ABN 62 009 475 861)

'metropolitan area' means the metropolitan areas of greater Hobart, Launceston, Devonport and Burnie as designated on the maps in the attached schedules and metropolitan areas of interstate capital cities.

'country area' means the areas outside the metropolitan area in Tasmania and in other Australian States.

'member' means a current financial RACT Service Member as defined in the RACT Membership By-Laws.

'patrol' means an RACT employee providing roadside service.

'agent' means an RACT Agent in Tasmania providing Roadside help or Towing Service on behalf of RACT or a service provider interstate appointed by an Associate or Club affiliated with the Australian Automobile Association to provide reciprocal service to RACT Members.

'agent depot' means the premises of those businesses in country areas appointed by the RACT or appointed by an Associate or Club affiliated with the Australian Automobile Association to carry out roadside service and or towing service.

'roadside service' means provision of emergency assistance for an immobile vehicle at the roadside or at the member's home anywhere within the metropolitan area. In country areas RACT Roadside Advantage covers the cost of the nearest agent travelling up to 32 km to the vehicle and working on the vehicle for up to one hour at the roadside to mobilise the vehicle (no distance limit in Tasmania and 100 km limit Interstate for RACT Roadside Ultimate members). Excess charges apply for distances in excess of these distances.

'towing service' means towing of a member's vehicle, under two tonnes as loaded, and is provided where a member's vehicle is unable to be made mobile. In the metropolitan area towing is provided for up to 15km for RACT Roadside Advantage members (no distance limit in Tasmania and 20 km limit Interstate for RACT Roadside Ultimate members). In country areas RACT Roadside Advantage covers the nearest RACT towing agent travelling up to 32 km (no distance limit in Tasmania and 100 km limit Interstate for RACT Roadside Ultimate members) and towing the member's vehicle back in the direction of the agent's depot up to 32 km (no distance limit in Tasmania and 100 km limit Interstate for RACT Roadside Ultimate members). If the member requires the vehicle to be towed a greater distance or travel in another direction, an excess charge applies.

'reciprocal service' means roadside service or towing service provided to an RACT member interstate or overseas by an Association or Club affiliated with the Australian Automobile Association. The extent of reciprocal service is limited to the extent of service provided to members of the Association or Club providing the service.

'remote unserviced area' means an area in Tasmania where RACT Roadside Advantage services are not available from the RACT, or interstate where RACT Roadside Advantage services or RACT Roadside Ultimate services are not available through an Association or Club affiliated with the Australian Automobile Association.

'vehicle' means any vehicle being driven by a member or in which a member is a passenger.

'commercial vehicle' means a vehicle used for commercial business purposes.

A : GENERAL RACT SERVICE BY-LAWS

The By-Laws in section A apply to RACT Roadside Advantage members and RACT Roadside Ultimate members.

A.1 Financial Membership: Membership must be financial at the time of service. The Membership card is not transferable to any other person. In the case of a fleet member, the service only applies to a current financial nominated vehicle.

A.2 Response Time: Emergency service will be provided as soon as possible, but response time is not guaranteed and may vary, depending on the location of the member's vehicle and demand for services.

A.3 Identification: The member must be present with the vehicle and must present his/her membership card or fleet tag and photographic identification to the RACT patrol or agent on arrival, otherwise service may be refused or a service fee may be payable at the time of service.

A.4 Country Areas: If a current RACT membership card and photographic identification cannot be produced in country areas, the person will be required to pay the RACT agent the full retail rate for the service. RACT will only reimburse the normal RACT agent's contract rate to a member who was financial at the time of service. The RACT will direct the nearest RACT agent irrespective of the direction of travel of the member. If the RACT agent first attending is not a towing agent, an excess may apply depending where the nearest towing agent is located.

A.5 Sign for Service: All members are required to sign a declaration or receipt to verify service was received by a valid member.

A.6 Vehicle under Repair: Free service does not include maintenance repairs. Service and or towing is not provided to vehicles already under repair or at a repair workshop. Service will not be provided to un-roadworthy or unregistered vehicles.

A.7 Home Service: Roadside service at the member's home is provided when the member's vehicle, unexpectedly, won't start. It only covers vehicle problems which normally occur at the roadside. It does not include maintenance repairs or if the vehicle is under repair. Breakdowns on the road receive preference in allocation of calls.

A.8 Remote Unserviced Areas: There are some remote areas in Tasmania and interstate that are greater than 32km from the nearest agent's depot where excess charges may apply, which are payable by the member at the time of service (refer to section C for Ultimate benefits). No roadside service or towing service is provided in locations affected by snow to the extent that access by normal two wheel drive vehicles is not possible.

A.9 Unconstructed Roads: Vehicle breakdowns which occur on other than constructed roads, trafficable by normal two wheel drive vehicles, will be attended at the discretion of the RACT or its agents with any excess cost payable by the member at the time of service.

A.10 Bogged Vehicles: The time spent in recovery of bogged vehicles is payable by the member to the RACT agent at the time of service. The cost of travelling to the member's vehicle within the applicable distance limits is covered by RACT. This service does not extend to a vehicle which has been damaged as the result of being bogged.

A.11 Tyres: Tyre repairs are not undertaken on the side of the road. RACT will only fit a safe and suitable roadworthy tyre. If suitable tyres are not available, the vehicle will be towed within towing limits to a tyre repair workshop or other location. Wheel changing is limited to vehicles less than two (2) tonnes as loaded. Any special equipment or specialised service provider which may be required will be at the member's expense.

A.12 Temporary Repairs: Where temporary repairs are undertaken, the member is required to sign a release and indemnity, where it is considered necessary.

A.13 Parts and Supplies: The cost of all parts used for repairs and any supplies such as fuel, lubricants, brake fluid, provided at the time of breakdown, is payable by the member at the time of service.

A.14 Payment for Excess Charges, Parts and Supplies: Payment for all excess charges or for parts and supplies is payable at the time of service.

A.15 Excess Travelling Distance and Towing: All excess travelling distance and excess towing distance by an RACT agent must be paid by the member to the agent at the time of service.

A.16 Country Repairs at Roadside: An RACT country agent will work on the side of the road for up to one hour. Any excess time is payable by the member to the agent at the time of service. Service is not provided to a vehicle which has been driven or transported to an RACT agent's depot during business hours.

A.17 Subsequent Country Repairs: The cost of subsequent repairs by an RACT agent at the agent's workshop is payable by the member to the agent at the time of service. Where the agent is unable to effect repairs, additional towing to another repairer and any further repairs are at the member's cost. (refer to section C for Ultimate benefits)

A.18 Special Towing Equipment: Towing is limited to vehicles under two (2) tonnes as loaded (refer to section C for Ultimate benefits). If any special equipment is required an excess charge may be applied, payable by the member at the time of service.

A.19 Caravans and Trailers: Only minor repairs or adjustments provided at the roadside (refer to section C for Ultimate benefits). Service to accessories including stoves, camping equipment and interior lights is excluded.

A.20 Rallies, Races: RACT roadside or towing service does not cover vehicles which are in organised events such as rallies or racing.

A.21 Reimbursements: If a member is directed to a repairer who is not an RACT agent and required to pay for the service, the member may apply within three months for reimbursement of the appropriate RACT allowance. Reimbursements are not made if the nearest RACT agent was available. No reimbursement is made if the member did not contact the RACT first.

A.22 Towing Service: Free towing service is not provided to vehicles exceeding two (2) tonnes as loaded (refer to section C for Ultimate benefits). Towing service may be provided to four wheel drive recreational vehicles exceeding two (2) tonnes as loaded, where standard equipment is suitable for the vehicle.

A.23 Benefits: All RACT service monitory benefits, limits and associated charges include GST.

B : RACT Roadside Advantage By-Laws

The By-Laws in section B apply to RACT Roadside Advantage members.

B.1 Lock Outs: If a member locks the vehicle's keys in the vehicle, RACT will attempt to unlock the vehicle. If the vehicle cannot be unlocked, RACT will either call a locksmith to attend the vehicle at the member's cost, arrange with a motor dealer to deliver a new key at the member's cost, or tow the vehicle within towing limits to a motor dealer or other location.

B.2 Fuel: If the member's vehicle is immobile due to lack of fuel, RACT will provide, at the member's cost, an emergency amount of unleaded fuel, approximately 5 litres, to enable the vehicle to be driven to a fuel outlet. Leaded petrol, LRP, diesel or LPG is not provided. However, a tow will be provided within towing weight and distance limits.

B.3 Caravans and trailers: Towing for caravans or trailers is not provided.

B.4 Heavy Vehicles: Vehicles exceeding two (2) tonnes as loaded, but not exceeding four and half (4.5) tonnes as loaded, are entitled to roadside service but not entitled to wheel changing or any service involving lifting, hoisting or towing. Service for 24 volt electrical systems in vehicles will be provided subject to available equipment.

B.5 Accident or Stolen Vehicles: RACT service and towing is not provided for vehicles involved in any form of accident or with broken windscreens or that have been stolen.

B.6 Limits of Use of Services: RACT Roadside Advantage members receive up to six (6) RACT roadside service calls for assistance in any one membership year. Where an RACT Roadside Advantage member exceeds this limit, a service fee is applied for subsequent calls during that membership year. 25 year members receive unlimited roadside service calls.

C : RACT Roadside Ultimate By-Laws

The By-Laws in section C apply to RACT Roadside Ultimate members.

C.1 Application of Benefits: RACT Roadside Ultimate benefits apply in Australia only. Service is not provided for vehicle breakdowns which have occurred before a person joins as an RACT Roadside Ultimate member.

C.2 Value of Benefits: RACT Roadside Ultimate members may claim up to $5,000 in cumulative benefits in any one membership year. Annual benefits do not accumulate from year to year. RACT Roadside Ultimate benefits can be claimed by only one member per breakdown incident.

C.3 Remote Unserviced Areas Interstate: In an un-serviced area interstate, the maximum benefit per claim is $500. However, RACT will also pay for towing up to 200 km (round trip) from the agent's depot.

C.4 Distance Limits: In Tasmania there are no distance limits for service or towing. Interstate, RACT Roadside Ultimate provides towing up to 20 km in metropolitan areas. In country areas an agent will travel up to 100km to provide service and if towing is required will tow the vehicle up to 100km back to the agent's depot.

C.5 Country Towing: In Tasmania, if a member's vehicle cannot be repaired by the agent, the vehicle may be taken to a place where repairs can be carried out - provided the weight of the vehicle is two (2) tonnes or less as loaded. Alternatively, the vehicle may be transported either on to the member's destination or back to the member's home. Where the vehicle is transported to a local repairer within 50 km of the member's home, only transportation of the member and up to four (4) passengers applies, with no other benefits applying. Interstate, vehicle recovery will only apply where the repairs cannot be undertaken within 48 hours.

The recovery of vehicles will be subject to the availability of suitable recovery vehicles

C.6 Heavy Vehicles: Roadside service will be provided to vehicles exceeding two tonnes as loaded where practical, but where special equipment or specialised service providers are required RACT will arrange this subject to availability and at the member's cost. Service for 24 volt electrical systems in vehicles will be provided subject to available equipment. RACT Roadside Ultimate benefits do not apply to vehicles used for commercial purposes weighing over 4.5 tonnes as loaded.

If the member's vehicle exceeds two (2) tonnes as loaded or special towing equipment is required, RACT will contribute up to $200 towards the cost.

RACT cannot guarantee recovery of vehicles that are either longer than 5.5 metres, wider than 2.3 metres, higher than 2 metres, or weigh more than two (2) tonnes as loaded. Where recovery of vehicles outside these limits is possible, the member may be required to pay any additional charges. A Vehicle Movement Schedule is required to be completed by the member in such cases.

C.7 Accident Towing Assistance: In Tasmania, if the member's vehicle is involved in an accident, or is stolen or vandalised, RACT will arrange towing and will reimburse up to $100 towards the cost of the tow provided an insurance claim is not made for the incident. The cost of the tow is the member's responsibility unless the member's insurance company authorises the tow. The cost of any repairs as a result of an accident whether mechanical, electrical or otherwise is at the member's cost.

C.8 After Accident or Stolen Vehicle Emergency Accommodation and Car Rental:

If the member's vehicle is involved in an accident or the vehicle has been stolen when the member is more than 50 km from home, RACT Roadside Ultimate will pay accommodation for the member and passengers up to a total value of $300 for three (3) nights or will provide three (3) days' car rental up to the value of $100 a day.

C.9 Locksmiths: If a member locks the vehicle's keys in the vehicle, RACT will attempt to unlock the vehicle. If the vehicle cannot be unlocked or if the keys to the vehicle are lost or damaged or the driver's door or ignition lock is damaged preventing the vehicle from being mobilised or secured, RACT will either call a locksmith to attend the vehicle, arrange with a motor dealer to deliver a new key at the member's cost, or tow the vehicle within towing limits to a Motor Dealer or other location.

RACT will contribute up to $165 per year for parts and labour required for replacement of ignition or driver's door entry key or lock provided by an attending locksmith.

C.10 Fuel: If the member's vehicle runs out of fuel, RACT will provide up to 10 Litres of fuel, free of charge, to enable the member to drive to the nearest open fuel outlet, irrespective of the direction of travel of the member, limited to six (6) such incidents per membership year. Leaded petrol, LRP, diesel or LPG is not provided.

In Tasmania, if RACT is unable to provide fuel, RACT will tow the vehicle within towing limits to the nearest open fuel outlet, irrespective of the direction of travel of the member. Interstate, if the agent is unable to provide the member with fuel, RACT Roadside Ultimate Operations will organise a tow within towing limits for the member's vehicle to the nearest open fuel outlet and contribute up to $100 towards the cost of the tow.

C.11 Sea Crossings: RACT Roadside Ultimate will not pay for the freight cost for vehicles and/or passenger costs on any sea crossing including Bass Strait, except for the fare across Bass Strait for one (1) person returning to collect a repaired vehicle as per clause C.13 (d).

C.12 Passenger Transport: In Tasmania if the member's vehicle requires towing after a breakdown, RACT will ensure that the member and up to four (4) passengers are transported to their destination or home, subject to available transport..

Interstate, RACT will contribute up to $300 towards these costs.

C.13 Recovery /Accommodation Options: When more than 50km from home and the vehicle cannot be repaired within 48 hours the member has the following options available;

(a) If the vehicle breaks down and is unable to be diagnosed properly until the next day, RACT will provide emergency over night accommodation.

(b) If the member chooses to wait at the repair location while the vehicle is repaired, RACT will provide accommodation up to five (5) nights and will also arrange and pay for a hire car for up to five (5) days. No further benefits apply.

(c) If the member chooses to have the un-repaired vehicle recovered to his/her home or chosen repairer within 50kms of their home, RACT will arrange and pay for a car carrier and land transport for the member and up to four (4) passengers.

or

If the member chooses to have the un-repaired vehicle recovered to his/her destination other than home, RACT will arrange and pay for a hire car for up to five (5) days. No further benefits apply.

or

If the vehicle breaks down interstate and the member chooses to fly to his/her destination or home, RACT will contribute up to $100 per person towards airfares: up to $500 per membership year. Once the member has returned home no further benefits apply.

(d) If the member chooses to travel on to his/her destination or home while the vehicle is repaired locally, RACT will arrange and pay for land transport for the member and up to four (4) passengers, and RACT will also pay the return fare for member or a nominated driver to collect the repaired vehicle.

(e) If the member chooses to stay in their own caravan rather than seek alternative accommodation, RACT will reimburse the member caravan park site fees up to $100 per night for up to five (5) nights while their vehicle is being repaired or recovered.

C.14 Transport Costs: The payment of any extra costs for transport from an agent's depot or repairer to a motel, rental car depot or other location is not automatic and must be approved by RACT Roadside Ultimate operations before the journey is undertaken.

C.15 Accommodation: The accommodation benefits provided include the cost of the room only, up to a maximum of $100 per night, subject to local availability, regardless of the number of people involved or the rooms booked.

C.16 Rental Cars: The provision of a rental car is dependent on one being available locally. The member will also have to meet the hiring requirements of the car rental firm as well as pay the costs of fuel, excess distance and any additional costs like insurance. Rental Companies require rental to be charged to a credit card and the driver generally must be over 25 years of age and some conditions may apply to drivers over 70 years of age. The maximum benefit payable by RACT Roadside Ultimate for a rental car is $100 per day (rental rate only).

C.17 Rental Vehicle Mechanical Repairs: If the member's vehicle requires a major mechanical repair, that would exceed ten (10) hours labour (as per the industry approved times guide) to effect and you elect to have it repaired through an RACT Approved Repairer, RACT will provide a rental car for up to three (3) days: up to $300.00 per year

C.18 Breakdown of Vehicle with Caravan, Trailer or Similar: Where a member's vehicle is towing a caravan or trailer and the towing vehicle (up to two (2) tonnes as loaded) breaks down, RACT Roadside Ultimate will tow the vehicle within towing limits and conditions and tow the 'trailed unit' (up to two (2) tonnes as loaded) up to 20 km in metropolitan areas in Tasmania and Interstate; and up to 100 km in any direction in country areas in Tasmania and up to 100 km back to the nearest agent's depot in country areas Interstate.

If the disabled vehicle requires further recovery to the member's home or destination the 'trailed unit' (caravan, trailer or similar) will not be eligible for further free towing. Agistment or temporary accommodation fees do not apply to livestock or pets.

C.19 Disabled Caravan, Trailer or Similar: In most cases, RACT Roadside Ultimate will help members with towing a disabled caravan or trailer (up to two (2) tonnes as loaded) up to 20 km in metropolitan areas in Tasmania and Interstate; and up to 100 km in any direction In country areas in Tasmania and up to 100 km back to the nearest agents depot in country areas Interstate. However, there may be times when special equipment or a trailer is required or when additional time is spent at the breakdown scene preparing the vehicle for towing. In these circumstances, any additional costs for time and equipment are at the member's cost.

If the disabled " trailed unit " is an "accommodation unit " (eg caravan) and it breaks down more than 50 km from the member's home and cannot be repaired within 24 hours, RACT will provide accommodation for one (1) night up to the value of $100. Accommodation up to three (3) nights up to $100 per night will be provided if the "trailed accommodation unit" cannot be repaired within 48 hours. One (1) night's accommodation will also be provided if the "trailed accommodation unit" is involved in an accident and cannot be occupied overnight.

C.20 Medical assistance: Medical Assistance: When a member is more than 50 km from home and requires medical assistance the member can call RACT Roadside Ultimate for assistance.

Services include: Doctors and Nurses available by phone to assist in dealing with enquiries / referrals to a local doctor/ helping to organise admission to a hospital / transferring medical records from the family doctor to the treating doctor.

If the member is hospitalised for at least a week and can't be moved, RACT will organise for a family member to be brought to the member and pay their travel expenses. If required RACT will make arrangements for the member's vehicle to be recovered to their home address. The cost of actual recovery is at member's expense.

C.21 Malicious Acts or Minor Impact:As a consequence of a malicious act or minor impact (such as road debris or small animal) that would not necessitate an insurance claim and where continued driving would cause a mechanical failure, we will provide ROADSIDE service and/or towing as described in C.4.

C.22 Wheel Changing - Heavy Vehicles: If the vehicle exceeds two (2) tonnes as loaded but does not exceed 4.5 tonnes as loaded, and requires specialised equipment to effect a wheel change, we will make these arrangements and contribute up to $150.00 towards the cost.