Tow Truck Act 1973 – 1 January 2016
Tow Truck Act 1973 – 1 January 2016
Tow Truck Regulation 2009 – 1 January 2016
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A person may apply to the government for a licence to operate a tow truck. Note: In making a licence decision, the government may take into account the ‘appropriate person’ considerations set out in section 4C of the Act. A licence will only be granted where the government is satisfied the motor vehicle or motor vehicles in respect of which the application is made and its or their equipment are suitable. The motor vehicle/s must also be registered vehicles pursuant to section 7 of the Act. Where granted, a tow truck licence shall state the place from which the business of operating the tow truck/s may be conducted. A licence shall not be transferable. For tow truck licence conditions, refer to section 12 of the Act. Under subparagraph 12(2)(e), a person shall not on a road tow a damaged or seized motor vehicle by means of any tow truck to which the licence relates unless the person has obtained the consent of the owner, the owner’s agent or an authorised officer to remove that motor vehicle and a duly signed towing authority relating to that motor vehicle dealt with as prescribed. Pursuant to subparagraph 12(2)(r), a holder of the licence shall not charge a sum other than the reasonable sum for the towing, salvage or storage of a motor vehicle. Note: Further conditions are set out in regulation 14 of the Tow Truck Regulation 2009. For Act exemptions, refer to regulation 40 of the Tow Truck Regulation 2009. For the definitions of ‘operate’, ‘tow truck’ and ‘motor vehicle’, refer to the Schedule 2 dictionary.
- Sections 4, 4B, 4C, 5, 6, 7, 8, 10, 11, 12, Schedule 2; Regulations 6, 7, 9, 14, 16, 25, 26, 27, 37, 40, Schedule 4
A person may apply to the government for the grant of a driver’s certificate that authorises the holder of the certificate to operate a tow truck or an assistant’s certificate that authorises the holder of the certificate to be employed on or in connection with a tow truck. Note: In making a certificate decision, the government may take into account the ‘appropriate person’ considerations set out in section 4C of the Act. For eligibility for driver’s certificate, refer to regulation 4 of the Tow Truck Regulation 2009. For eligibility for assistant’s certificate, refer to regulation 5 of the Tow Truck Regulation 2009. If a certificate is granted, the term cannot be longer than 5 years. For Act exemptions, refer to regulation 40 of the Tow Truck Regulation 2009.
- Sections 4C, 13, 14, 14A, 15, 16, 17, 18, 19, 26, 35A; Regulations 4, 5, 6, 7, 9, 10, 10A, 10B, 10C, 10D, 11, 12, 17, 22, 24A, 27, 28, 29, 30, 31, 38, 40, Schedules 1, 4
A person shall not at the scene of an incident obtain or attempt to obtain authority from another person for the repair of a damaged motor vehicle. For the definition of ‘incident’, refer to the Schedule 2 dictionary.
- Sections 4, 22, 23, Schedule 2
The holder of an approval must, when acting under the authority of the approval, be neatly dressed.
- Regulations 3, 18, Schedule 5
The holder of an approval must not when acting under the authority of the approval: advertise or promote the business of anyone other than the holder of the licence, seek business for anyone other than the holder of the licence, etc.
- Regulation 19
The holder of an approval must not charge more than the amount stated in Schedule 3 of the Tow Truck Regulation 2009 for a standard tow of a damaged motor vehicle from an incident. A ‘standard tow’ includes: (a) up to 60 minutes working time at the scene; and (b) removing the motor vehicle from the scene to a place stated in the towing authority; and (c) up to 72 hours storage of the motor vehicle in a holding yard. Note: An amount stated in Schedule 3 is inclusive of any GST payable in relation to the tow. For other tows, a reasonable amount may be charged.
- Regulation 32, Schedule 3
The holder of a licence or towing permit must not impose a charge for the storage of a motor vehicle in the holder’s holding yard unless the holder gives the owner of the motor vehicle, or the owner’s agent, written notice, served by post or by delivering it to the owner personally, stating: (a) the charge is to be imposed no sooner than 2 days after service of the notice; and (b) the amount of the charge.
- Regulation 34
If a motor vehicle is stored in the holding yard and the owner of the motor vehicle (or the owner’s agent) asks the holder to release the motor vehicle, the holder must release the motor vehicle as soon as is practicable but no longer than 4 business hours after the request by towing or moving the motor vehicle to an accessible position at the entrance of the holding yard.
- Regulations 3, 35, Schedule 5
The holder must, within 7 days of disposing of a tow truck, give the government written notice of the name and address of the person acquiring the tow truck.
- Regulation 39
Reason for law
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