Transport (Tow Truck) Regulations 2005

Transport (Tow Truck) Regulations 2005

S.R. No. 136/2005

table of provisions

RegulationPage

RegulationPage

Part 1—Preliminary

1.Objectives

2.Authorising provisions

3.Commencement

4.Definitions

Part 2—Accident Towing Driver Authorities

5.Accident towing driver authorities

Part 3—Tow Truck Licences

6.When a tow truck licence must be returned

7.Duplicate tow truck licence may be issued

8.Records to be kept by a licence holder

9.Depot or office to be open for business

Part 4—Vehicles

10.Specifications, maintenance and equipment

11.Maintenance of equipment

12.Information to be displayed on tow truck

13.Removal of unauthorised signs, notices etc.

14.Inspection of tow trucks

15.Notice requiring repairs etc.

16.Evidence of inspection

17.Operation of flashing warning lights on a tow truck

18.Connection of lightboard when vehicle is towed behind a towtruck

Part 5—Tow Truck Operations in the Controlled Area

Division 1—The Roster

19.Creation and maintenance of the roster

20.Inclusion in the roster

21.Removal or suspension from the roster

Division 2—Allocations

22.Establishment and control of Allocation Centre

23.Authorisation to attend accident scene

24.Authorised tow truck must attend

25.Substitute tow truck

26.Cancellation of authorisation

27.Attendance at accident scene in controlled area or
approved place

28.Attendance at accident scene outside controlled area

Part 6—Tow Truck Operations Generally

Division 1—Authorities to Tow

29.Authorities to tow

30.Persons who can sign an authority to tow form

31.Authority to tow to be carried and produced

32.Moving motor vehicle to reduce a hazard

Division 2—Authorised Tow Truck Depot

33.Depots

34.Storage of damaged vehicles

Division 3—Accident Scenes

35.Removal of debris, glass and hazards at accident scene

36.Refusal to tow from accident scene

Part 7—Demerit Points

37.How demerit points are incurred

38.Notice of recording of demerit points

Part 8—General

39.Expiry

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SCHEDULES

SCHEDULE 1—Authority to Tow

SCHEDULE 2—Demerit Points

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ENDNOTES

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Part 1—Preliminary

Transport (Tow Truck) Regulations 2005

S.R. No. 136/2005

statutory rules 2005

S.R. No. 136/2005

1

Part 1—Preliminary

Transport (Tow Truck) Regulations 2005

S.R. No. 136/2005

Transport Act 1983

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Part 1—Preliminary

Transport (Tow Truck) Regulations 2005

S.R. No. 136/2005

Transport (Tow Truck) Regulations 2005

1

Part 1—Preliminary

Transport (Tow Truck) Regulations 2005

S.R. No. 136/2005

The Governor in Council makes the following Regulations:

Dated: 8 November 2005

Responsible Minister:

PETER BATCHELOR

Minister for Transport

RUTH LEACH

Clerk of the Executive Council

Part 1—Preliminary

1.Objectives

The objectives of these Regulations are to—

(a)facilitate the safe and efficient operation of tow trucks;

(b)ensure that the attendance of tow trucks at accident scenes in the Melbourne area is controlled and efficient;

(c)regulate the behaviour of tow truck drivers and others at accident scenes;

(d)provide for demerit points to be incurred by licence holders and drivers who fail to comply with their obligations;

(e)impose other requirements on tow truck licence holders, tow truck drivers and others which advance the objectives set out in section 170 of the Act.

Note:The objectives set out in section 170 of the Act are to—

(a)protect vehicle owners in their dealings with tow truck operators and vehicle repairers;

(b)promote t he safe and timely clearance of damaged vehicles from accident scenes;

(c)prevent undesirable behaviour by tow truck operators .

2.Authorising provisions

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These Regulations are made under sections 185 and 256 of the Transport Act 1983.

3.Commencement

These Regulations come into operation on 15November 2005[1].

4.Definitions

(1)In these Regulations—

"Allocation Centre" means the Allocation Centre established under regulation 22;

"authorised depot", in relation to a licensed tow truck, means the depot shown on the licence as the authorised depot;

"authorised office", in relation to a licensed tow truck, means the office (if any) shown on the licence as the authorised office;

"controlled area"means the area described in the declaration published in the Government Gazette on 31 October 2002, at pages 2919 to 2921;

"depot number"means the identification number assigned by the licensing authority to an authorised depot;

"licence holder"means a person who is the holder of a towing licence or a heavy accident towing licence;

"licensed tow truck"means a tow truck for which there is a licence;

"the Act" means the Transport Act 1983;

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"VicRoads"means the Roads Corporation.

Note:In section 86(1) of the Transport Act 1983"tow truck licence" is defined to mean an accident towing licence, a trade towing licence or a heavy accident towing licence.

(2)In these Regulations, a reference to the officer in charge of the Allocation Centre is a reference to the person appointed under regulation22(3).

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Part 2—Accident Towing Driver Authorities

5.Accident towing driver authorities

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The licensing authority may require an applicant for an accident towing driver authority to—

(a)complete an application form; and

(b)supply 3 recent colour photographs of passport photograph size of the applicant showing the applicant's head and full face only; and

(c)provide evidence to support information sought in the application form.

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Part 3—Tow Truck Licences

6.When a tow truck licence must be returned

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(1)A licence holder must return the tow truck licence to the licensing authority within 7 days if—

(a)the tow truck licence becomes illegible, altered or defaced; or

(b)the licensing authority notifies the holder in writing, by letter posted to the holder at the address shown on the tow truck licence as the holder's address, that the tow truck licence is suspended or revoked; or

(c)the holder changes the address shown on the tow truck licence as the holder's address.

Penalty:10 penalty units.

(2)A licence holder may change the address shown on the tow truck licence as the authorised depot only by applying to the licensing authority for a variation of the tow truck licence.

7.Duplicate tow truck licence may be issued

The licensing authority may issue a duplicate tow truck licence if it is satisfied that the tow truck licence is illegible, altered, or defaced, or that it has been lost, stolen or destroyed.

8.Records to be kept by a licence holder

A licence holder must—

(a)keep the following records in relation to the tow truck to which the licence holder's tow truck licence relates—

(i)copies of invoices of charges made for towing and storing damaged motor vehicles;

(ii) in chronological order, every authority to tow form which has been completed or partially completed;

(iii)a record of the names, addresses, accident towing driver authority numbers (where applicable) and driver licence numbers of every person who drives the tow truck so that the identity of the driver can be ascertained;

Penalty:10 penalty units.

(b)keep the records referred to in paragraph(a)—

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(i)at the authorised depot for the licensed tow truck orat the authorised office; and

(ii)for a period of at least one year from the date the last entries in the records were made;

Penalty:10 penalty units.

(c)keep the records referred to in paragraph (a) in the English language;

Penalty:10 penalty units.

(d)make the records referred to in paragraph (a) available for inspection on demand by a member of the police force, the licensing authority or a person approved by the licensing authority;

Penalty:10 penalty units.

(e)within a reasonable time if asked by a member of the police force, the licensing authority or a person authorised by the licensing authority, give the member or person an accurate copy of any part or all of the records referred to in paragraph (a).

Penalty:10 penalty units.

9.Depot or office to be open for business

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A licence holder must ensure that the authorised depot for the licensed tow truck or the authorised office—

(a)is open for business and staffed by the licence holder or at least one employee of the licence holder between the hours of 8.00a.m. and 5.00 p.m. from Monday to Friday inclusive but excluding any public holiday;

(b)must be contactable by telephone during the hours of business referred to in sub-regulation (a);

(c)has displayed on the exterior a sign giving the name of the licence holder, the depot number allocated by the licensing authority, the hours of business and the telephone number of the depot or office;

(d)is suitable for the conduct of business and the keeping of records as required by these Regulations.

Penalty:20 penalty units.

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Part 4—Vehicles

10. Specifications, maintenance and equipment

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A licence holder must ensure that the tow truck to which the licence holder's tow truck licence relates meets the specifications and has the equipment specified in column 1 of the table at thefoot of this regulation, subject to the exception (if any) set out in column 2 of the table for a specification or an item of equipment.

Penalty:20 penalty units.

TABLE

11. Maintenance of equipment

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A licence holder must ensure that the equipment required to be fitted to a tow truck under regulation 10 is maintained in a serviceable condition.

Penalty:20 penalty units.

12. Information to be displayed on tow truck

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A licence holder must ensure that the information, plates, signs, symbols, notices and other labels specified in column 1 of the table at the foot of this regulation are displayed in or on the tow truck to which the licence holder's tow truck licence relates when required as specified in column 2 of the table—

(a)in permanent form; and

(b)as required by the specific requirements (ifany) specified in column 3 of the table.

Penalty:20 penalty units.

TABLE

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13. Removal of unauthorised signs, notices etc.

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(1)The licensing authority may require a licence holder to remove from the tow truck to which the licence holder's tow truck licence relates and return to the licensing authority a number plate, sign, symbol, notice or label required under regulation 12.

(2)A licence holder must comply with a requirement of the licensing authority under sub-regulation (1).

Penalty:20 penalty units.

(3)A licence holder must ensure that a person does not drive or use the tow truck if it does not comply with regulation 10.

Penalty:20 penalty units.

(4) A licence holder must ensure that a person does not drive or use the tow truck if it does not comply with regulation 12.

Penalty:20 penalty units.

14. Inspection of tow trucks

(1)The licensing authority, a person approved by the licensing authority or a member of the police force may direct the operator of a tow truck to produce the tow truck for inspection by any of the following—

(a)the licensing authority;

(b)a person approved by the licensing authority;

(c)a member of the police force;

(d)a licensed tester.

(2)The operator must comply with a direction given under sub-regulation (1).

Penalty:30 penalty units.

15. Notice requiring repairs etc.

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(1)If a person who inspects a tow truck under regulation 14 finds that it—

(a)is unsafe, unsuitable or unfit for use; or

(b)does not comply with the Act or these Regulations or with a condition of the relevant tow truck licence—

the person must serve a notice on the operator requiring the operator to fix the matters set out in the notice within a specified time.

(2)A notice under sub-regulation (1) must—

(a)include sufficient details to identify the vehicle to which it relates;

(b)clearly set out the matters which must be fixed;

(c)state a time and date after which the vehicle must not be operated unless the matter required to be fixed is fixed.

(3)The operator of the tow truck must ensure that the tow truck is not driven or used as a tow truck if the notice has not been complied with within the time specified in the notice within which the matters set out in the notice are to be fixed.

Penalty:30 penalty units.

16. Evidence of inspection

(1)If inspection of a tow truck is required under regulation 14, the licensing authority may require the operator of the tow truck to provide a copy of any document to the licensing authority that the operator receives from the person who inspects the tow truck setting out that the tow truck has been inspected or the result of the inspection.

(2)If a requirement is made under sub-regulation (1), the operator must, within 7 days of receiving it, provide the document referred to in sub-regulation(1) to the licensing authority.

Penalty:20 penalty units.

17. Operation of flashing warning lights on a tow truck

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(1)The driver of a tow truck must activate the warning light required to be fitted to the tow truck under regulation 10 if the tow truck—

(a)is within close proximity to a damaged motor vehicle at an accident scene; or

(b)is being used to pick up or set down a motor vehicle; or

(c)is in a hazardous position on a highway; or

(d)is being used in accordance with—

(i)a class 1, 2 or 3 notice published by VicRoads in the Government Gazette under the Road Safety (Vehicles) Regulations 1999; or

(ii)a class 1, 2 or 3 permit issued by VicRoads under the Road Safety (Vehicles) Regulations 1999.

Example

VicRoads might issue a permit under regulation 504 of the Road Safety (Vehicles) Regulations 1999 exempting a class1 vehicle from a requirement specified in Schedule1 to those Regulations, subject to a condition requiring that a tow truck with activated flashing warning lights be present during specified manoeuvres.

Penalty:20 penalty units.

(2)A person must not activate a flashing warning light in circumstances other than those referred to in sub-regulation (1).

Penalty:20 penalty units.

18. Connection of lightboard when vehicle is towed behind a towtruck

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(1)If a vehicle is being towed behind a tow truck, a lightboard must be securely placed behind the vehicle.

(2)A lightboard placed over the rear of a vehicle towed by a tow truck must—

(a)be connected electrically to the tow truck;

(b)clearly display the use of the tow truck lamps;

(c)clearly display a copy or facsimile of the number plate of the tow truck.

(3) The operator of a tow truck is guilty of an offence if the requirements of this regulation are not complied with.

Penalty:20 penalty units.

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Part 5—Tow Truck Operations in the Controlled Area

Division 1—The Roster

19.Creation and maintenance of the roster

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The officer in charge of the Allocation Centre must create and maintain a roster consisting of the details of all tow trucks the inclusion of which on the roster has been approved by the licensing authority.

20. Inclusion in the roster

(1)The licence holder may apply in writing to the licensing authority to have the tow truck included on the roster if—

(a)the authorised depot for the licensed tow truck is in the controlled area;

(b)the conditions on the tow truck licence do not prevent the tow truck from being on the roster;

(c) the licensed tow truck is not a heavy accident tow truck.

(2)The licensing authority must refuse an application if the tow truck licence does not meet the requirements set out in sub-regulation (1)(b).

(3)If the licensing authority approves an application, it must notify the officer in charge of the Allocation Centre.

21. Removal or suspension from the roster

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(1)The licensing authority must direct the officer in charge of the Allocation Centre to remove or suspend a tow truck licence from the roster if—

(a)the licence holder requests that the tow truck licence be removed from the roster; or

(b)the authorised depot for the licensed tow truck is not within the controlled area; or

(c)the tow truck licence is cancelled or suspended; or

(d)the licensed tow truck is not registered for use on a highway under the Road Safety Act 1986; or

(e)the use of the licensed tow truck on a highway would constitute an offence under these Regulations or the Act, the Road Safety Act 1986 or regulations under that Act; or

(f)the licence holder is an undischarged bankrupt, his or her property is subject to control under the law relating to bankruptcy or (in the case of a corporation) is in liquidation or receivership; or

(g)the licence holder has breached a condition of the tow truck licence or the Act or these Regulations; or