Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1. 2. 3. 4. 1 Objectives Authorising provisions Commencement Definitions 1 2 2 2 PART 2—ACCIDENT TOWING DRIVER AUTHORITIES 5. Accident towing driver authorities PART 3—TOW TRUCK LICENCES 6. 7. 8. 9. When a tow truck licence must be returned Duplicate tow truck licence may be issued Records to be kept by a licence holder Depot or office to be open for business PART 4—VEHICLES 10. 11. 12. 13. 14. 15. 16. 17. 18. 4 4 5 5 5 5 7 8 Specifications, maintenance and equipment Maintenance of equipment Information to be displayed on tow truck Removal of unauthorised signs, notices etc. Inspection of tow trucks Notice requiring repairs etc. Evidence of inspection Operation of flashing warning lights on a tow truck Connection of lightboard when vehicle is towed behind a tow truck i 8 9 10 12 12 13 13 14 15 Regulation Page PART 5—TOW TRUCK OPERATIONS IN THE CONTROLLED AREA 16 Division 1—The Roster 16 19. 20. 21. Creation and maintenance of the roster Inclusion in the roster Removal or suspension from the roster Division 2—Allocations 22. 23. 24. 25. 26. 27. 16 16 17 18 Establishment and control of Allocation Centre Authorisation to attend accident scene Authorised tow truck must attend Substitute tow truck Cancellation of authorisation Attendance at accident scene in controlled area or approved place Attendance at accident scene outside controlled area 18 18 19 20 20 PART 6—TOW TRUCK OPERATIONS GENERALLY 23 Division 1—Authorities to Tow 23 28. 29. 30. 31. 32. Authorities to tow Persons who can sign an authority to tow form Authority to tow to be carried and produced Moving motor vehicle to reduce a hazard Division 2—Authorised Tow Truck Depot 33. 34. Depots Storage of damaged vehicles Removal of debris, glass and hazards at accident scene Refusal to tow from accident scene 28 28 30 How demerit points are incurred Notice of recording of demerit points PART 8—GENERAL 39. 26 28 PART 7—DEMERIT POINTS 37. 38. 23 24 25 26 26 27 Division 3—Accident Scenes 35. 36. 21 22 30 31 32 Expiry 32 __________________ ii Regulation Page SCHEDULES 33 SCHEDULE 1—Authority to Tow 33 SCHEDULE 2—Demerit Points 34 ═══════════════ ENDNOTES 38 iii STATUTORY RULES 2005 S.R. No. 136/2005 Transport Act 1983 Transport (Tow Truck) Regulations 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; 1 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 1—Preliminary r. 2 (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 the safe and timely clearance of damaged vehicles from accident scenes; (c) prevent undesirable behaviour by tow truck operators. 2. Authorising provisions These Regulations are made under sections 185 and 256 of the Transport Act 1983. 3. Commencement These Regulations come into operation on 15 November 20051. 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; 2 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 1—Preliminary "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; "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 regulation 22(3). __________________ 3 r. 2 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 r. 5 Part 2—Accident Towing Driver Authorities PART 2—ACCIDENT TOWING DRIVER AUTHORITIES 5. Accident towing driver authorities 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. __________________ 4 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 3—Tow Truck Licences PART 3—TOW TRUCK LICENCES 6. When a tow truck licence must be returned (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; 5 r. 6 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 r. 8 Part 3—Tow Truck Licences (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)— (i) at the authorised depot for the licensed tow truck or at 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. 6 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 3—Tow Truck Licences (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 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 8.00 a.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 subregulation (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. __________________ 7 r. 9 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 4—Vehicles r. 10 PART 4—VEHICLES 10. Specifications, maintenance and equipment 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 the foot 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 Column 1 Column 2 Specifications and equipment Exceptions Load Capacity At least 125 tonnes Tyres Dual tyres on each side of each axle on the wheels of the rear axle group Lifting equipment Fitted with a crane, winch, hoist or other lifting device which has a safe working load of not less than 125 tonnes Equipment for removal of debris and glass Equipped with a broom, shovel and a durable rubbish receptacle for the removal of debris and glass from a highway 8 Tow truck for which a trade towing licence is issued Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 4—Vehicles r. 11 Column 1 Column 2 Specifications and equipment Exceptions Fire extinguishing equipment Equipped with either a fully maintained foam fire extinguisher of at least 45 litres capacity or a dry chemical powder fire extinguisher of at least 45 kilograms capacity Tow truck for which a trade towing licence is issued until 15 May 2006 Warning lights Fitted with a flashing or rotating warning light or lights approved by the licensing authority Adjustable lights Fitted with fully adjustable lights mounted so that the operator will have sufficient illumination to safely load or unload a damaged motor vehicle when it is dark Lighting Board Equipped with a lighting board which can be securely placed on the rear of the towed vehicle and connected electrically to the tow truck to display the use of the tow truck lamps. The lighting board must also contain a facsimile of the number plate of the tow truck Tow truck that does not tow vehicles behind it including a tow truck that lifts vehicles onto the tow truck for carriage 11. Maintenance of equipment 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. 9 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 4—Vehicles r. 12 12. Information to be displayed on tow truck 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 (if any) specified in column 3 of the table. Penalty: 20 penalty units. TABLE Column 1 Column 2 Column 3 Information etc. to be displayed When required Specific requirements Name and address of the licence holder In all cases Must be displayed— • on the right front door of the tow truck; • in contrasting letters and numerals at least 50 millimetres high and proportionally wide; • to be clearly visible from a distance of at least 5 metres. 10 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 4—Vehicles r. 12 Column 1 Column 2 Column 3 Information etc. to be displayed When required Specific requirements The word "depot" followed by the depot number Tow trucks for which an accident towing licence is issued where the authorised depot is in the controlled area and the licensing authority allocates a depot number Must be displayed— • on both front doors of the tow truck; • in contrasting letters and numerals at least 100 millimetres high and proportionally wide; • to be clearly visible from a distance of at least 20 metres. Any other plate, sign, symbol, notice or label If required by the licensing authority Must— • be attached to the tow truck in a manner specified by the licensing authority; • be clearly visible at all times; • be of a type or design approved by the licensing authority. 11 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 r. 13 Part 4—Vehicles 13. Removal of unauthorised signs, notices etc. (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. 12 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 4—Vehicles 15. Notice requiring repairs etc. (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. 13 r. 15 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 4—Vehicles r. 17 (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 subregulation (1) to the licensing authority. Penalty: 20 penalty units. 17. Operation of flashing warning lights on a tow truck (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 class 1 vehicle from a requirement specified in Schedule 1 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. 14 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 4—Vehicles 18. Connection of lightboard when vehicle is towed behind a tow truck (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. __________________ 15 r. 18 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 r. 19 Part 5—Tow Truck Operations in the Controlled Area PART 5—TOW TRUCK OPERATIONS IN THE CONTROLLED AREA Division 1—The Roster 19. Creation and maintenance of the roster 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. 16 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 5—Tow Truck Operations in the Controlled Area 21. Removal or suspension from the roster (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 (h) a fee or fee instalment payable in respect of the tow truck licence or the licensed tow truck is outstanding. (2) The officer in charge of the Allocation Centre must comply with a direction under subregulation (1) within one business day. Penalty: 20 penalty units. 17 r. 21 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 r. 22 Part 5—Tow Truck Operations in the Controlled Area (3) In this regulation, a reference to a licensed tow truck is a reference to a tow truck in respect of which the tow truck licence is included on the roster. Division 2—Allocations 22. Establishment and control of Allocation Centre (1) For the purposes of section 185(1)(a)(i) of the Act, the allocation centre operated by RACV Road Service Pty Ltd (ACN 077 207 268) under the Accident Allocation Services Agreement 2003 is established as the Allocation Centre for the controlled area. (2) In sub-regulation (1), the "Accident Allocation Services Agreement 2003" means the accident allocation services agreement (number AAS2003) entered into on 27 October 2003 between RACV Road Service Pty Ltd and the Crown (acting through the Department of Infrastructure). (3) The operator of the Allocation Centre must appoint a natural person to be the officer in charge of the Allocation Centre. 23. Authorisation to attend accident scene (1) If a request to remove a damaged motor vehicle from an accident scene in the controlled area is received in the Allocation Centre, the officer in charge— (a) must authorise an operator of a licensed tow truck which is on the roster to attend the accident scene; or 18 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 5—Tow Truck Operations in the Controlled Area (b) if the accident scene is on the Link road or the Extension road, may report the matter to the Link corporation or the Extension corporation (within the meaning of the Melbourne City Link Act 1995) or to an agent of either of those corporations. (2) The officer in charge of the Allocation Centre must ensure that— (a) the authorisation is recorded; and (b) a job number is allocated to the authorisation; and (c) the job number allocated to the authorisation is matched with the details of the damaged motor vehicle which the operator tows from the accident scene; and (d) the authorisation is only given for one damaged motor vehicle. 24. Authorised tow truck must attend (1) Subject to regulation 25, the operator of a tow truck must ensure that after a tow truck is authorised under regulation 23(1) to attend an accident scene— (a) the tow truck attends the accident scene within 30 minutes of being given the authorisation; and (b) the Allocation Centre is immediately notified when the tow truck arrives at the accident scene; and (c) the Allocation Centre is immediately notified when the tow truck departs from the accident scene and is given the details of the damaged vehicle being towed. Penalty: 30 penalty units. 19 r. 24 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 r. 25 Part 5—Tow Truck Operations in the Controlled Area (2) If the operator is unable to meet the requirements of sub-regulation (1)(a), the operator must immediately notify the Allocation Centre. Penalty: 20 penalty units. (3) The requirements of sub-regulation (1)(a) cease to apply if the operator or a person at the authorised depot or authorised office is notified by the Allocation Centre that the authorisation is cancelled under regulation 26(1). (4) The officer in charge of the Allocation Centre must not give more than one authorisation to a tow truck at any one time. 25. Substitute tow truck If the operator of a licensed tow truck that is authorised under regulation 23(1) to attend an accident scene proposes to send a tow truck in substitution for the authorised tow truck, the operator must notify the Allocation Centre and obtain the assent of the officer in charge of the Allocation Centre. Penalty: 30 penalty units. 26. Cancellation of authorisation (1) The officer in charge of the Allocation Centre may cancel an authorisation given under regulation 23(1) if the operator of the authorised tow truck— (a) is unable to attend the accident scene or cannot fulfil the authorisation; or (b) requests under regulation 25 that a different tow truck be substituted for the authorised tow truck. 20 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 5—Tow Truck Operations in the Controlled Area (2) If an authorisation is cancelled under subregulation (1), the officer in charge of the Allocation Centre must— (a) notify the operator of the authorised tow truck or a person at the authorised depot for the tow truck or the authorised office that the authorisation is cancelled; and (b) under regulation 23(1) authorise a licensed tow truck operated by the operator or another operator to attend the accident scene. 27. Attendance at accident scene in controlled area or approved place (1) The driver of a tow truck that is lifting or towing a motor vehicle at an accident scene in the controlled area or an approved place must, if asked by a member of the police force, a person authorised by the licensing authority or a VicRoads officer, tell the member, person or officer the job number allocated by the Allocation Centre. Penalty: 20 penalty units. (2) This regulation does not apply to a heavy accident tow truck being operated in accordance with, and under the authority of, a heavy accident tow truck towing licence. (3) In this regulation "approved place" means a place approved by the licensing authority for the purposes of section 183B(4)(c) of the Act in respect of a vehicle that was towed to that place in the circumstances set out in section 183B(4) of the Act. Note: Section 183B(4) of the Transport Act 1983 deals with accident scenes on the Link road or the Extension road (within the meaning of the Melbourne City Link Act 1995). 21 r. 27 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 r. 28 Part 5—Tow Truck Operations in the Controlled Area 28. Attendance at accident scene outside controlled area (1) The operator of a tow truck on the roster kept by the Allocation Centre must ensure that the tow truck does not attend an accident scene outside the controlled area without written authorisation from the licensing authority. Penalty: 30 penalty units. (2) The licensing authority may authorise in writing the operator of a tow truck to operate outside the controlled area to the extent specified in the authorisation. __________________ 22 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 6—Tow Truck Operations Generally PART 6—TOW TRUCK OPERATIONS GENERALLY Division 1—Authorities to Tow 29. Authorities to tow (1) For the purposes of the definition of "authority to tow" in section 86 of the Act, the form set out in Schedule 1 is prescribed. (2) The operator of a tow truck must ensure that the tow truck is not driven or used unless there is in the tow truck a bound book of authorities to tow. (3) The operator of a tow truck must ensure that— (a) the authorities to tow numbered in series in the bound book are at least in duplicate and are used in order of serial number; and (b) before a motor vehicle is towed by the tow truck, all the details in an authority to tow are completed and, after the authority is completed, it is signed by the person authorising the towing of the vehicle; and (c) before the motor vehicle is towed, a copy of the completed and signed authority to tow is given to the person who signed it; and (d) the towed motor vehicle is taken to the place specified in the authority to tow as the place to where the vehicle is to be towed. (4) An operator of a tow truck who fails to comply with sub-regulation (2) or (3) is guilty of an offence. Penalty: 20 penalty units. 23 r. 29 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 r. 30 Part 6—Tow Truck Operations Generally 30. Persons who can sign an authority to tow form (1) An authority to tow in respect of a damaged motor vehicle may only be signed— (a) by the owner of the vehicle or the owner's agent; or (b) by the driver of the vehicle; or (c) as provided in sub-regulation (2) or (4). (2) If the owner or driver of the damaged motor vehicle, or the owner's agent, is absent from the accident scene or unable to sign the authority to tow due to incapacity, a member of the police force, a person authorised by the licensing authority or a VicRoads officer may sign the authority to tow. (3) An authority to tow signed under subregulation (2) may request the operator of a tow truck to move the damaged motor vehicle from the accident scene to— (a) the authorised depot of the tow truck; or (b) another place specified in the authority to tow. (4) In the case of an accident scene on the Link road or Extension road, an authority to tow may be signed by a person acting in accordance with section 114A(1) of the Melbourne City Link Act 1995. (5) The owner of a damaged motor vehicle is liable for any fees or expenses incurred by reason of a request under sub-regulation (2) or (4). 24 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 6—Tow Truck Operations Generally (6) An operator must not attempt to hold a member of the police force, person authorised by the licensing authority, a VicRoads officer or a person acting in accordance with section 114A(1) of the Melbourne City Link Act 1995 liable for any fees or expenses incurred by reason of a request under sub-regulation (2) or (4). Penalty: 20 penalty units. 31. Authority to tow to be carried and produced (1) The driver of a tow truck which is towing a damaged motor vehicle must have in the tow truck a copy of an authority to tow for the damaged motor vehicle signed by the person authorising the towing. (2) The driver of a tow truck must, if requested by a member of the police force, a person authorised by the licensing authority or a VicRoads officer— (a) produce for inspection a copy of the authority to tow for the motor vehicle being towed; and (b) give details about the origin and destination of the motor vehicle being towed; and (c) allow the member of the police force, person authorised by the licensing authority or VicRoads officer to inspect or examine the motor vehicle being towed. Penalty: 20 penalty units. 25 r. 31 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 r. 32 Part 6—Tow Truck Operations Generally 32. Moving motor vehicle to reduce a hazard (1) This regulation applies if— (a) a damaged motor vehicle cannot be driven from an accident scene; (b) the damaged motor vehicle is causing a hazard on a highway. (2) If the driver of a damaged motor vehicle under sub-regulation (1) is unable to complete the authority to tow, the operator of a tow truck may— (a) complete the authority to tow as far as is practicable in the circumstances; (b) move the damaged motor vehicle to the side of the highway beside the approximate point of impact to reduce the hazard. (3) Nothing in this regulation is to be taken to authorise any towing in the controlled area. Division 2—Authorised Tow Truck Depot 33. Depots (1) The operator of a licensed tow truck must ensure that the tow truck operates from and is usually garaged and otherwise based at the authorised depot for the licensed tow truck. Penalty: 20 penalty units. (2) If the address of a tow truck depot is in the controlled area, the licensing authority may allocate a depot number for the tow truck depot. 26 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 6—Tow Truck Operations Generally 34. Storage of damaged vehicles (1) A licence holder must ensure that the authorised depot for the licensed tow truck has a secure area for the storage of all damaged motor vehicles which have been towed to the depot. Penalty: 20 penalty units. Example A secure area may include an area protected (when unattended) by high non-transparent fencing, night lighting and locked gates or a locked building. (2) The operator of a tow truck must ensure that any damaged motor vehicle being towed to the authorised depot for the licensed tow truck is taken into and stored within that secure area at all times until it is removed from the depot pursuant to the authority of the owner of the damaged motor vehicle, the owner's agent or other valid authority. Penalty: 20 penalty units. (3) Without limiting sub-regulation (2), a damaged motor vehicle is removed pursuant to a valid authority if it is removed in compliance with a request by— (a) a member of the police force acting in the course of his or her duties; or (b) an insurer of the damaged motor vehicle acting with the consent of the owner; or (c) a person who has a secured or unsecured interest in the damaged motor vehicle. 27 r. 34 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 r. 35 Part 6—Tow Truck Operations Generally Division 3—Accident Scenes 35. Removal of debris, glass and hazards at accident scene The driver of a tow truck which moves a damaged motor vehicle from or within an accident scene must ensure that before the tow truck leaves the accident scene— (a) all debris and glass from the accident scene is removed; and (b) if there is a hazard attributable to the accident, the appropriate authorities have been notified of the existence of the hazard. Penalty: 20 penalty units. Example If a gas pipe has been damaged by an accident and appears to be leaking gas the driver must ensure that the Metropolitan Fire and Emergency Services Board or the Country Fire Authority and the authority responsible for maintenance of the gas pipe have been notified. 36. Refusal to tow from accident scene (1) If the operator of a tow truck attends an accident scene, the operator must not refuse to tow a damaged motor vehicle to a particular place when asked to do so by— (a) a member of the police force; or (b) a person authorised by the licensing authority; or (c) an officer of VicRoads; or (d) the owner or driver of the damaged motor vehicle. Penalty: 30 penalty units. 28 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 6—Tow Truck Operations Generally (2) Despite sub-regulation (1), an operator of a tow truck is not required to tow a damaged motor vehicle to a place requested by the owner or driver of the vehicle if— (a) the tow truck driver tows the vehicle to a place approved by the licensing authority in accordance with section 183B(4) of the Act; or (b) the vehicle is moved in accordance with section 114A of the Melbourne City Link Act 1995. __________________ 29 r. 36 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 r. 37 Part 7—Demerit Points PART 7—DEMERIT POINTS Note: Sections 181B and 181C of the Transport Act 1983 deal with the Demerits Register. 37. How demerit points are incurred (1) In this regulation— "appropriate number of demerit points" for a relevant offence means the number of demerit points set out in Column 3 of Schedule 2 for that offence; "relevant offence" means an offence described in Columns 1 and 2 of Schedule 2 or a corresponding offence against the law of another State or Territory. (2) For the purposes of section 181B(2) of the Act, a person incurs demerit points if the person— (a) is convicted or found guilty of a relevant offence; or (b) pays the penalty specified in an infringement notice issued for a relevant offence. (3) The licensing authority must maintain the Register in a manner that records points incurred by tow truck licence holders separately from points incurred by the holders of accident towing driver authorities. (4) For the purpose of ascertaining the total number of demerit points against any person, points recorded against a person as the holder of an accident towing driver authority are not to be added to points recorded against that person as the licence holder. 30 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 7—Demerit Points (5) For the purpose of working out the total number of demerit points for any licence holder, the demerit points are to be accumulated individually against the licence applicable to the vehicle used in the commission of each offence. (6) Demerit points are incurred for a relevant offence on— (a) the date on which the amount of the penalty specified in an infringement notice is paid; or (b) if the amount of the penalty specified in an infringement notice is not paid and notice of objection is not given within the time specified in the notice, the date on which the period specified in the notice as the time for payment expires; or (c) in any other case, the date on which the person was convicted or found guilty. 38. Notice of recording of demerit points A notice under section 181B(7) of the Act must contain— (a) details of the tow truck licence or registration number; (b) details of any accident towing driver authority and driver's licence held by the person; (c) particulars of the offence including the date of the offence and the number of demerit points recorded in respect of the offence; (d) particulars of any demerit points previously recorded against the person. __________________ 31 r. 38 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Part 8—General r. 39 PART 8—GENERAL 39. Expiry These Regulations cease to have any force or effect on 14 November 2008. __________________ 32 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Sch. 1 SCHEDULES SCHEDULE 1 Regulation 29 AUTHORITY TO TOW The full name and address of the licence holder of the tow truck The registered number of the tow truck The full name of the tow truck driver The accident towing driver authority number of the tow truck driver The driver licence number of the tow truck driver The name and address of the owner of the motor vehicle which is to be towed The make and registration number of the motor vehicle which is to be towed The date, time and place when and where the authority to tow was completed The Allocation Centre job number (if applicable) The location of the vehicle before removal The full name and address of the person who is authorising the tow and whether they are— (a) the owner or driver of the motor vehicle; (b) the owner's agent; (c) a member of the police force; (d) a person authorised by the licensing authority or an officer of VicRoads; or (e) a person acting in accordance with section 114A(1) of the Melbourne City Link Act 1995 The address to where the motor vehicle is to be towed Signature of the person authorising the towing __________________ 33 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Sch. 2 SCHEDULE 2 Regulation 37 DEMERIT POINTS Note: The following abbreviations are used in this Schedule: TA—Transport Act 1983 T (TT) R—Transport (Tow Truck) Regulations 2005 RS (G) R—Road Safety (General) Regulations 1999 RS (RR) R—Road Safety (Road Rules) Regulations 1999 SOA—Summary Offences Act 1966 Column 1 Column 2 Description of Offence Reference Column 3 Column 4 No. of Points RS (G) R Schedule 4 Code Reference Failing to notify licensing authority of change of address T (TT) R 6(1)(c) TA 182C(3)(b) 2 4401 Failing to maintain copies of invoices T (TT) R 8(a)(i) 3 4408 Failing to keep authority to tow forms T (TT) R 8(a)(ii) 4 4409 Failing to maintain a record of tow truck drivers T (TT) R 8(a)(iii) 4 4410 Failing to make records available on demand T (TT) R 8(d) 4 4415 Tow truck not fitted with broom, shovel or rubbish receptacle T (TT) R 10 3 4406 Tow truck not equipped with fire extinguisher T (TT) R 10 2 4407 34 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Sch. 2 Column 1 Column 2 Column 3 Column 4 Description of Offence Reference No. of Points RS (G) R Schedule 4 Code Reference Tow truck not fitted with flashing or rotating light or lights T (TT) R 10 2 4405 Name and address, tare and gross, or depot number not displayed on tow truck T (TT) R 12 3 4421 Failing to produce tow truck for inspection T (TT) R 14(2) 4 4426 Permitting tow truck to be driven or used when prohibited by notice T (TT) R 15(3) 4 4427 Tow truck driver failing to activate warning lights as specified T (TT) R 17(1) 2 4400 Failing to attend accident within 30 minutes of being given allocation T (TT) R 24(1)(a) 4 4411 Attend accident scene outside controlled area without authorisation T (TT) R 28(1) 3 4425 Tow motor vehicle to place other than specified in authority to tow form T (TT) R 29(3)(d) 4 4423 Authority to tow book not carried under regulation 29(2) T (TT) R 29(4) 3 4402 Failing to enter all particulars on authority to tow under regulation 29(3)(b) T (TT) R 29(4) 4 4403 35 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Sch. 2 Column 1 Column 2 Column 3 Column 4 Description of Offence Reference No. of Points RS (G) R Schedule 4 Code Reference Failing to give copy of completed authority to tow to signatory under regulation 29(3)(c) T (TT) R 29(4) 4 4404 Failing to operate tow truck from authorised depot T (TT) R 33(1) 4 4428 Tow truck driver failing to remove debris and glass T (TT) R 35(a) RS (RR) R 603 3 4424 Failing to tow damaged vehicle on request T (TT) R 36(1) 6 4422 Unlicensed tow truck TA 172(1), 172A(1), 172B(1) 4 4419 Operate heavy tow truck towing damaged motor vehicle under 4 tonnes from accident scene TA 172B(3) 6 4420 Touting or soliciting at accident scene for towing, storing, removal or repair of damaged vehicle TA 177(1), (2), (3) 6 4414 Drive or travel in tow truck not being an authority holder TA 182A(1) 4 4416 Permit person to drive or travel in tow truck not being an authority holder TA 182A(2), (3) 6 4418 Fail to carry or produce driver authority on demand TA 182C(1), (2) 2 4417 36 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Sch. 2 Column 1 Column 2 Column 3 Column 4 Description of Offence Reference No. of Points RS (G) R Schedule 4 Code Reference Tow truck driver at accident scene unlawfully attending, towing or attempting to tow damaged motor vehicle TA 183B(1) 6 4412 Obscene language, offensive behaviour etc. (licence or authority holder in towing-related circumstances) SOA 17 4 Assault (licence or authority holder in towing-related circumstances) SOA 23 6 ═══════════════ 37 Transport (Tow Truck) Regulations 2005 S.R. No. 136/2005 Endnotes ENDNOTES 1 Reg. 3: The Transport (Tow Truck) Regulations 1994, S.R. No. 182/1994, were made on 15 November 1994 by the Governor in Council under sections 185 and 256 of the Transport Act 1983, No. 9921/1983 and came into operation on 16 November 1994: regulation 3. They sunset on 14 November 2005. —— Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 4(1) Government Gazette G44 31 October 2002 Declaration of Controlled Area (pp 2919–2921 of Gazette) 38