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;
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Part 1—Preliminary
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(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;
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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).
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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.
__________________
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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;
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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.
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(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.
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Part 4—Vehicles
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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 125 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
125 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
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Column 1
Column 2
Specifications and equipment
Exceptions
Fire extinguishing equipment
Equipped with either a fully
maintained foam fire extinguisher of
at least 45 litres capacity or a dry
chemical powder fire extinguisher
of at least 45 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.
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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.
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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.
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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.
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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.
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(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.
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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.
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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.
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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.
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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
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(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.
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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.
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(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).
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
__________________
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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.
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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.
__________________
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Part 8—General
r. 39
PART 8—GENERAL
39. Expiry
These Regulations cease to have any force or
effect on 14 November 2008.
__________________
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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
__________________
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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
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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
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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
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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
═══════════════
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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