ROAD TRANSPORT ACT 2013 - SECT 144 Removal of vehicles--incidental provisions relating to towing

ROAD TRANSPORT ACT 2013 - SECT 144

144 Removal of vehicles--incidental provisions relating to towing

(cf STM Act, s 76A)

(1) If a motor vehicle or trailer is removed in accordance with this Division by a tow truck, the person operating or driving the tow truck may take such action as is reasonable or necessary to facilitate the towing of the vehicle or trailer in a manner that does the least damage to the vehicle or trailer. In taking any such action, the person is not liable for any damage to the vehicle or trailer that the person causes.

Note : For example, a tow truck driver may need to break into an unattended motor vehicle that is causing an obstruction in order to release the hand brake and avoid doing serious damage to the vehicle's transmission.

(2) If a motor vehicle or trailer is removed in accordance with this Division by a tow truck, the person or body that authorised or caused the removal is not vicariously liable for any damage caused to the vehicle or trailer by the person operating or driving the tow truck.