New South Wales Consolidated Acts

TOW TRUCK INDUSTRY ACT 1998 - SECT 3

3 Definitions

(1) In this Act:
"accident" means any collision, impact or other event (however caused) resulting in damage to a motor vehicle.
"accident towing work" means the towing or carrying away by a tow truck of a motor vehicle involved in an accident, either from the scene of the accident or from the place to which the motor vehicle has been moved following the accident.
"approved" means approved by the RTA from time to time.
"authorised officer" means a member of staff of the Roads and Traffic Authority Division of the Government Service who is authorised in writing by the RTA for the purposes of this Act.
"certified driver" means the holder of a drivers certificate.
"close associate" -see section 5.
"criminal intelligence" means information classified by the Commissioner of Police as criminal intelligence within the meaning of the Crimes (Criminal Organisations Control) Act 2009 .
"drivers certificate" means a tow truck drivers certificate in force under this Act.
"driver licence" means a driver licence (within the meaning of the Road Transport (Driver Licensing) Act 1998 ), or a driver’s licence (within the meaning of the Traffic Act 1909 ).
"emergency services officer" means an officer or employee of an emergency services organisation within the meaning of the State Emergency and Rescue Management Act 1989 .
"exercise" a function includes perform a duty.
"function" includes a power, authority or duty.
"holding yard" means a place used for the purposes of the safekeeping of towed motor vehicles.
"licence" means a tow truck operators licence in force under this Act.
"licensed tow truck" means a tow truck that is used or operated under the authority of a licence.
"licensee" means the holder of a licence.
"motor vehicle" means a motor vehicle (other than a light rail vehicle) or trailer within the meaning of the Road Transport (General) Act 2005 .
"operate" a tow truck includes tow a motor vehicle by means of the tow truck.
"road" means a road within the meaning of the Road Transport (General) Act 2005 (other than a road that is the subject of a declaration made under section 15 (1) (b) of that Act relating to all of the provisions of that Act).
"road related area" means a road related area within the meaning of the Road Transport (General) Act 2005 (other than a road related area that is the subject of a declaration made under section 15 (1) (b) of that Act relating to all of the provisions of that Act).
"RTA" means the Roads and Traffic Authority.
"scene of an accident" means an area proximate to the point where a motor vehicle involved in an accident has, as an immediate result of the accident, come or been brought to a stationary position.
"tow" includes:

(a) lift and tow, or lift and carry, and

(b) lift for the purpose of towing or carrying, and

(c) carry on a trailer, and

(d) place onto a trailer for the purpose of carrying, and

(e) any other action prescribed by the regulations for the purposes of this definition,

but does not include any activity declared by the regulations not to be towing for the purposes of this Act.
"tow truck" -see section 4.
"tow truck operator" means a person who conducts a business involving the operation of any tow truck for the purposes of towing motor vehicles.
"towing authorisation" means an authorisation required under Part 4.

(2) A reference in this Act to an "application" for a licence or drivers certificate includes a reference to an application for the renewal of a licence or drivers certificate.

(3) Notes included in this Act do not form part of this Act.