New South Wales Consolidated Acts

TOW TRUCK INDUSTRY ACT 1998 - SECT 49

49 Requirement to obtain towing authorisation

(1) A certified driver must not carry out, or attempt to carry out, any accident towing work unless a towing authorisation has been obtained for the towing work.

Maximum penalty: 50 penalty units.

(2) However, a person is not required to comply with subsection (1) if the person is carrying out, or is attempting to carry out, the towing work:

(a) in accordance with any direction of a police officer or an authorised officer (including a direction that is given by telephone or other electronic transmission) to move a motor vehicle that, in the opinion of the officer, is causing an unreasonable obstruction to traffic, to the nearest place where it no longer causes an obstruction to traffic, or

(b) in such circumstances as may be prescribed by the regulations.

(3) A police officer or authorised officer may only give a direction described in subsection (2) (a) if, in the opinion of the officer, the motor vehicle cannot reasonably, in the circumstances, be driven away.

(4) The regulations may provide that a towing authorisation is required in such other circumstances as may be prescribed.

(5) A towing authorisation required by or under this section is to be in the approved form.