New South Wales Consolidated Regulations

TOW TRUCK INDUSTRY REGULATION 2008

- Made under the Tow Truck Industry Act 1998
- As at 1 July 2011
- Reg 366 of 2008

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   4.      Meaning of “tow” and “tow truck”

   PART 2 - LICENCES AND DRIVERS CERTIFICATES

           Division 1 - Provisions relating to licences

   5.      Particulars to be included in licence applications
   6.      Application for licence
   7.      Offences that disqualify applicants for licences
   8.      Qualifications of tow truck operators
   9.      Additional grounds for refusing licence application
   10.     Payment of licence fee
   11.     Licence conditions
   12.     Exemption from “on-hook” liability insurance requirement
   13.     Exemption from certain licence conditions for tow trucks registered interstate

           Division 2 - Provisions relating to drivers certificates

   14.     Particulars to be included in drivers certificate applications
   15.     Application for drivers certificate
   16.     Offences that disqualify applicants for drivers certificates
   17.     Qualifications of tow truck drivers
   18.     Additional grounds for refusing application for drivers certificate
   19.     Particulars on drivers certificate
   20.     Conditions of drivers certificate
   21.     Payment of drivers certificate fee

           Division 3 - General provisions

   22.     Variation of licence conditions
   23.     Refund of fees if licence or drivers certificate voluntarily surrendered
   24.     Pending application for subsequent licence or drivers certificate
   25.     Furnishing of information

           Division 4 - Exemption for persons who tow scrap metal

              Subdivision 1 - Exemption from requirement to hold a licence

   25A.    Exemption from requirement to hold a licence

              Subdivision 2 - Exemption from requirement to hold a drivers certificate

   25B.    Exemption from requirement to hold a drivers certificate

              Subdivision 3 - Exemption authorities

   25C.    Application for exemption authority
   25D.    Restrictions on granting exemption authority
   25E.    Grant of exemption authority
   25F.    Duration of exemption authority
   25G.    Revocation of exemption authority
   25H.    Proposed changes in particulars to be reflected in replacement exemption authority
   25I.    Proposed additional tow truck to be provided with additional signs
   25J.    Requirement to return exemption authority
   25K.    Register of holders of exemption authority

   PART 3 - TOWING AUTHORISATIONS

   26.     Definition
   27.     Exception from requirement to obtain towing authorisations for towing work
   28.     Requirement to leave accident scene once towing authorisations obtained
   29.     Persons who may give towing authorisations
   30.     Completion of, and dealing with, towing authorisations
   31.     False information in towing authorisations
   32.     Other requirements relating to towing authorisations
   33.     Towing authorisation books
   34.     Keeping and production of towing authorisations

   PART 4 - HOLDING YARDS

   35.     Location of holding yards
   36.     Security requirements
   37.     Storage capacity
   38.     Access to holding yard
   39.     Holding yard register
   40.     Certain operators not required to maintain a holding yard

   PART 4A - FEES FOR TOWING, SALVAGE, STORAGE AND RELATED SERVICES
   Note

           Division 1 - Preliminary

   40A.    Application
   40B.    Definitions

           Division 2 - Maximum fees for towing work involving light motor vehicles

   40C.    Maximum fees for accident towing work involving light motor vehicles
   40D.    Maximum fees for recovery towing work involving light motor vehicles
   40E.    Maximum fees for subsequent tows of light motor vehicles
   40F.    Fee cannot be charged for complying with police directions
   40G.    Fee cannot be charged for time spent waiting

           Division 3 - Maximum fees for towing work involving heavy motor vehicles

   40H.    Limitation on trucks that can charge for towing work involving heavy motor vehicles
   40I.    Maximum fees for accident towing work involving heavy motor vehicles
   40J.    Maximum fees for stolen motor vehicle recovery involving heavy motor vehicles
   40K.    Stand by rate
   40L.    Fee cannot be charged for complying with police directions

           Division 4 - Maximum fees for certain salvage

   40M.    Fees cannot be charge for certain salvage
   40N.    Maximum fees for certain salvage of light motor vehicles
   40O.    Maximum fees for certain salvage of heavy motor vehicles
   40P.    Stand by rate for salvage of heavy motor vehicles

           Division 5 - Maximum fees for storage of motor vehicles damaged as a result of accident

   40Q.    Storage fees only apply to storage in licensee’s holding yard
   40R.    Storage time commences when motor vehicle is registered in holding yard register
   40S.    Storage fees do not apply to the first 72 hours of storage
   40T.    Maximum storage fees for light motor vehicles
   40U.    Maximum storage fees for heavy motor vehicles
   40V.    Fee cannot be charged for relocation of a motor vehicle
   40W.    Sign must warn customers about storage fees
   40X.    Procedure required before storage fees can be charged
   40Y.    Fee for access to motor vehicle outside business hours

           Division 6 - Other permissible fees

   40Z.    Maximum fees for travel time for accident towing work and stolen motor vehicle recovery involving heavy vehicles
   40ZA.   Requirements before additional fees may be charged for related services
   40ZB.   GST

           Division 7 - Fees that are not permitted

   40ZC.   Separate fee cannot be charged for fuel
   40ZD.   Services that cannot be charged for separately

           Division 8 - Invoices

   40ZE.   Photographs must be attached to certain invoices

   PART 5 - OTHER OFFENCES AND REQUIREMENTS

   41.     Offence to incite or encourage commission of offence
   42.     Misuse of licences and drivers certificates
   43.     Lost or stolen etc licences and drivers certificates
   44.     Tow truck equipment
   45.     Particulars to be displayed on tow trucks
   46.     Inspection of tow trucks
   47.     Tow truck number-plates to be visible while towing
   48.     Conduct and duties of tow truck drivers
   49.     Licensee required to keep certain records of non-accident towing work
   50.     Records relating to charges
   51.     Invoices
   52.     Disposal of unclaimed motor vehicles
   53.     Prohibited tow trucks
   54.     Stand-by tow trucks

   PART 6 - MISCELLANEOUS PROVISIONS

   55.     Exemption relating to interstate tow truck drivers and operators
   56.     Penalty notices
   57.     Savings
           SCHEDULE 1