New South Wales Consolidated Regulations

TOW TRUCK INDUSTRY REGULATION 2008 - REG 49

49 Licensee required to keep certain records of non-accident towing work

(1) A licensee must make a record of the following matters in relation to each occasion on which a licensed tow truck is used or operated by a relevant tow truck driver for any towing work other than accident towing work:

(a) the time and date on which a motor vehicle is towed,

(b) details of where the motor vehicle is towed from and the destination of the tow,

(c) the registration number of the motor vehicle, or, if there is no registration number, the chassis number or the engine number (if any) of the vehicle,

(d) the name and contact details of the person who arranged for the motor vehicle to be towed,

(e) the name and contact details of any person who takes possession of the towed motor vehicle at the destination of the tow,

(f) details of any charges made by the licensee in relation to the tow.

Note: Section 60 of the Act also requires certain information to be recorded by a licensee on each occasion on which a licensed tow truck is used or operated by a tow truck driver.

(2) Any such record must:

(a) be in the approved form, and

(b) include particulars of the name and business address of the licensee, and

(c) be completed in the approved manner and as soon as practicable in relation to each occasion on which the licensed tow truck is used or operated.

(3) The licensee must keep the record at the licensee’s place of business for at least 5 years after the information is recorded.

(4) If the licence is revoked or suspended or otherwise ceases to be in force, the licensee must provide to the RTA any records kept in accordance with this section.

(5) The licensee must, on demand by an authorised officer or a police officer, provide the officer with the name and address of any tow truck driver whose services have been or are being used by the licensee.

Maximum penalty (subclauses (1)-(5)): 50 penalty units.

(6) In this clause, "relevant tow truck driver" means a tow truck driver who is employed or engaged by the licensee or whose services are otherwise used by the licensee.