MOTOR VEHICLES ACT 1959 - SECT 98MD
MOTOR VEHICLES ACT 1959 - SECT 98MD
98MD—Only persons directed by police to proceed to or be present at
scene of accident for purposes related to removal, wrecking or repair
(1) A person must not,
for or in expectation of a fee, reward or benefit of any kind, or in the
course of a business, proceed to, or be present at, the scene of an accident
that occurred within the declared area for any purpose related to the removal,
storage, repair or wrecking of a motor vehicle that was damaged in the
accident unless the person—
(a) is
the holder of a towtruck certificate; and
(b) is
acting pursuant to an accident towing direction given—
(i)
if the person is a towtruck operator—to the person;
or
(ii)
in any other case—to a towtruck operator by whom
the person is employed; and
(c) is
proceeding or has proceeded to the scene of the accident in a towtruck
registered in the name of the towtruck operator to whom the accident
towing direction was given.
Maximum penalty: $10 000.
(2) In any proceedings
for an offence against subsection (1), an allegation in the information
that the defendant was acting for a purpose related to the removal, storage,
repair or wrecking of a motor vehicle damaged in the accident is, in the
absence of proof to the contrary, proof of the facts so alleged.
(3) A police officer
or an authorised officer may, for the purpose of protecting the driver, owner
or person in charge of a motor vehicle damaged in an accident (whether
occurring within or outside the declared area) from undue soliciting or
harassment, require a person to leave the scene of the accident, or give such
other direction as the police officer or authorised officer thinks fit to a
person present at the scene of the accident.
(4) A person must
comply with any requirement or direction given under this section.
Maximum penalty: $1 250.