MOTOR VEHICLES ACT 1959 - SECT 98ME
MOTOR VEHICLES ACT 1959 - SECT 98ME
98ME—Towing of vehicle at or from scene of accident
(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, tow or otherwise remove a motor vehicle damaged in an
accident that occurred within the declared area at or from the scene of 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) tows
the damaged vehicle by means of a towtruck registered in the name of the
towtruck operator to whom the accident towing direction was given; and
(d) has
before removing the damaged vehicle personally obtained from the owner or
person in charge of the vehicle or an authorised officer or police officer
authorisation to remove the vehicle in the form of a valid authority to tow.
Maximum penalty: $10 000.
(2) An
authority to tow is not valid for the purposes of subsection (1)—
(a) if
it is given by a towtruck operator, towtruck driver or a person acting on
behalf of a towtruck operator, or towtruck driver, unless the towtruck
operator or towtruck driver is the owner of the damaged vehicle or was the
driver of, or a passenger in, the vehicle immediately before the accident
occurred; and
(b) if
it is given by a person under the age of 16 years; and
(c)
unless it is contained in a document issued by the Registrar to the
towtruck operator to whom the accident towing direction was given for use as
an authority to tow; and
(d)
unless it is signed and completed in triplicate; and
(e)
unless the towtruck driver before presenting the document to any person for
signature fully and accurately enters in the document the particulars required
by the document; and
(f)
unless the document is signed by the person authorising removal of the damaged
vehicle; and
(g)
unless the towtruck driver, forthwith upon obtaining the signature of the
person authorising removal of the damaged vehicle, signs the document
personally and enters in it the date and time at which each person signed it
and then forthwith delivers the original of the authority to that other
person.
(3) A towtruck driver
who has obtained an authority to tow under this section authorising the
towtruck driver to remove a vehicle from the scene of an accident must remove
the vehicle in accordance with the terms of the authority to the address
specified in the authority by the shortest route practicable and leave the
vehicle at that address until it is lawfully removed.
Maximum penalty: $1 250.
(4) A person must not
prevent by intimidation or force a person duly authorised to remove a damaged
motor vehicle from the scene of an accident from doing so, or from delivering
the vehicle to and leaving it at the place specified in the authority.
Maximum penalty: $1 250.
(5) Where a towtruck
driver has been given, or expects to be given, a fee, reward or benefit of any
kind in anticipation of, or return for, removing a damaged vehicle from the
scene of an accident to a particular place (other than the registered premises
of the towtruck operator to whom the accident towing direction was given), the
towtruck driver must not solicit from the owner or person in charge of the
vehicle authorisation to remove the vehicle to that place.
Maximum penalty: $1 250.
(6) Where, in
proceedings for an offence against subsection (5), it is proved that the
defendant solicited from the owner or person in charge of a motor vehicle
authorisation to remove the vehicle from the scene of an accident to a place
other than the registered premises of the towtruck operator to whom the
accident towing direction was given, the defendant will be taken, in the
absence of proof to the contrary, to have been given, or to have expected to
be given, a fee, reward or benefit of any kind in anticipation of, or return
for, removing the vehicle to that place.
(7) A person must not
alter any of the particulars in an authority to tow under this section without
the consent of the person who gave the authority indicated by signature of
that person in the margin of the authority near to the alteration.
Maximum penalty: $1 250.
(8) Where an
alteration is made to any of the particulars in an authority to tow under this
section, the authority is not valid for the purposes of this section unless
the signatures of the towtruck driver and the person who gave the authority
appear in the margin of the authority near to the alteration.
(9) A person must not
solicit a person who has signed an authority to tow a motor vehicle from the
scene of an accident for a revocation or variation of that authority or for
any further or other authorisation superseding that authority.
Maximum penalty: $1 250.
(10) An
authorised officer or a police officer present at the scene of an accident
may, by oral or written direction, revoke an authority to tow if the
authorised officer or police officer considers that—
(a) the
particulars required to be entered in the authority have not been fully or
correctly entered; or
(b) the
authority or an alteration of the authority has been obtained or made in
contravention of a provision of this Act; or
(c) the
removal or repair of the vehicle should be delayed in order to preserve
evidence for the purpose of future court proceedings.
(11) An authorised
officer or a police officer may give such directions as are reasonable in the
circumstances to a towtruck operator or towtruck driver requiring that person
to tow or remove a motor vehicle at or from the scene of an accident (whether
or not an authority to tow has been obtained in respect of that vehicle and
whether the accident occurred within or outside the declared area) for the
purpose of removing or preventing an obstruction or danger arising or likely
to arise from the accident.
(12) A
towtruck operator or towtruck driver must not, without reasonable excuse, fail
to comply with a direction given under subsection (11).
Maximum penalty: $1 250.
(13) A towtruck driver
who has obtained an authority to tow under this section in relation to a
motor vehicle—
(a) must
within the period of ten hours after obtaining the authority, deliver the
duplicate and triplicate copies of the authority to the registered premises of
the towtruck operator to whom the accident towing direction in relation to
that motor vehicle was given; and
(b)
must, until those copies of the authority have been delivered, carry them with
the towtruck driver and, on demand, produce them for inspection to an
authorised officer or police officer.
Maximum penalty: $1 250.
(14) A
towtruck operator (being a towtruck driver or the employer of a
towtruck driver who has obtained an authority to tow)—
(a) must
ensure—
(i)
that the duplicate and triplicate copies of the
authority to tow are completed in the prescribed manner with the prescribed
additional information;
(ii)
that the duplicate copy so completed is forwarded to
the Registrar in such manner and within such time as may be prescribed; and
(b) must
retain the triplicate copy at the towtruck operator's registered premises for
a period of not less than three years after receipt of the authority.
Maximum penalty: $1 250.
(15) Where a
towtruck operator removes a motor vehicle from the scene of an accident in
accordance with an authority to tow to the place specified in the authority
and leaves the vehicle at that place, the towtruck operator is entitled to
recover from the owner of the vehicle, by action in a court of competent
jurisdiction, as a debt, a fee for so removing the vehicle determined
according to the prescribed scale of fees.