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MOTOR VEHICLES ACT 1959 - SECT 98O

MOTOR VEHICLES ACT 1959 - SECT 98O

98O—Persons who may ride in towtruck

        (1)         No person other than—

            (a)         the driver of the towtruck; and

            (b)         the owner, driver or person in charge of a vehicle that is being, or is to be, towed,

may ride in or upon a towtruck while it is being driven within the declared area to the scene of an accident.

Maximum penalty: $750.

        (2)         A person other than—

            (a)         the driver of the towtruck; and

            (b)         the owner, driver or person in charge of a damaged vehicle that is being towed; and

            (c)         any person who was a passenger in that damaged vehicle,

must not ride in or upon a towtruck while it is towing a damaged vehicle within the declared area from the scene of an accident.

Maximum penalty: $750.

        (3)         Where a person rides in or upon a towtruck in contravention of subsection (1) or (2), the driver of the towtruck is also guilty of an offence.

Maximum penalty: $750.

        (4)         An allegation in any information for an offence against this section that a towtruck was being driven, or was towing a vehicle, within the declared area to or from the scene of an accident is, in the absence of proof to the contrary, proof of the facts so stated.

        (5)         Notwithstanding any other provision of this section, one other person who is the holder of a towtruck certificate or temporary towtruck certificate may accompany the driver (in addition to any other persons referred to in subsection (1) or (2)) on any towtruck with a mass of more than five tonnes.