Western Australian Consolidated Regulations (1) Notwithstanding
regulation 279(1) of the Road Traffic Code 2000 , a Class 3 tow
truck may, with the permission of a member of the Police Force or the
Commissioner, tow a disabled articulated vehicle which, in the opinion of that
member of the Police Force or the Commissioner, it would not be safe to
uncouple to allow towing of part only of the vehicle, to a place where it will
not constitute a hazard to traffic or to any person.
(2) The permission
referred to in subregulation (1) —
(a) may
be subject to such conditions as the relevant member of the Police Force, or
the Commissioner, considers are appropriate which, without limiting the
generality of the foregoing, may include conditions relating to the route to
be taken or the speed at which the vehicle is to be towed; and
(b) in
the case of permission that has been given by a member of the Police Force,
shall, unless the member of the Police Force concerned is to be in attendance
throughout the towing operation, be evidenced by a document in writing
completed in duplicate and signed by that member of the Police Force,
containing the following particulars —
(i)
the registered number of the tow truck;
(ii)
the registered number or numbers or other identifying
particulars of the articulated vehicle;
(iii)
the place from where the articulated vehicle is to be
moved;
(iv)
the place to where the articulated vehicle is to be
taken;
(v)
the date, time, and period during which, towing is
authorised; and
(vi)
the conditions to be observed whilst towing.
(3) The original of
the document referred to in subregulation (2)(b) shall be carried by the
driver of the tow truck and shall be produced on demand to any member of the
Police Force.
(4) The duplicate of
the document referred to in subregulation (2)(b) shall be retained by the
member of the Police Force who signed it.
(5) A driver of a tow
truck who tows or attempts to tow away any articulated vehicle except in
accordance with this regulation and any condition imposed pursuant to
subregulation (2) is guilty of an offence.
[Regulation 13A inserted in Gazette
25 May 1984 p. 1386-7; amended in Gazette 7 Dec 1999
p. 5998-9; 1 Dec 2000 p. 6763; 1 Nov 2002
p. 5401.]