Accident Towing Services Act 2007
Version No. 014
Accident Towing Services Act 2007
No. 30 of 2007
Version incorporating amendments as at
1 December 2013
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
4Objective
4ATransport Integration Act 2010
5Act to bind the Crown
Part 2—Requirements as to Tow Trucks
Division 1—Requirements for operating and driving certain tow trucks
6Requirement to hold tow truck licence
7Further requirements for operating tow trucks
8Requirement for tow truck being driven to be licensed
9Offences as to unlicensed tow trucks at road accident scenes
9AOffence to use vehicle other than tow truck to provide
accident towing services for hire or reward
Division 2—Licensing
10Power to issue regular tow truck licences
11Power to issue heavy tow truck licences
12Issue of new licences and re-issue of certain limited licences
13Period for which licence remains in force
Division 3—Authorisation for issue of new tow truck licences
14Ministerial authorisation for the issue of regular tow truck licences
15Ministerial authorisation for the issue of heavy tow truck
licences
16Notice of Ministerial authorisations under this Division
Division 4—Process for issuing new tow truck licences
17Notice that standard tow truck licences available
18Applications for standard tow truck licences
19Time within which VicRoads must deal with application
20Approval of applications
21Issue of standard tow truck licences to approved applicants etc.
22VicRoads' discretion as to persons to whom limited tow truck licences issued
Division 5—General provisions applying to tow truck licences
23Fees payable for licences
24Certificate on issue of licence
25Conditions on licences
26Offence not to comply with conditions on licence
27Specified tow trucks
28Nature of and dealings with tow truck licences
29Transfer of tow truck licence to another person
30Application for transfer of tow truck licence
31Recording and taking effect of transfer
Division 6—Cancellation and suspension of tow truck licences
32VicRoads may cancel or suspend a tow truck licence
33Effect of cancellation or suspension of accreditation of licence holder
34Requirement to surrender licence certificate on cancellation or suspension of towing operator accreditation
Division 7—Permits to operate tow trucks in specific circumstances
35Temporary permits
36Offence not to carry permit when driving
37Offence not to produce permit when asked
Division 8—Offences as to tow trucks
38Offence not to take care in driving or operating tow truck
39Offence to leave tow truck standing for more than a certain period
40Offence for persons to travel in accident damaged motor
vehicles
41Certain persons may be ordered to leave restricted road
accident area
Division 9—Operation of tow trucks in controlled areas
42Allocation offences in controlled areas
43Salvage exemption
44Prohibition on towing of vehicles removed from designated
roads unless allocated
45Further allocation offences
46Declaration of controlled areas
47Appointment of allocation body
48Creation of allocation roster entitlements
49Circumstances in which roster entitlements can be applied to another licence
50Nature of allocation roster entitlement
Division 10—Self-management areas
51Licence holder offences as to road accident scenes in self-management areas
52Self-management areas
Division 11—VCAT review
53Review of decision by VCAT
54Time period for making application to VCAT
Part 3—Industry Accreditation
Division 1—Objective and requirement for accreditation
55Industry accreditation objective
56Offence to operate or manage accident towing service
business without accreditation
57VicRoads to accredit persons to carry on or manage accident towing services business
58How long accreditation remains in force
Division 2—Application for accreditation
59Applications for tow truck operating accreditations
60Making of application
61VicRoads may require further information etc.
62Chief Commissioner of Police may supply information to VicRoads
63Time within which VicRoads must deal with application
64Nominated person
65When VicRoads may approve an application for accreditation
66Mandatory refusal of accreditation
67Refusal of accreditation unless VicRoads satisfied it is appropriate
68Discretionary refusal of accreditation
69Notification and reasons to be given if accreditation refused
70Disqualification for applying for accreditation
71Disqualification ceases if there has been a relevant change of circumstances
Division 3—Accreditation conditions and service standards
72Conditions on accreditation
73VicRoads may vary, revoke or impose new conditions
74Offence to fail to comply with conditions
75Service standards
Division 4—Certificates of accreditation
76Issue of certificate of accreditation
77Offence not to notify of change of address and return
certificate
78Offence to retain illegible certificate
Division 5—Disciplinary action
79When VicRoads must cancel accreditation
80When VicRoads may take disciplinary action
81Disciplinary action that may be taken in relation to
accreditations
82Procedure for taking disciplinary action
83Notice of disciplinary action
84Immediate suspension of accreditation
85Effect of suspension of accreditation
86Return of certificate of accreditation
Division 6—VCAT review and jurisdiction
87Original jurisdiction of VCAT in relation to mandatory
refusal or cancellation
88Review of decision by VCAT
89Time period for making application to VCAT
Division 7—Miscellaneous
90Accredited person to keep records
91Accreditation cannot be transferred
92Holder of accreditation and Chief Commissioner of Police to notify VicRoads of finding of guilt
93Offence not to notify of suspension or cancellation of accreditation
94Surrender of accreditation
95Consent to surrender
96Information disclosure by VicRoads
Part 4—Driver Accreditation
Division 1—Objective and requirement for accreditation
97Driver accreditation objective
98Offence to drive licensed tow truck or tow truck providing accident towing services without accreditation
99VicRoads to accredit persons to drive licensed tow truck and accompany driver
100How long accreditation remains in force
Division 2—Application for accreditation
101Applications for tow truck driver accreditation
102Making of application
103VicRoads may require further information
104Chief Commissioner of Police may supply information to VicRoads
105Time within which VicRoads must deal with application
106When VicRoads may approve an application for accreditation
107Mandatory refusal of accreditation
108Refusal of accreditation unless VicRoads satisfied it is appropriate
109Discretionary refusal of accreditation
110Notification and reasons to be given if accreditation refused
111Disqualification from applying for accreditation
112Disqualification ceases if there has been a relevant change of circumstances
Division 3—Accreditation conditions
113Conditions on accreditation
114VicRoads may vary, revoke or impose new conditions
115Offence to fail to comply with conditions
Division 4—Certificates of accreditation
116Issue of certificate of accreditation
117Offence not to sign certificate on receipt
118Offence not to notify of change of address and return certificate
119Offence to retain illegible certificate
120Offence not to carry certificate when driving
121Offence not to produce certificate when asked
Division 5—Disciplinary action
122When VicRoads must cancel accreditation
123Accreditation cancelled or suspended if driver licence
cancelled, expired or suspended
124When VicRoads may take disciplinary action
125Disciplinary action that may be taken in relation to
accreditations
126Procedure for taking disciplinary action
127Notice of disciplinary action
128Immediate suspension of accreditation
129Effect of suspension of accreditation
130Return of certificate of accreditation
131Compensation for lost income during suspension
Division 6—VCAT review and jurisdiction
132Original jurisdiction of VCAT in relation to mandatory
refusal
133Review of decision by VCAT
134Time period for making application to VCAT
Division 7—Miscellaneous
135Accreditation cannot be transferred
136Holder of accreditation and Chief Commissioner of Police
to notify of finding of guilt
137Offence not to notify of suspension or cancellation of accreditation
138Surrender of accreditation
139Consent to surrender
140Information disclosure by VicRoads
Division 8—Tow truck trainee permit
140APower to issue permit
140BPeriod for which a permit remains in force
140CConditions on permit
140DApplication for permit
140EMaking of application
140FVicRoads may require further information
140GChief Commissioner of Police may supply information to VicRoads
140HCancellation of permit
140IOffence not to carry permit when driving
140JOffence not to produce permit when asked
Part 5—General Accident Towing and Related Operations
Division 1—Authority to tow
141Definitions
142Offence to tow vehicle from road accident scene without
owner authority
143Authority to tow for towing in a controlled area
144Tow truck driver must provide copy of authority to tow to
owner before towing the vehicle
145Authority to tow to be carried and produced and job number
to be given
146Removal of accident damaged motor vehicles
146ALicence holder must provide copy of authority to tow if
requested by owner
Division 2—Offences at road accident scenes
147Offence as to seeking repair work
148Offence as to seeking towing work and storage
Division 3—Storage of accident damaged motor vehicles
150Initial towing and storage of accident damaged motor
vehicles
151Provisions concerning damaged vehicle storage
Division 4—Obligations on repairers
153No repair work to be carried out without owner's approval
154Cooling-off period for certain towing related repair agreements
155Owner not liable for repairs carried out at unauthorised place
156Offence to fail to release towed vehicle
Division 5—Obligations on repairers in relation to accident
towing services in a controlled area
157Definitions
158Obligations on repairers in respect of relevant accident
damaged motor vehicles
159Copies of noted-up forms must be given to owners etc.
160Obligations on repairers if the authority to tow is defective
or not provided
161Repairers must keep copy of authority to tow
162Owner may apply for certificate if authority to tow defective
or lost
163Exception in relation to Division 5 offences
Part 6—Enforcement
Division 1—Accident towing demerit points
164Demerits Register
164AWho may incur accident towing demerit points?
165Circumstances in which accident towing demerit points are incurred and amount
166Period of suspension of accreditation
167VicRoads must suspend accreditation on service of notice
168Expiry of accident towing demerit points
169Date suspension of accreditation becomes effective
170Cancellation of accident towing demerit points
171Recording of accident towing demerit points not admissible
in evidence except in limited circumstances
172Review by VCAT
Division 2—Infringement notices
173Infringement notices, offences and penalties
Division 3—Improvement notices
174Improvement notices
175Formal irregularities or defects in notice
176Proceedings for offences not affected by improvement notices
177Review of decision by VCAT
Division 4—Authorised officers
178Appointment of authorised officer
179Identity cards
180Return of identity cards
Division 5—Searches of tow trucks
181Power to enter and search tow trucks for compliance purposes
182Power to enter and search tow trucks for the purpose of
obtaining evidence of contravention
183Production of identification by inspectors before vehicle
searches
184Production of identification during searches
185Consent not needed for searches
Division 6—Search of business premises
186Entry or search of premises with consent
187Entry of premises open to the public
188Entry without consent or warrant
189Search warrant
190Announcement before entry
191Details of warrant to be given to occupier
192Seizure of things not mentioned in the warrant
193Embargo notice
Division 7—Processes to deal with seized equipment or goods
194Use or seizure of electronic equipment at premises
195Copies of certain things seized to be given
196Access to seized things
197Retention and return of seized documents or things
198Magistrates' Court may extend 3 month period
Division 8—General
199Requirement to assist inspector during entry
200Self-incrimination not an excuse
201Direction to state name and address
202Manner of giving directions
203Offences as to compliance with requirements of, obstructing
or hindering or impersonating an inspector
204Persons who may bring proceedings
Part 7—Codes of Practice
205Codes of practice
206Amendment of approved codes of practice
207Revocation of approvals of codes of practice
208Availability of approved codes of practice
209Minister must consult before approving code of practice or amendment or revocation of code of practice
210Effect of approved code of practice
Part 7A—Charges
Division 1—Determination of charges
211Minister to determine charges for accident towing services
and other services
212Determinations of charges
Division 2—Review of charges
212APeriodic review of charges
212BAdditional review at Minister's direction
212CConduct of review
212DObjectives not to apply
212EPowers relating to reviews
212FRecommendations
212GTabling of recommendations
Division 3—Indexation of charges
212HCharges to be adjusted for CPI
Division 4—Offences
212IOffence to charge unreasonable sum or sum different to
charge determined under section 211
212JOffence to pay for obtaining work in respect of accident
damaged motor vehicle
212KOffence to pay for handing over work in respect of accident damaged motor vehicle
Part 8—Miscellaneous
213Power of VicRoads to determine fees
214Power of delegation
215Offence to provide false or misleading information
216No compensation payable
217Service of documents on natural persons
218Service of documents on corporations and address of corporations
219When service deemed to be effective
220Evidentiary provisions
221Offences by bodies corporate
222Conduct by officers, employees or agents
223Regulations
224Transitional provisions for commencement of new Scheme
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SCHEDULES
SCHEDULE 1—Industry Accreditation Offences
1Serious violent offences
2Fraud, dishonesty, violence, sexual offences or drug
trafficking
3Other offences
SCHEDULE 2—Driver Accreditation Offences
1Serious violent offences and sexual offences
2Fraud, dishonesty, violence, sexual offences or drug
trafficking
3Other offences
SCHEDULE 3—Transitional Provisions for new Accident
Towing Services Scheme
1Definitions
2Tow Truck Driver Authorities
3Accident towing licences
4Operator accreditations
5Demerit points
6Determination of tow truck charges
7Continuation of operation of regulations
8Saving of references in agreements etc.
9Melbourne controlled area
10Determinations of eligibility
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 014
Accident Towing Services Act 2007
No. 30 of 2007
Version incorporating amendments as at
1 December 2013
1
Part 6—Enforcement
Accident Towing Services Act 2007
No. 30 of 2007
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The purpose of this Act is—
(a)to promote the safe, efficient and timely provision of accident towing services and other related services by—
(i)licensing the operation of tow trucks that provide accident towing services; and
(ii)accrediting operators of accident towing service businesses and managers of depots from which accident towing services are provided; and
(iii)accrediting tow truck drivers when driving licensed tow trucks or providing accident towing services; and
(iv)providing for other matters related to the provision of accident towing services; and
(v)providing for matters related to the storage and repair of motor vehicles; and
S. 1(a)(vi) inserted by No. 40/2011 s. 3.
(vi)providing for matters relating to the salvage of accident damaged motor vehicles; and
(b)to make consequential and related amendments to the Infringements Act 2006, the Melbourne City Link Act 1995, the Police Regulation Act 1958, the Road Safety Act 1986 and the Transport Act 1983.
2Commencement
s. 2
(1)Section 1, this section and clause 10 of Schedule 3 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day to be proclaimed.
(3) If a provision of this Act referred to in subsection (2) does not come into operation before 1 January 2009, it comes into operation on that day.
3Definitions
(1)In this Act—
S. 3(1) def. of accident damaged motor vehicle substituted by No. 28/2009 s. 62(1).
accident damaged motor vehicle means a motor vehicle that has been damaged as the result of a road accident;
accident towing demerit point means a demerit point incurred in accordance with regulations made under this Act;
accident towing service means the service of operating tow trucks for the following purposes—
(a)the purpose of towing accident damaged motor vehicles, where the towing of the accident damaged motor vehicle takes place between the time when the road accident in which the motor vehicle is damaged occurs and the time when the motor vehicle is first delivered to the place specified in the authority to tow;
(b)the purpose of clearing road accident scenes;
accident towing service business means the trade or business of operating tow trucks for hire or reward for the purpose of providing accident towing services;
accredited person means the holder of—
(a)a towing operator accreditation; or
(b)a towing depot manager accreditation; or
(c)a tow truck driver accreditation;
allocation body, in relation to a controlled area, means—
(a)if a person or body has been appointed under section 47 to be the allocation body for that area, that person or body; or
(b)in any other case, VicRoads;
s. 3
approved code of practice means a code of practice the making of which, and (where the case so requires) the amending of which, has been approved by the Minister under Part 7;
authorised officer means a person appointed as an authorised officer under section 178;
authority to tow means an authorisation, obtained in accordance with Division 1 of Part 5, by the driver of a tow truck to tow an accident damaged motor vehicle;
S. 3(1) def. of basic salvage service inserted by No. 40/2011 s. 4(1).
basic salvage service means the service of salvaging a motor vehicle—
(a)using one or more tow trucks that are not heavy tow trucks; and
(b)without using a mobile crane;
Chief Commissioner of Police means the Chief Commissioner of Police appointed under the Police Regulation Act 1958;
Commission means the Essential Services Commission established under the Essential Services Commission Act 2001;
controlled area means any area declared to be a controlled area under section 46;
corporation has the same meaning as in section 9 of the Corporations Act;
s. 3
daily storage charge means an amount determined by the Minister under section 211 as the fee to be paid each day for the storing of an accident damaged motor vehicle;
S. 3(1) def. of Department amended by No. 70/2013 s. 4(Sch. 2 item 1.1).
Department means the Department of Transport, Planning and Local Infrastructure;
depot means a premises from which tow trucks are being operated in the course of an accident towing service business;
S. 3(1) def. of designated road amended by No. 70/2012 s. 13(2).
designated road means—
(a)the Link road;
(b)the Extension road;
(c)EastLink;
(ca)the Peninsula Link Freeway;
(d)any freeway within the meaning of the Road Management Act 2004;
(e) any road that has been declared under section 119A of the Road Management Act 2004 to be a road to which that section applies;
director, in relation to a corporation, has the same meaning as it has in section 9 of the Corporations Act;
drive, in relation to a motor vehicle, includes being in control of the motor vehicle;
driver accreditation objective means the objective set out in section 97;
EastLink has the same meaning as in the EastLink Project Act 2004;
Extension road has the same meaning as in the Melbourne City Link Act 1995;
Freeway Corporation has the same meaning as in the EastLink Project Act 2004;
s. 3
S. 3(1) def. of heavy tow truck repealed by No. 28/2009 s. 62(2),
new def. of heavy tow truck
inserted by No. 40/2011 s. 4(1).
heavy tow truck means a tow truck that is capable of towing a motor vehicle that has a gross vehicle mass of 4 tonnes or more;
heavy tow truck licence means a licence under section 11;
industry accreditation objective means the objective set out in section 55;
inspector means—
(a)an authorised officer; or
(b)a member of the force who has been authorised by the Chief Commissioner of Police to exercise powers for the purposes of this Act;
infringement notice has the same meaning as in the Infringements Act 2006;
job number means the number given by an allocation body to an authorisation given by that body to tow an accident damaged motor vehicle from a road accident scene in the controlled area of that body;
S. 3(1) def. of licensed (heavy) tow truck repealed by No. 28/2009 s. 62(2).
*****
S. 3(1) def. of licensed (regular) tow truck repealed by No. 28/2009 s. 62(2).
*****
S. 3(1) def. of licensed tow truck substituted by No. 28/2009 s. 62(3).
licensed tow truck means a tow truck that is specified in a tow truck licence;
limited tow truck licence means a regular tow truck licence issued under section 10(2) or 10(3) or a heavy tow truck licence issued under section 11(2) or 11(3);
s. 3
Link road has the same meaning as in the Melbourne City Link Act 1995;
S. 3(1) def. of mass, dimension or load restraint limit or requirement inserted by No. 28/2009 s. 62(5).
mass, dimension or load restraint limit or requirement has the same meaning as in section 3(1) of the Road Safety Act 1986;