Accident Towing Services Amendment Regulations 2009
S.R. No. 80/2009
table of provisions
RegulationPage
RegulationPage
1Objective
2Authorising provision
3Principal Regulations
4Regulation 16 substituted
16Specified depots
16AExemptions from specified depot requirements
5How accident towing demerit points are incurred
6Notice of recording of accident towing demerit points
7Infringements
8Schedule 3 substituted
SCHEDULE 3—Accident Towing Demerit Points
9Schedule 4 substituted
SCHEDULE 4—Infringements
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ENDNOTES
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S.R. No. 80/2009
Accident Towing Services Amendment Regulations 2009
statutory rules 2009
S.R. No. 80/2009
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S.R. No. 80/2009
Accident Towing Services Amendment Regulations 2009
Accident Towing Services Act 2007
1
S.R. No. 80/2009
Accident Towing Services Amendment Regulations 2009
Accident Towing Services Amendment Regulations 2009
1
S.R. No. 80/2009
Accident Towing Services Amendment Regulations 2009
The Governor in Council makes the following Regulations:
Dated: 7 July 2009
Responsible Minister:
TIM PALLAS
Minister for Roads and Ports
toby halligan
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Accident Towing Services Regulations 2008 to make consequential amendments as a result of recent amendments to the Accident Towing Services Act 2007 made by Part 4 of the Road Legislation Amendment Act 2009.
2Authorising provision
These Regulations are made under section 223 of the Accident Towing Services Act 2007.
3Principal Regulations
In these Regulations, the Accident Towing Services Regulations 2008[1] are called the Principal Regulations.
4Regulation 16 substituted
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For regulation 16 of the Principal Regulations substitute—
"16 Specified depots
(1)A licence holder must ensure that the specified depot for the licensed tow truck is open for business and staffed by the licence holder or an agent or employee of the licence holder between the hours of 8.00a.m. and 5.00p.m. from Monday to Friday inclusive but excluding any public holiday.
Penalty:20 penalty units.
(2)A licence holder must ensure that the specified depot for the licensed tow truck is contactable by telephone during the hours of business referred to in subregulation(1).
Penalty:20 penalty units.
(3)A licence holder must ensure that the specified depot for the licensed tow truck has displayed on the exterior of the specified depot a sign giving the name of the licence holder, the depot number allocated by VicRoads (if the depot is within a controlled area), the hours of business and the telephone number of the depot.
Penalty:20 penalty units.
(4)A licence holder must ensure that the specified depot for the licensed tow truck is suitable for the conduct of business and the keeping of records as required under the Act and these Regulations.
Penalty:20 penalty units.
(5)A licence holder must ensure that the licensed tow truck—
(a)operates from the specified depot; and
(b)is usually garaged and otherwise based at the specified depot.
Penalty:20 penalty units.
(6)VicRoads must allocate a depot number for each specified depot.
16AExemptions from specified depot requirements
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(1)VicRoads may wholly or partially exempt a licence holder from having to comply with regulation 16(1) if—
(a)the specified depot for the licensed tow truck is located outside the controlled area; and
(b)VicRoads is satisfied that it would impose an unreasonable burden on the licence holder to require compliance with regulation 16(1).
(2)An exemption under subregulation (1) must be in writing and may be subject to any conditions that VicRoads thinks fit.
(3)VicRoads may wholly or partially exempt a licence holder from having to comply with regulation 16(5)(b) if VicRoads is satisfied that—
(a)the granting of the exemption or partial exemption would improve the efficiency of the accident towing service provided by the licence holder; and
(b)the granting of the exemption would not unreasonably impact on the accident towing service business of another licence holder.
(4)An exemption under subregulation (3) must be in writing and may be subject to any conditions that VicRoads thinks fit.
(5)Before granting an exemption under subregulation (3), VicRoads must consult with any other licence holder that VicRoads believes may be adversely affected by the decision to grant an exemption.".
5How accident towing demerit points are incurred
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(1)In regulation 41(1) of the Principal Regulations, for "column 2" substitute "column 3".
(2)In regulation 41(2) of the Principal Regulations, for "an accredited person" substitute "a person".
(3)In regulation 41(4) of the Principal Regulations—
(a)for "column 3" substitute "column 4";
(b)for "Column 2"substitute "column 3".
(4)In regulation 41(5) of the Principal Regulations, for "column 1" substitute "column 2".
6Notice of recording of accident towing demerit points
In regulation 42(2)(a) of the Principal Regulations omit "accredited".
7Infringements
(1)In regulation 45(1) of the Principal Regulations, for "column 1" substitute "column 2".
(2)In regulation 45(2) of the Principal Regulations—
(a)for "column 3" substitute "column 4";
(b)for "Column 1" substitute "column 2".
(3)In regulation 45(3) of the Principal Regulations—
(a)for "Column 2" substitute "column 3";
(b)for "column 1" substitute "column 2".
8Schedule 3 substituted
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For Schedule 3 to the Principal Regulations substitute—
"SCHEDULE 3
Regulation 41
Accident Towing Demerit Points
In this Schedule—
ATSA means Accident Towing Services Act 2007
ATSR means Accident Towing Services Regulations 2008
RS(RR)R means Road Safety (Road Rules) Regulations 1999
SOA means Summary Offences Act 1966
Column 1Item No. / Column 2
Description of Offence / Column 3
Reference / Column 4
No. of Points
1 / Failing to keep records / ATSR 14(1) / 2
2 / Failing to keep records at specified depot for specified period / ATSR 14(2) / 2
3 / Failing to make records available on demand / ATSR 14(4) / 2
4 / Failing to provide copies of records upon request / ATSR 14(5) / 2
5 / Failing to keep specified depot open for business / ATSR16(1) / 2
6 / Specified depot not contactable during business hours / ATSR 16(2) / 2
Column 1
Item No. / Column 2
Description of Offence / Column 3
Reference / Column 4
No. of Points
7 / Tow truck not usually garaged at specified depot / ATSR 16(5) / 2
8 / Driver of rostered tow truck fail to take reasonable steps to attend accident scene within 30 minutes / ATSR 32(1) / 2
9 / Rostered tow truck used to tow more than one vehicle at the same time / ATSR 32(8) / 2
10 / Tow truck being driven or used without bound book of forms for authorities to tow / ATSR 35(6) / 3
11 / Failing to ensure removal of debris and glass from road accident scene / ATSR 37(1) / 3
12 / Failing to take reasonable steps to notify authorities of a hazard / ATSR 37(2) / 3
13 / Refusing to tow accident damaged motor vehicle / ATSR 39(1) / 3
14 / Refusing to accept payment via an approved payment system / ATSR 40(1) / 3
15 / Operating a tow truck in the course of conducting an accident towing service business without the required tow truck licence / ATSA 6 / 4
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Column 1Item No. / Column 2
Description of Offence / Column 3
Reference / Column 4
No. of Points
16 / Operating a tow truck in the course of conducting an accident towing service business other than from specified depot, and without required towing accreditation and without vehicle registration and providing towing service for vehicle that tow truck is not capable of towing. / ATSA 7 / 4
17 / Driving tow truck in the course of conducting an accident towing service business without regular tow truck licence or heavy tow truck licence authorising operation of the tow truck / ATSA 8(1) / 4
18 / While driving tow truck in the course of conducting an accident towing service business under regular tow truck licence, towing a vehicle that tow truck is not capable of towing / ATSA 8(2) / 4
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Column 1Item No. / Column 2
Description of Offence / Column 3
Reference / Column 4
No. of Points
19 / While driving tow truck in the course of conducting an accident towing service business under heavy tow truck licence, towing a vehicle with gross vehicle mass of less than 4 tonnes or a vehicle that tow truck is not capable of towing / ATSA 8(3) / 4
20 / While driving a tow truck that is normally used to provide towing services for hire or reward, attending a road accident scene while not operating under a tow truck licence / ATSA 9(1) / 4
21 / Failing to comply with tow truck licence conditions / ATSA 26 / 2
22 / Failing to comply with temporary permit or permit conditions / ATSA35(5) / 2
23 / Driver of tow truck damages or loses an accident damaged motor vehicle or the contents of that vehicle / ATSA 38(1) / 3
24 / Holder of tow truck licence fails to take reasonable steps to prevent damage or loss of an accident damaged motor vehicle or the contents of that vehicle / ATSA 38(3) / 3
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Column 1Item No. / Column 2
Description of Offence / Column 3
Reference / Column 4
No. of Points
25 / Failing to leave a restricted road accident area when requested / ATSA 41(3) / 3
26 / Causing tow truck operating under regular tow truck licence to attend accident scene in controlled area or to be used to tow accident damaged motor vehicle with gross vehicle mass of less than 4 tonnes from accident scene in controlled area, without an allocation / ATSA 42(1) / 4
27 / As driver of tow truck operating under a regular tow truck licence, attending accident scene in controlled area or towing accident damaged motor vehicle with gross vehicle mass of less than 4 tonnes from accident scene in controlled area, without an allocation / ATSA 42(2) / 4
28 / Without an allocation, causing tow truck operating under regular tow truck licence to tow or attempt to tow an accident damaged motor vehicle with a gross vehiclemass of less than 4 tonnes from a safe and convenient place / ATSA 44(1) / 4
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Column 1Item No. / Column 2
Description of Offence / Column 3
Reference / Column 4
No. of Points
29 / Without an allocation, as driver of tow truck operating under regular tow truck licence, towing or attempting to tow an accident damaged motor vehicle with a gross vehicle mass of less than 4tonnes from a safe and convenient place / ATSA 44(2) / 4
30 / Causing more than one accident damaged motor vehicle to be towed under one job number / ATSA 45(1) / 3
31 / As driver of tow truck operating under regular tow truck licence, towing more than one accident damaged motor vehicle under a job number / ATSA 45(2) / 3
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32 / Failing to comply with conditions of industry accreditation / ATSA 74 / 233 / Failing to keep records relating to complaints or to provide complaint information to VicRoads when requested / ATSA 90(1) / 3
34 / Failing to manage record-keeping and maintenance of information about complaints or to provide complaint information to VicRoads when requested / ATSA 90(2) / 3
Column 1
Item No. / Column 2
Description of Offence / Column 3
Reference / Column 4
No. of Points
35 / Driving a licensed tow truck or accompanying a driver without holding a tow truck driver accreditation / ATSA 98(1) / 2
36 / Failing to comply with conditions of a tow truck driver accreditation / ATSA 115 / 2
37 / Towing an accident damaged motor vehicle from a road accident scene without an authority to tow / ATSA 142(1) / 3
38 / Towing an accident damaged motor vehicle from a safe and convenient place on a designated road without an authority to tow / ATSA 142(2) / 3
39 / Failing to give a copy of the authority to tow to the person who authorised the tow / ATSA 144 / 3
40 / Failing to carry an authority to tow while towing / ATSA 145(1) / 3
41 / Failing to produce an authority to tow when requested, failing to give details of the origin or destination of an accident damaged motor vehicle, or failing to allow the inspection of an accident damaged motor vehicle / ATSA 145(2) / 3
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Column 1Item No. / Column 2
Description of Offence / Column 3
Reference / Column 4
No. of Points
42 / Failing to give job number to member of the force or authorised officer upon request / ATSA 145(4) / 3
43 / Failing to tow accident damaged motor vehicle to the place specified in the authority to tow / ATSA 146 / 3
44 / Seeking repair work at an accident scene / ATSA 147 / 4
45 / Seeking to tout or solicit for business or offer or obtain or attempt to obtain agreement for towing or storing of vehicle at a road accident scene / ATSA 148(1) / 4
46 / Failing to store accident damaged motor vehicle in secure area / ATSA 150(1) / 3
47 / Failing to provide vehicle owner written notice regarding storage charges / ATSA 151(1) / 3
48 / Charging towing fees or storage fees other than in accordance with a Ministerial determination (if any) / ATSA 152(2) / 4
49 / Commencing or carrying out repair work without written approval of the owner / ATSA 153(1) / 4
50 / Failing to repay charges that were unlawfully collected / ATSA 153(5) / 4
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Column 1Item No. / Column 2
Description of Offence / Column 3
Reference / Column 4
No. of Points
51 / Failing to release a towed vehicle / ATSA 156(1) / 4
52 / Failing to take reasonable steps to ensure that the release of a towed vehicle is not frustrated or obstructed by another person / ATSA 156(2) / 4
53 / Failing to comply with a requirement of VicRoads or an inspector / ATSA 203(1) / 3
54 / Obstructing or hindering an inspector / ATSA 203(2) / 4
55 / Impersonating an inspector / ATSA 203(3) / 4
56 / Providing false or misleading information / ATSA 215(1) / 4
57 / Obscene language, offensive behaviour, etc. / SOA 17 (intowing-related circumstances only) / 3
58 / Assault / SOA 23 (intowing-related circumstances only) / 4
59 / Throwing, dropping, placing or leaving on a road any destructive or injurious material or causing or permitting any such material to be thrown, dropped or placed on a road / RS (RR) R 603 (in towing-related circumstances only) / 3
______".
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9Schedule 4 substituted
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For Schedule 4 to the Principal Regulations substitute—
"SCHEDULE 4
Regulation 45
Infringements
In this Schedule—
ATSA means Accident Towing Services Act 2007
ATSR means Accident Towing Services Regulations 2008
Column 1Item No. / Column 2
Prescribed Infringement Offence / Column 3
Description of Infringement Offence / Column 4
Infringement Penalty / Column 5
Code
1 / Regulation 14(1) of the ATSR / Failing to keep records / 125 penalty units / 4429
2 / Regulation 14(2) of the ATSR / Failing to keep records at specified depot for specified period / 125 penalty units / 4430
3 / Regulation 14(4) of the ATSR / Failing to make records available on demand / 125 penalty units / 4415
4 / Regulation 16(1) of the ATSR / Failing to keep specified depot open for business / 15 penalty units / 4431
5 / Regulation 16(2) of the ATSR / Specified depot not contactable during business hours / 15 penalty units / 4432
6 / Regulation 16(3) of the ATSR / Failing to display necessary sign at specified depot / 15 penalty units / 4433
7 / Regulation 16(5) of the ATSR / Tow truck not usually garaged at specified depot / 15 penalty units / 4434
Column 1
Item No. / Column 2
Prescribed Infringement Offence / Column 3
Description of Infringement Offence / Column 4
Infringement Penalty / Column 5
Code
8 / Regulation 17 of the ATSR and item 4 of Schedule 1 to the ATSR / Tow truck not equipped with broom, shovel or rubbish receptacle / 15 penalty units / 4406
9 / Regulation 17 of the ATSR and item 5 of Schedule 1 to the ATSR / Tow truck not equipped with fire extinguisher / 15 penalty units / 4407
10 / Regulation 17 of the ATSR and item 6 of Schedule 1 to the ATSR / Tow truck not fitted with warning lights / 15 penalty units / 4405
11 / Regulation 17 of the ATSR and item 7 of Schedule 1 to the ATSR / Two truck not fitted with adjustable lights / 15 penalty units / 4435
12 / Regulation 17 of the ATSR and item 8 of Schedule 1 to the ATSR / Tow truck not equipped with lightboard / 15 penalty units / 4436
13 / Regulation 19 of the ATSR and item 1 of Table of the ATSR / Failing to display name and address of licence holder on tow truck / 15 penalty units / 4421
14 / Regulation 19 of the ATSR and item 2 of Table of the ATSR / Failing to display the word "depot" followed by the depot number on tow truck / 15 penalty units / 4437
15 / Regulation 21(3) of the ATSR / Failing to prevent use of tow truck while subject to repair notice / 15 penalty units / 4427
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Column 1Item No. / Column 2
Prescribed Infringement Offence / Column 3
Description of Infringement Offence / Column 4
Infringement Penalty / Column 5
Code
16 / Regulation 22(1)(b) of the ATSR / Failing to activate warning lights when picking up or setting down accident damaged motor vehicle at road accident scene / 15 penalty units / 4438
17 / Regulation 23 of the ATSR / Failing to correctly display lightboard / 15 penalty units / 4439
18 / Regulation 32(8) of the ATSR / Rostered tow truck used to tow more than one vehicle at the same time / 15 penalty units / 4440
19 / Regulation 35(6) of the ATSR / Tow truck being driven or used without bound book of forms for authorities to tow / 15 penalty units / 4402
20 / Regulation 35(8) of the ATSR / Failing to ensure that forms for authorities to tow are used in order of serial number / 15 penalty units / 4441
21 / Regulation 37(1) of the ATSR / Failing to ensure removal of debris and glass from road accident scene / 15 penalty units / 4424
22 / Regulation 39(1) of the ATSR / Refusing to tow accident damaged motor vehicle / 4 penalty units / 4422
23 / Regulation 40(1) of the ATSR / Refusing to accept payment via an approved payment system / 4 penalty units / 4442
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Column 1Item No. / Column 2
Prescribed Infringement Offence / Column 3
Description of Infringement Offence / Column 4
Infringement Penalty / Column 5
Code
24 / Section 6 of the ATSA / Operating a tow truck in the course of conducting an accident towing service business without the required tow truck licence / 10 penalty units / 8301
25 / Section 7 of the ATSA / Operating a tow truck in the course of conducting an accident towing service business other than from specified depot, and without required towing accreditation and without vehicle registration and providing a towing service for a vehicle that tow truck is not capable of towing. / 10 penalty units / 8302
26 / Section 8(1) of the ATSA / Driving tow truck in the course of conducting an accident towing service business without regular tow truck licence or heavy tow truck licence authorising operation of the tow truck / 10 penalty units / 4419
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Column 1Item No. / Column 2
Prescribed Infringement Offence / Column 3
Description of Infringement Offence / Column 4
Infringement Penalty / Column 5
Code
27 / Section 8(2) of the ATSA / While driving tow truck in the course of conducting an accident towing service business under regular tow truck licence, towing a vehicle that tow truck is not capable of towing / 10 penalty units / 8303
28 / Section 8(3) of the ATSA / While driving tow truck in the course of conducting an accident towing service business under heavy tow truck licence, towing a vehicle with gross vehicle mass of less than 4tonnes or vehicle that tow truck is not capable of towing / 10 penalty units / 8304
29 / Section 9(1) of the ATSA / While driving a tow truck that is normally used to provide towing services for hire or reward, attending a road accident scene while not operating under the tow truck licence / 10 penalty units / 8305
30 / Section 36 of the ATSA / Failing to carry temporary permit / 15 penalty units / 4447
31 / Section 37 of the ATSA / Failing to produce temporary permit when requested / 15 penalty units / 4448
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Column 1Item No. / Column 2
Prescribed Infringement Offence / Column 3
Description of Infringement Offence / Column 4
Infringement Penalty / Column 5
Code
32 / Section 40(1) of the ATSA / Permitting or allowing a person to travel in an accident damaged motor vehicle that is being towed / 3 penalty units / 4449
33 / Section 42(1) of the ATSA / Causing tow truck operating under regular tow truck licence to attend accident scene in controlled area or to be used to tow accident damaged motor vehicle with gross vehicle mass of less than 4tonnes from accident scene in controlled area, without an allocation / 12 penalty units / 4450
34 / Section 42(2) of the ATSA / As driver of a tow truck operating under a regulartow truck licence, attending accident scene in controlled area or tow accident damaged motor vehicle with gross vehicle mass of less than 4tonnes from accident scene in controlled area, without an allocation / 8 penalty units / 4412
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