Accident Towing Services Regulations 2008

Accident Towing Services Regulations 2008

S.R. No. 169/2008

table of provisions

RegulationPage

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Definitions

Part 2—Industry Accreditation and Driver Accreditation

5Qualifications for accreditations and renewals

6Information to accompany applications for accreditations
and renewals

7Additional information to accompany industry accreditation applications and renewals

8Conditions of towing operator accreditation

9Condition of towing depot manager accreditation

10Conditions of tow truck driver accreditation

11Consultation requirements

Part 3—Tow Truck Licence Certificates

12When a tow truck licence certificate must be returned

13Lost, stolen or destroyed certificates

Part 4—Record Keeping and Specified Depots

14Records to be kept by a licence holder

15Manner and form in which records are to be kept

16Specified depots

Part 5—Vehicles

17Specifications and equipment

18Maintenance of equipment

19Information to be displayed on licensed tow truck

20Inspection of tow trucks proposed to be specified in a tow
truck licence

21Notice requiring repairs etc.

22Operation of warning lights on a licensed tow truck

23Connection of lightboard when vehicle is towed behind a licensed tow truck

Part 6—Tow Truck Operations in a Controlled Area

Division 1—Road accident scene rosters

24Definitions

25Appointment of chief allocation officer and allocation officer

26Road accident scene roster

27Inclusion in the roster

28Removal or suspension from the roster

29Review of decision by VCAT

30Time period for making application to VCAT

Division 2—Allocations

31Authorisation to attend road accident scene

32Authorised tow truck must attend

33Substitute tow truck

34Cancellation of authorisation

Part 7—Tow Truck Operations Generally

Division 1—Authorities to tow

35Authorities to tow

36Moving motor vehicle to reduce a hazard

Division 2—Road accident scenes

37Conduct of tow truck drivers at road accident scene

38Duty toadvise owner or driver of an accident damaged motor vehicle

39Refusal to tow from road accident scene

Division 3—Outstanding charges

40Method of receiving payment for outstanding charges

Part 8—Accident Towing Demerit Points

41How accident towing demerit points are incurred

42Notice of recording of accident towing demerit points

43Notice of suspension of accreditation

44Cancellation of demerit points

Part 9—Infringements

45Infringements

Part 10—Enforcement

46Embargo notice

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SCHEDULES

SCHEDULE 1—Tow truck specifications and equipment

SCHEDULE 2—Authority to tow

SCHEDULE 3—Accident towing demerit points

SCHEDULE 4—Infringements

SCHEDULE 5—Embargo Notice

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Accident Towing Services Regulations 2008

S.R. No. 169/2008

statutory rules 2008

S.R. No. 169/2008

Accident Towing Services Regulations 2008

S.R. No. 169/2008

Accident Towing Services Act 2007

Accident Towing Services Regulations 2008

S.R. No. 169/2008

Accident Towing Services Regulations 2008

S.R. No. 169/2008

The Governor in Council makes the following Regulations:

Dated: 16 December 2008

Responsible Minister:

TIM PALLAS

Minister for Roads and Ports

Ryan Heath

Clerk of the Executive Council

Part 1—Preliminary

1Objectives

The objectives of these Regulations are to—

(a)facilitate the safe, efficient and timely provision of accident towing services and other related services;

(b) impose requirements on tow truck licence holders, accredited persons and others which advance the objectives set out in section 4 of the Act;

(c) ensure that the attendance of licensed tow trucks at road accident scenes in controlled areas is controlled and efficient;

(d) regulate the behaviour of tow truck drivers at road accident scenes;

(e) provide for accident towing demerit points;

(f)prescribe infringementoffences and prescribe the penalties for those offences.

2Authorising provision

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These Regulations are made under section 223 of the Accident Towing Services Act 2007.

3Commencement

(1)These Regulations (other than regulations 38(1)(a), 39 and 40) come into operation on 1January 2009.

(2)Regulations 38(1)(a), 39 and 40 come into operation on 31March 2009.

4Definitions

In these Regulations—

allocation officer, in relation to the allocation body of a controlled area,means a person appointed by VicRoads under regulation 25(2);

chief allocation officer, in relation to the allocation body of a controlled area,means the person appointed by VicRoads under regulation 25(1);

depot numbermeans the identification number assigned by VicRoads to a specified depot under regulation 16(3);

driver licencehas the same meaning as in the Road Safety Act 1986;

highway has the same meaning as in the Road Safety Act 1986;

licence holdermeans a person who is the holder of a regular tow truck licence or a heavy tow truck licence;

lightboard means a lightboard that complies with item 8 of column 1 of the Table in Schedule1;

standards for registrationhas the same meaning as in the Road Safety (Vehicles) Regulations 1999;

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the Act means the Accident Towing Services Act 2007;

tow truck licence certificatemeans the certificate given to the holder of a tow truck licence under section 24 of the Act.

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Part 2—Industry Accreditation and Driver Accreditation

5Qualifications for accreditations and renewals

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(1)VicRoads may make a determination as to qualifications to be required of, and tests to be passed by, an applicant for industry accreditation or driver accreditation or the renewal of either accreditation.

(2)Before making a determination under subregulation (1), VicRoads must—

(a)cause a notice in accordance with subregulation (3) to be published in the Government Gazette and in a daily newspaper circulating generally throughout Victoria; and

(b)consider all comments and submissions received in response to the notice within the period specified in the notice.

(3)A notice must—

(a)outline the contents of the proposed determination; and

(b)state where a copy of the proposed determination may be obtained or inspected; and

(c)invite public comments or submissions within such time (being not less than 28 days from the publication of the notice) as is specified in the notice.

(4)VicRoads may give the notice under subregulation (2) to any person who VicRoads believes may be affected by the proposed determination.

(5)If VicRoads makes a determination under subregulation (1), VicRoads must immediately publish on its website a list of those qualifications or tests.

(6)A qualification or test determined under subregulation (1) must be one that promotes the safe, efficient, timely and lawabiding provision of accident towing services.

(7)VicRoads is not required to prepare and publish a notice under subregulation (2) if VicRoads certifies in writing that the proposed determination is less onerous or not materially different from a previous determination.

(8)Without limiting subregulation (1), qualifications may include formal training, informal training or prior work experience.

6Information to accompany applications for accreditations and renewals

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(1)An application for industry accreditation or driver accreditation or the renewal of either accreditation must be accompanied by evidence that the applicant holds the qualifications or has passed the tests (if any) determined by VicRoads under regulation 5(1).

(2)VicRoads must not approve an application for industry accreditation or driver accreditation or the renewal of either accreditation unless VicRoads is satisfied that the applicant has complied with subregulation (1).

7Additional information to accompany industry accreditation applications and renewals

An application under section 59 of the Act for a towing operator accreditation ora towing depot manager accreditation or the renewal of either accreditation must be accompanied by evidence that each relevant person in relation to the applicant satisfies the requirements for the accreditation.

Note

See section 60(1)(c)(ii) of the Act. The term relevant person is defined in section 3 of the Act.

8Conditions of towing operator accreditation

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(1) For the purposes of section 72(2) of the Act, the conditions specified in subregulations (2) to (6) apply to the holder of a towing operator accreditation.

(2)The holder of a towing operator accreditation must undergo training and testing as required by VicRoads from time to time in relation to the safe, efficient, timely and law abiding provision of accident towing services.

(3) The holder of a towing operator accreditation must ensure that a licensed tow truck used in the operation of the accident towing service business by that person, and any equipment associated with the licensed tow truck, are regularly inspected and maintained to ensure that accident towing services are provided safely, reliably and efficiently.

(4) The holder of a towing operator accreditation must ensure that records relating to the inspection and maintenance of a licensed tow truck and associated equipment referred to in subregulation(3) are kept for a period of 2 years from the date that the maintenance or inspection takes place and ensure that, if requested by VicRoads, those records are made available to VicRoads within a reasonable time.

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(5) The holder of a towing operator accreditation who engages any driver to provide accident towing services and other related services for the purposes of the accident towing business operated by that accredited operator must—

(a) ensure that at all times when providing accident towing and related services the driver is the holder of a current driver accreditation; and

(b) take reasonable steps to ensure that at all times when providing accident towing and related services the driver—

(i)is technically competent to provide accident towing and related services; and

(ii)is sufficiently fit and healthy to provide accident towing and related services; and

(iii)acts in a manner that is timely, efficient, safe and lawabiding; and

(c) take reasonable steps to ensure that the driver undergoes training and testing as required by VicRoads in accordance with regulation10(1).

(6) The holder of a towing operator accreditation, who engages any towing depot manager to manage an accident towing service business operated by that accredited operator, must—

(a)ensure that the towing depot manager holds industry accreditation at all times; and

(b)take reasonable steps to ensure that the towing depot manager undergoes training and testing as required by VicRoads in accordance with regulation 9.

9Condition of towing depot manager accreditation

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For the purposes of section 72(2) of the Act, it is a condition of a towing depot manager accreditation that the holder of the accreditation must undergo training and testing as required by VicRoads from time to time in relation to the safe, efficient, timely and lawabiding provision of accident towing services.

10Conditions of tow truck driver accreditation

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(1)The holder of a tow truck driver accreditation must undergo training and testing as required by VicRoads from time to time in relation to the safe, efficient, timely and lawabiding provision of accident towing services.

(2) Without limiting subregulation (1), testing may include medical examinations.

11Consultation requirements

(1)If VicRoads proposes to impose a requirement to undergo training or testing under regulation 8(2), 9 or 10(1), before doing so VicRoads—

(a)must cause a notice in accordance with subregulation (2) to be published in the Government Gazette and in a daily newspaper circulating generally throughout Victoria; and

(b)may give the notice to any person who VicRoads believes may be affected by the proposed requirement; and

(c)must consider all comments and submissions received in response to the notice within the period specified in the notice.

(2)A notice must—

(a)outline the proposed training or testing requirement; and

(b)state where a copy of the proposed training or testing requirement may be obtained or inspected; and

(c)invite public comments or submissions within such time (being not less than 28 days from the publication of the notice) as is specified in the notice.

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(3)If VicRoads imposes a training or testing requirement under regulation 8(2), 9 or 10(1), VicRoads must immediately publish on its website details of the requirement.

(4)A training or testing requirement imposed under regulation 8(2), 9 or 10(1) must be one that promotes the safe, efficient, timely and lawabiding provision of accident towing services.

(5)VicRoads is not required to prepare and publish a notice under subregulation (1) if VicRoads certifies in writing that the proposed training or testing requirement is less onerous or not materially different from a previous requirement.

(6)If VicRoads imposes a training or testing requirement under regulation 8(2), 9 or 10(1), it must immediately notify the affected accredited persons in writing and specify the time within which the training or testing must be completed.

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Part 3—Tow Truck Licence Certificates

12When a tow truck licence certificate must be returned

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(1)If the tow truck licence certificate held by a licence holder becomes illegible or is altered or defaced, the licence holder must return the certificate to VicRoads and apply for the issue of a replacement certificate within 7 days of becoming aware that the certificate has become illegible or has been altered or defaced.

Penalty:10 penalty units.

(2)If the address of the licence holder, as described on the tow truck licence certificate, changes or requires amendment, the licence holder, within 7 days of changing address or of becoming aware of a required amendment, must—

(a)notify VicRoads of the change of address or the required amendment; and

(b)return the tow truck licence certificate to VicRoads; and

(c)apply to VicRoads to amend the certificate or to issue a replacement certificate.

Penalty:10 penalty units.

(3)VicRoads must issue a replacement certificate on receipt of an application under subregulation (1).

(4)VicRoads must amend the certificate or issue a replacement certificate on receipt of an application under subregulation (2).

13Lost, stolen or destroyed certificates

(1)A licence holder must apply, in the manner approved by VicRoads, to VicRoads for a replacement tow truck licence certificate upon becoming aware that the tow truck licence certificate held by that person has been lost, stolen or destroyed.

Penalty:10 penalty units.

(2)VicRoads must issue a replacement tow truck licence certificate for the purposes of subregulation (1) if it is satisfied that the certificate has been lost, stolen or destroyed.

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Part 4—Record Keeping and Specified Depots

14Records to be kept by a licence holder

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(1)A licence holder must keep the following records in relation to the tow truck specified in the tow truck licence—

(a)copies of invoices of charges made for towing and storing accident damaged motor vehicles; and

(b) in chronological order, every authority to tow form which has been completed or partially completed; and

(c)a record of the names, addresses, tow truck driver accreditation numbers and driver licence numbers of every person who drives the tow truck; and

(d)a record of the name, address and towing operator accreditation number or towing depot manager accreditation number of the person who manages the accident towing service business to which the licence relates.

Penalty:10 penalty units.

(2)A licence holder must keep the records referred to in subregulation(1)—

(a)at the specified depot for the licensed tow truck; and

(b)for a period of at least one year from the date the last entries in the records were made.

Penalty:10 penalty units.

(3)A licence holder must keep the records referred to in subregulation (1) in the English language.

Penalty:10 penalty units.

(4)A licence holder must make the records referred to in subregulation (1) available for inspection on demand by a member of the force or an authorised officer.

Penalty:10 penalty units.

(5)If asked by a member of the force or an authorised officer, a licence holder must give, within a reasonable time, to the member of the force or authorised officer an accurate copy of any part or all of the records referred to in subregulation (1).

Penalty:10 penalty units.

15Manner and form in which records are to be kept

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(1)Subject to subregulation (2), records that must be kept under the Act or these Regulations may be kept in electronic form provided they are convertible into hard copy.

(2)An authority to tow must be kept in hard copy form.

(3)In this regulation, electronic form, in relation to an invoice of charges made for towing and storing accident damaged motor vehicles, means a scanned copy of the hard copy.

16Specified depots

(1)A licence holder must ensure that the specified depot for the licensed tow truck—

(a)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 5.00 p.m. from Monday to Friday inclusive but excluding any public holiday; and

(b)is contactable by telephone during the hoursof business referred to in subregulation(1)(a); and

(c)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; and

(d)is suitable for the conduct of business and the keeping of records as required under the Act and these Regulations.

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Penalty:20 penalty units.

(2)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.

(3)VicRoads must allocate a depot number for each specified depot.

(4) VicRoads may wholly or partially exempt a licence holder from having to comply with subregulation (1)(a) 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 subregulation (1)(a).

(5)An exemption under subregulation (4) must be in writing and may be subject to any conditions that VicRoads thinks fit.

(6)VicRoads may wholly or partially exempt a licence holder from having to comply with subregulation (2)(b) if VicRoads is satisfied that—

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(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.

(7)An exemption under subregulation (6) must be in writing and may be subject to any conditions that VicRoads thinks fit.

(8)Before granting an exemption under subregulation (6), VicRoads must consult with any other licence holder that VicRoads believes may be adversely affected by the decision to grant an exemption.

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Part 5—Vehicles

17Specificationsand equipment

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A licence holder must ensure that the tow truck specified in that person's tow truck licence meets the specifications and is fitted or equipped with the equipment specified in column 1 of the Table in Schedule 1, subject to the exceptions (if any) set out in column2 of the Table opposite the specification or item of equipment.

Penalty:20 penalty units.

18Maintenance of equipment

A licence holder must ensure that the equipment required to be fitted to a licensed tow truck under regulation 17 is maintained in a safe and serviceable condition.

Penalty:20 penalty units.

19Information to be displayed on licensed tow truck

A licence holder must ensure that the information, signs, symbols, notices and other labels specified in an item in column 1 of the Table at the foot of this regulation are displayed in or on the tow truck specified in that person's tow truck licence—

(a)in permanent form; and

(b)in the circumstances set out opposite the item in column 2 of the Table; and