Accident Towing Services Amendment Regulations 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Accident Towing Services Amendment Regulations 2012 S.R. No. 29/2012 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 2 3 Commencement 2 4 Conditions of towing operator accreditation 2 5 Records to be kept by a licence holder 2 6 Authorised tow truck must attend 3 7 New regulation 32A inserted 4 32A Attendance at road accident scene outside controlled area 4 8 Authorities to tow 5 9 Duty to advise owner or driver of an accident damaged motor vehicle 5 10 Refusal to tow from road accident scene 5 11 Schedule 2—Authority to tow 6 SCHEDULE 2—Authority to Tow 6 12 Schedule 3—Accident Towing Demerit Points 8 13 Schedule 4—Infringements 9 ═══════════════ ENDNOTES 11 -- 1 of 12 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 29/2012 Accident Towing Services Act 2007 Accident Towing Services Amendment Regulations 2012 The Governor in Council makes the following Regulations: Dated: 1 May 2012 Responsible Minister: TERRY MULDER Minister for Roads MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Accident Towing Services Regulations 2008 to— (a) require the display of towing operator accreditation certificates; (b) require the taking, keeping and provision of photographs of salvage operations; (c) enable tow trucks on the road accident scene roster to attend accident scenes outside the controlled area; (d) empower authorised officers to direct drivers of licensed tow trucks to tow or salvage accident damaged motor vehicles; (e) require tow truck drivers to salvage accident damaged motor vehicles when directed, unless assistance is required to do so; -- 2 of 12 -- S.R. No. 29/2012 Accident Towing Services Amendment Regulations 2012 2 Authorised by the Chief Parliamentary Counsel (f) amend the prescribed authority to tow form; (g) specify new offences against the Accident Towing Services Act 2007 for which demerit points may be incurred; (h) prescribe certain offences as infringement offences. 2 Authorising provision These Regulations are made under section 223 of the Accident Towing Services Act 2007. 3 Commencement These Regulations come into operation on 1 June 2012. 4 Conditions of towing operator accreditation (1) In regulation 8(1) of the Accident Towing Services Regulations 20081 , for "subregulations (2) to (6)" substitute "subregulations (2) to (7)". (2) After regulation 8(6) of the Accident Towing Services Regulations 2008, insert— "(7) The holder of a towing operator accreditation must ensure that his or her certificate of accreditation is displayed at the specified depot so that it may be inspected by members of the public.". 5 Records to be kept by a licence holder (1) In regulation 14(1)(d) of the Accident Towing Services Regulations 2008, for "relates." substitute "relates; and". (2) After regulation 14(1)(d) of the Accident Towing Services Regulations 2008, insert— "(e) photographs, taken of a salvage operation under regulation 35(12), in a way that clearly links each photograph to the authority to tow to which it relates.". r. 2 -- 3 of 12 -- S.R. No. 29/2012 Accident Towing Services Amendment Regulations 2012 3 Authorised by the Chief Parliamentary Counsel (3) After regulation 14(5) of the Accident Towing Services Regulations 2008, insert— "(6) If asked by the owner of an accident damaged motor vehicle that has been salvaged, or his or her agent, a licence holder must, within a reasonable time and at no cost, give that person a copy (whether in physical or electronic form) of any photographs referred to in subregulation (1)(e). Penalty: 10 penalty units.". 6 Authorised tow truck must attend (1) After regulation 32(2) of the Accident Towing Services Regulations 2008, insert— "(2A) If a person is operating a rostered tow truck and is not the licence holder with respect to that tow truck, that person must take reasonable steps to ensure that subregulation (1) is complied with. Penalty: 20 penalty units.". (2) After regulation 32(4) of the Accident Towing Services Regulations 2008, insert— "(4A) If a person is operating a rostered tow truck and is not the licence holder with respect to that tow truck, that person must take reasonable steps to ensure that subregulation (3) is complied with. Penalty: 10 penalty units.". (3) After regulation 32(9) of the Accident Towing Services Regulations 2008, insert— "(9A) If a person is operating a rostered tow truck and is not the licence holder with respect to that tow truck, that person must take r. 6 -- 4 of 12 -- S.R. No. 29/2012 Accident Towing Services Amendment Regulations 2012 4 Authorised by the Chief Parliamentary Counsel reasonable steps to ensure that subregulation (8) is complied with. Penalty: 20 penalty units.". 7 New regulation 32A inserted After regulation 32 of the Accident Towing Services Regulations 2008, insert— "32A Attendance at road accident scene outside controlled area (1) The licence holder with respect to a rostered tow truck must take reasonable steps to ensure that the tow truck does not attend a road accident scene outside the controlled area for which the licence holder has a place on the road accident scene roster unless VicRoads has issued the licence holder an authorisation under subregulation (3). Penalty: 20 penalty units. (2) If a person is operating a rostered tow truck and is not the licence holder with respect to that tow truck, that person must take reasonable steps to ensure that the tow truck does not attend a road accident scene outside the controlled area for which the licence holder has a place on the road accident scene roster unless VicRoads has issued the licence holder an authorisation under subregulation (3). Penalty: 20 penalty units. (3) VicRoads may issue a written authorisation to the licence holder with respect to a rostered tow truck enabling the tow truck to attend a road accident scene outside the controlled area for which the licence holder has a place on the road accident scene roster, r. 7 -- 5 of 12 -- S.R. No. 29/2012 Accident Towing Services Amendment Regulations 2012 5 Authorised by the Chief Parliamentary Counsel subject to any conditions specified in the authorisation.". 8 Authorities to tow After regulation 35(11) of the Accident Towing Services Regulations 2008, insert— "(12) The driver of a licensed tow truck that provides accident towing services must photograph any accident damaged vehicle, clearly showing the condition and location of the vehicle, at any accident scene the driver attends where salvage is undertaken in order to enable the vehicle to be towed. Penalty: 5 penalty units.". 9 Duty to advise owner or driver of an accident damaged motor vehicle In regulation 38(1)(b) of the Accident Towing Services Regulations 2008, after "a copy" insert ", that is not printed on the authority to tow,". 10 Refusal to tow from road accident scene (1) In the heading to regulation 39 of the Accident Towing Services Regulations 2008, after "Refusal to" insert "salvage or". (2) In regulation 39(1) of the Accident Towing Services Regulations 2008— (a) after "must not refuse" insert "to salvage an accident damaged motor vehicle or"; and (b) after paragraph (a) insert— "(ab) an authorised officer; or". (3) After regulation 39(1) of the Accident Towing Services Regulations 2008, insert— "(1A) Despite subregulation (1), a driver of a licensed tow truck is not required to salvage an accident damaged motor vehicle if— r. 8 -- 6 of 12 -- S.R. No. 29/2012 Accident Towing Services Amendment Regulations 2012 6 Authorised by the Chief Parliamentary Counsel (a) the tow truck is not capable of salvaging the accident damaged motor vehicle without the assistance of— (i) another tow truck; or (ii) a mobile crane; or (iii) specialised equipment; and (b) that other tow truck, mobile crane or specialised equipment is not present at the road accident scene.". 11 Schedule 2—Authority to tow For Schedule 2 to the Accident Towing Services Regulations 2008, substitute— "SCHEDULE 2 Regulation 35(1)–(3) AUTHORITY TO TOW For the authorisation of towing accident damaged motor vehicles Tow truck Name of the licence holder of the tow truck Depot address Depot number Telephone number Tow truck licence number Name of the tow truck driver Driver accreditation number Vehicle to be towed Name of vehicle owner Address of vehicle owner Make of the vehicle Registration number Allocated job number (if applicable) Location (street(s), suburb) of the vehicle to be removed Address where vehicle is to be towed Did the vehicle require salvaging? † No † Yes (Please complete the salvage section below) r. 11 -- 7 of 12 -- S.R. No. 29/2012 Accident Towing Services Amendment Regulations 2012 7 Authorised by the Chief Parliamentary Counsel Salvage (Refer to information pamphlet for a description of what salvage means) The location of the salvaged vehicle: † Road † Up or down an embankment † Road related area (curb, nature strip, footpath, traffic island) † Other, please specify Photo evidence taken † Where the vehicle was embedded in an object, what was the object? † Building (house, shop front etc) † Pole, pillar, pylon, tree † Fence, guardrail, safety barrier † Motor vehicle † Other, please specify Photo evidence taken † The position of the salvaged vehicle: The equipment used to salvage the vehicle: † Upright † On its side † Upside down † Tow truck winch † Tow truck crane † Other, please specify † Mobile crane † Heavy tow truck Photo evidence taken † † Other, please specify Time taken to salvage the vehicle min/hrs Applicable rate – Tax Invoice The applicable rates of towing, vehicle storage and other related services. Please mark "N/A" if an item is not applicable. Information pamphlet For driver, owner only. Confirm receipt of VicRoads information pamphlet. (Please tick box and sign) Towing Service Total Price, incl GST † Signature: Towing fee First 8 km Person authorising the tow Additional km † Owner of the vehicle or agent of owner After-hours towing surcharge † Driver of the vehicle Salvage Basic † Police officer/authorised officer Complex Name: Storage fee Address: Other charges (Please specify) Phone No. (Optional): Total charge, incl GST Signature: Date: Payment received by: † Debit Card † Credit Card † Cash Person authorising storage Please ensure all personal belongings are removed from the vehicle before it is stored Authority to tow form completed Date: Time: Name: Tow truck driver signature: Address: Signature: Date: __________________". r. 11 -- 8 of 12 -- S.R. No. 29/2012 Accident Towing Services Amendment Regulations 2012 8 Authorised by the Chief Parliamentary Counsel 12 Schedule 3—Accident Towing Demerit Points (1) In item 13 of Schedule 3 to the Accident Towing Services Regulations 2008, after "Refusing to" insert "salvage or". (2) For item 35 of Schedule 3 to the Accident Towing Services Regulations 2008, substitute— "35 Driving a licensed tow truck without holding a tow truck driver accreditation ATSA 98(1) 2 ". (3) After item 35 of Schedule 3 to the Accident Towing Services Regulations 2008, insert— "35A Accompanying the driver of a licensed tow truck without holding a tow truck driver accreditation ATSA 98(1A) 2 35B Driving a licensed tow truck with an expired tow truck driver accreditation ATSA 98(1B) 1 35C Accompanying the driver of a licensed tow truck with an expired tow truck driver accreditation ATSA 98(1C) 1 ". (4) In item 43 of Schedule 3 to the Accident Towing Services Regulations 2008, for "Failing" substitute "As driver of tow truck operating under a regular tow truck licence, failing". (5) After item 45 of Schedule 3 to the Accident Towing Services Regulations 2008, insert— "45A As holder of tow truck licence, failing to ensure that accident damaged motor vehicle is towed to the place specified in the authority to tow ATSA 150(1) 3 ". (6) In item 46 of Schedule 3 to the Accident Towing Services Regulations 2008, for "ATSA 150(1)" substitute "ATSA 150(1A)". r. 12 r. 12 -- 9 of 12 -- S.R. No. 29/2012 Accident Towing Services Amendment Regulations 2012 9 Authorised by the Chief Parliamentary Counsel (7) After item 55 of Schedule 3 to the Accident Towing Services Regulations 2008, insert— "55A Charging an unreasonable sum or a sum in excess of determination ATSA 212I(1) 4 ". 13 Schedule 4—Infringements (1) After item 3 of Schedule 4 to the Accident Towing Services Regulations 2008, insert— "3A Regulation 14(6) of the ATSR Failing to provide a copy of salvage photograph 1·25 penalty units 8308 ". (2) In item 22 of Schedule 4 to the Accident Towing Services Regulations 2008, after "Refusing to" insert "salvage or". (3) After item 29 of Schedule 4 to the Accident Towing Services Regulations 2008, insert— "29A Section 9A of the ATSA Driving for hire or reward a vehicle that is not a tow truck to tow an accident damaged motor vehicle or to clear an accident scene 10 penalty units 8309 ". (4) In item 43 of Schedule 4 to the Accident Towing Services Regulations 2008, omit "(in relation to the driving of a tow truck only)". (5) After item 43 of Schedule 4 to the Accident Towing Services Regulations 2008, insert— "43A Section 98(1B) of the ATSA Driving a licensed tow truck with an expired tow truck driver accreditation 4 penalty units 8310 ". r. 13 -- 10 of 12 -- S.R. No. 29/2012 Accident Towing Services Amendment Regulations 2012 10 Authorised by the Chief Parliamentary Counsel (6) After item 58 of Schedule 4 to the Accident Towing Services Regulations 2008, insert— "58A Section 146A of the ATSA Failing to provide a copy of the authority to tow to the owner 1·25 penalty units 8311 ". (7) For item 61 of Schedule 4 to the Accident Towing Services Regulations 2008, substitute— "61 Section 150(1) of the ATSA Failing to tow accident damaged motor vehicle to place specified in the authority to tow 3 penalty units 8312 ". (8) After item 61 of Schedule 4 to the Accident Towing Services Regulations 2008, insert— "61A Section 150(1A) of the ATSA Failing to store accident damaged motor vehicle in secure area 3 penalty units 7418 ". ═══════════════ r. 13 -- 11 of 12 -- S.R. No. 29/2012 Accident Towing Services Amendment Regulations 2012 11 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4(1): S.R. No. 169/2008 as amended by S.R. Nos 80/2009 and 63/2010. —— Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. The value of a penalty unit for the financial year commencing 1 July 2011 is $122.14. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 12 of 12 --