Accident Towing Services Regulations 2008
i
Accident Towing Services Regulations 2008
S.R. No. 169/2008
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1 Objectives 1
2 Authorising provision 2
3 Commencement 2
4 Definitions 2
PART 2—INDUSTRY ACCREDITATION AND DRIVER
ACCREDITATION 4
5 Qualifications for accreditations and renewals 4
6 Information to accompany applications for accreditations
and renewals 5
7 Additional information to accompany industry accreditation
applications and renewals 5
8 Conditions of towing operator accreditation 6
9 Condition of towing depot manager accreditation 7
10 Conditions of tow truck driver accreditation 8
11 Consultation requirements 8
PART 3—TOW TRUCK LICENCE CERTIFICATES 10
12 When a tow truck licence certificate must be returned 10
13 Lost, stolen or destroyed certificates 10
PART 4—RECORD KEEPING AND SPECIFIED DEPOTS 12
14 Records to be kept by a licence holder 12
15 Manner and form in which records are to be kept 13
16 Specified depots 13
PART 5—VEHICLES 16
17 Specifications and equipment 16
18 Maintenance of equipment 16
19 Information to be displayed on licensed tow truck 16
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Regulation Page
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20 Inspection of tow trucks proposed to be specified in a tow
truck licence 18
21 Notice requiring repairs etc. 19
22 Operation of warning lights on a licensed tow truck 20
23 Connection of lightboard when vehicle is towed behind a
licensed tow truck 21
PART 6—TOW TRUCK OPERATIONS IN A CONTROLLED
AREA 22
Division 1—Road accident scene rosters 22
24 Definitions 22
25 Appointment of chief allocation officer and allocation officer 22
26 Road accident scene roster 23
27 Inclusion in the roster 23
28 Removal or suspension from the roster 24
29 Review of decision by VCAT 26
30 Time period for making application to VCAT 26
Division 2—Allocations 27
31 Authorisation to attend road accident scene 27
32 Authorised tow truck must attend 29
33 Substitute tow truck 30
34 Cancellation of authorisation 31
PART 7—TOW TRUCK OPERATIONS GENERALLY 33
Division 1—Authorities to tow 33
35 Authorities to tow 33
36 Moving motor vehicle to reduce a hazard 35
Division 2—Road accident scenes 35
37 Conduct of tow truck drivers at road accident scene 35
38 Duty to advise owner or driver of an accident damaged motor
vehicle 36
39 Refusal to tow from road accident scene 36
Division 3—Outstanding charges 38
40 Method of receiving payment for outstanding charges 38
PART 8—ACCIDENT TOWING DEMERIT POINTS 40
41 How accident towing demerit points are incurred 40
42 Notice of recording of accident towing demerit points 41
43 Notice of suspension of accreditation 42
44 Cancellation of demerit points 42
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PART 9—INFRINGEMENTS 44
45 Infringements 44
PART 10—ENFORCEMENT 45
46 Embargo notice 45
__________________
SCHEDULES 46
SCHEDULE 1—Tow truck specifications and equipment 46
SCHEDULE 2—Authority to tow 48
SCHEDULE 3—Accident towing demerit points 50
SCHEDULE 4—Infringements 56
SCHEDULE 5—Embargo Notice 64
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1
STATUTORY RULES 2008
S.R. No. 169/2008
Accident Towing Services Act 2007
Accident Towing Services Regulations 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
1 Objectives
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;
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(f) prescribe infringement offences and
prescribe the penalties for those offences.
2 Authorising provision
These Regulations are made under section 223 of
the Accident Towing Services Act 2007.
3 Commencement
(1) These Regulations (other than regulations
38(1)(a), 39 and 40) come into operation on
1 January 2009.
(2) Regulations 38(1)(a), 39 and 40 come into
operation on 31 March 2009.
4 Definitions
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 number means the identification number
assigned by VicRoads to a specified depot
under regulation 16(3);
driver licence has the same meaning as in the
Road Safety Act 1986;
highway has the same meaning as in the Road
Safety Act 1986;
licence holder means a person who is the holder
of a regular tow truck licence or a heavy tow
truck licence;
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lightboard means a lightboard that complies with
item 8 of column 1 of the Table in
Schedule 1;
standards for registration has the same meaning
as in the Road Safety (Vehicles) Regulations
1999;
the Act means the Accident Towing Services Act
2007;
tow truck licence certificate means 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
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PART 2—INDUSTRY ACCREDITATION AND DRIVER
ACCREDITATION
5 Qualifications for accreditations and renewals
(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.
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(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 law abiding 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.
6 Information to accompany applications for
accreditations and renewals
(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).
7 Additional information to accompany industry
accreditation applications and renewals
An application under section 59 of the Act for a
towing operator accreditation or a towing depot
manager accreditation or the renewal of either
accreditation must be accompanied by evidence
that each relevant person in relation to the
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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.
8 Conditions of towing operator accreditation
(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.
(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—
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(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 law abiding; and
(c) take reasonable steps to ensure that the driver
undergoes training and testing as required by
VicRoads in accordance with
regulation 10(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.
9 Condition of towing depot manager accreditation
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,
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timely and law abiding provision of accident
towing services.
10 Conditions of tow truck driver accreditation
(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 law abiding provision of
accident towing services.
(2) Without limiting subregulation (1), testing may
include medical examinations.
11 Consultation 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
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(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.
(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
law abiding 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
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PART 3—TOW TRUCK LICENCE CERTIFICATES
12 When a tow truck licence certificate must be
returned
(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).
13 Lost, 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
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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
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PART 4—RECORD KEEPING AND SPECIFIED DEPOTS
14 Records to be kept by a licence holder
(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.
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(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.
15 Manner and form in which records are to be kept
(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.
16 Specified 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
8.00 a.m. and 5.00 p.m. from Monday to
Friday inclusive but excluding any public
holiday; and
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(b) is contactable by telephone during the
hours of 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.
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.
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(6) VicRoads may wholly or partially exempt a
licence holder from having to comply with
subregulation (2)(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.
(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
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PART 5—VEHICLES
17 Specifications and equipment
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 column 2 of the Table opposite the
specification or item of equipment.
Penalty: 20 penalty units.
18 Maintenance 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.
19 Information 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
(c) in the manner set out opposite the item in
column 3 of the Table.
Penalty: 20 penalty units.
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TABLE
Item Column 1
Information
etc. to be
displayed
Column 2
When
required
Column 3
Specific
requirements
1 Name and
address of
the licence
holder
In all cases Must be displayed—
• on the right front
door of the tow
truck or on a side
panel of the tow
truck adjacent to
the right front
door of the tow
truck;
• in contrasting
letters and
numerals at least
50 millimetres
high and of
proportionate
width;
• to be clearly
visible from a
distance of at
least 5 metres.
2 The word
"depot"
followed by
the depot
number
Where the
specified
depot is in a
controlled
area and the
tow truck is
operated
under a
regular tow
truck licence
Must be displayed—
• on both front
doors of the tow
truck;
• in contrasting
letters and
numerals at least
100 millimetres
high and of
proportionate
width;
• so as to be
clearly visible
from a distance
of at least
20 metres.
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Item Column 1
Information
etc. to be
displayed
Column 2
When
required
Column 3
Specific
requirements
3 Any other
sign,
symbol,
notice or
label
If required by
VicRoads
Must—
• be attached to
the tow truck in
a manner
specified by
VicRoads;
• be clearly visible
at all times;
• be of a type or
design approved
by VicRoads.
20 Inspection of tow trucks proposed to be specified in
a tow truck licence
(1) On receiving an application from a licence holder
under section 27(4) of the Act to alter the
specification of a tow truck in a tow truck licence,
VicRoads may direct the licence holder to produce
the tow truck proposed to be specified in the tow
truck licence for inspection at a time and location
specified by VicRoads.
(2) The time and location specified by VicRoads
under subregulation (1) must be reasonable,
having regard to the current location of the tow
truck that is to be inspected.
(3) An inspection under subregulation (1) may only
be performed by an authorised officer.
(4) VicRoads may refuse to consider an application
from a licence holder under section 27(4) of the
Act if the licence holder does not comply with a
direction under subregulation (1).
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21 Notice requiring repairs etc.
(1) If an authorised officer who inspects a tow truck
under regulation 20 finds that it—
(a) is unsafe, unsuitable or unfit for use for the
purpose of providing accident towing
services; or
(b) does not comply with the Act or these
Regulations or with a condition of the
relevant tow truck licence—
the officer may serve a notice on a licence holder
requiring the licence holder to fix the matters set
out in the notice.
(2) A notice under subregulation (1) must—
(a) include sufficient details to identify the
vehicle to which it relates; and
(b) clearly set out the matters which must be
fixed.
(3) The licence holder must not allow a tow truck to
be driven or used as a tow truck for the purpose of
providing accident towing services if the matters
to be fixed as set out in the notice have not been
fixed.
Penalty: 20 penalty units.
(4) VicRoads may withdraw or amend a notice issued
under subregulation (1), either on the written
request of the licence holder or of its own accord,
if it appears that the notice was wrongly issued or
otherwise defective.
(5) VicRoads must notify the licence holder of a
decision made under subregulation (4) to amend
or withdraw a notice as soon as practicable.
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22 Operation of warning lights on a licensed tow truck
(1) The driver of a licensed tow truck must activate
the warning light or warning lights required to be
fitted to the tow truck under these Regulations if
the tow truck—
(a) is within close proximity to an accident
damaged motor vehicle at a road accident
scene; or
(b) is being used to pick up or set down an
accident damaged motor vehicle at a road
accident scene; or
(c) is in a hazardous position on a highway.
Penalty: 20 penalty units.
(2) A person must not activate a warning light or
warning lights in circumstances other than those
referred to in subregulation (1).
Penalty: 10 penalty units.
(3) Subregulation (2) does not apply where a warning
light or warning lights—
(a) are activated in accordance with a class 1, 2
or 3 notice published by VicRoads in the
Government Gazette under the Road Safety
(Vehicles) Regulations 1999; or
(b) are activated in accordance with a class 1, 2
or 3 permit issued by VicRoads under the
Road Safety (Vehicles) Regulations 1999; or
(c) are activated as a condition of driving in an
emergency stopping lane on a freeway in
accordance with the written consent of the
Roads Corporation under Road Rule 95(2) of
the Road Rules; or
(d) are otherwise authorised by law to be
activated.
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(4) In this regulation, Road Rules means the Road
Rules as defined in regulation 105(1) of the Road
Safety (Road Rules) Regulations 1999.
23 Connection of lightboard when vehicle is towed
behind a licensed tow truck
If a vehicle is being towed behind a licensed tow
truck, the driver of the tow truck must ensure that
a lightboard is securely placed behind the vehicle
that is being towed and connected electrically or
wirelessly to the tow truck.
Penalty: 20 penalty units.
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Part 6—Tow Truck Operations in a Controlled Area
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PART 6—TOW TRUCK OPERATIONS IN A CONTROLLED
AREA
Division 1—Road accident scene rosters
24 Definitions
In this Part—
exempt tow truck licence has the same meaning
as in regulation 27(2);
non-exempt tow truck licence has the same
meaning as in regulation 27(2);
rostered tow truck in relation to a regular tow
truck licence (the holder of which has been
granted a place on the road accident scene
roster for a controlled area) means—
(a) subject to paragraph (b), the tow truck
specified in respect of the licence under
section 10 of the Act; or
(b) in the case of a transferred towing
entitlement, the tow truck specified in
the non-exempt tow truck licence under
section 10 of the Act;
substitute tow truck has the same meaning as in
regulation 33(1);
transferred towing entitlement has the same
meaning as in regulation 27(2).
25 Appointment of chief allocation officer and
allocation officer
(1) VicRoads may, on the nomination in writing of an
allocation body, appoint a person or the occupier
of an office or position to be the chief allocation
officer for that allocation body.
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(2) VicRoads may, on the nomination in writing of an
allocation body, appoint a person or the occupier
of an office or position to be an allocation officer
for that allocation body.
26 Road accident scene roster
(1) The chief allocation officer of the allocation body
for a controlled area must keep a road accident
scene roster.
(2) The allocation body for a controlled area must
ensure that the following details are recorded in
the road accident scene roster for the area, in
respect of each place on that roster—
(a) the details of the regular tow truck licence
(or, in the case of a transferred towing
entitlement, the details of the non-exempt
tow truck licence) that has been allocated a
place on the roster; and
(b) the details of the rostered tow truck.
27 Inclusion in the roster
(1) A licence holder may apply in writing to
VicRoads for a place on the road accident scene
roster for a controlled area if—
(a) the licence holder holds a regular tow truck
licence; and
(b) the licence has a specified depot in the
controlled area.
(2) In the case where an application for a place on the
road accident scene roster relates to a Melbourne
licence that has been exempted from the
requirement that a tow truck be specified in
respect of the licence under section 27 of the Act
(the exempt tow truck licence), the application of
the licence holder must also nominate another
Melbourne licence held by that person which has
not been so exempted (the non-exempt tow truck
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licence) to which the roster allocation entitlement
of the exempt licence should be applied
(transferred towing entitlement).
(3) VicRoads must refuse an application for a place
on a road accident scene roster if the applicant
does not meet the requirements set out in
subregulation (1) and, if applicable,
subregulation (2).
(4) If VicRoads approves an application under this
regulation it must notify, as soon as possible, the
chief allocation officer of the relevant allocation
body.
(5) VicRoads may grant or refuse an application
under this regulation.
(6) If VicRoads refuses an application under this
regulation, it must provide the licence holder with
written reasons for the decision to refuse the
application.
28 Removal or suspension from the roster
(1) Subject to subregulation (2), VicRoads must direct
the chief allocation officer of the relevant
allocation body to remove or suspend an allocated
place on the road accident scene roster if—
(a) the licence holder requests that the allocated
place be removed or suspended from the
roster; or
(b) the specified depot of the licence is not
within the relevant controlled area; or
(c) the tow truck licence is cancelled or
suspended; or
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(d) the rostered tow truck is not registered for
use on a highway under the Road Safety Act
1986; or
(e) the licence holder ceases to hold a towing
operator accreditation or that accreditation is
suspended; or
(f) the use of the rostered tow truck on a
highway would constitute an offence under
these Regulations or the Act, the Road
Safety Act 1986 or regulations under that
Act; or
(g) the licence holder is an undischarged
bankrupt, his or her property is subject to
control under the law relating to bankruptcy
or (in the case of a corporation) is in
liquidation or receivership; or
(h) the licence holder (in the case of a
corporation) is deregistered within the
meaning of the Corporations Act.
(2) In the case of a transferred towing entitlement,
VicRoads must direct the chief allocation officer
of the relevant allocation body to remove or
suspend an allocated place on the road accident
scene roster if—
(a) the licence holder requests that the allocated
place be removed or suspended from the
roster; or
(b) the specified depot of the exempt tow truck
licence or the non-exempt tow truck licence
is not within the relevant controlled area; or
(c) the exempt tow truck licence or the
non-exempt tow truck licence is cancelled or
suspended; or
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(d) the rostered tow truck is not registered for
use on a highway under the Road Safety Act
1986; or
(e) the licence holder ceases to hold a towing
operator accreditation or that accreditation is
suspended; or
(f) the use of the rostered tow truck on a
highway would constitute an offence under
these Regulations or the Act, the Road
Safety Act 1986 or regulations under that
Act; or
(g) the licence holder is an undischarged
bankrupt, his or her property is subject to
control under the law relating to bankruptcy
or (in the case of a corporation) is in
liquidation or receivership; or
(h) the licence holder (in the case of a
corporation) is deregistered within the
meaning of the Corporations Act.
(3) The chief allocation officer of the relevant
allocation body must comply with a direction
under subregulation (1) or (2) within 1 business
day.
29 Review of decision by VCAT
A person affected by a decision of VicRoads
under regulation 28 may apply to VCAT for a
review of that decision.
30 Time period for making application to VCAT
An application for review under regulation 29
must be made within 28 days of the later of—
(a) the day on which the decision is made; or
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(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
reasons is given to the person or the person is
informed under section 46(5) of that Act that
a statement of reasons will not be given.
Division 2—Allocations
31 Authorisation to attend road accident scene
(1) An allocation officer of an allocation body may
make an allocation under subregulation (2) if—
(a) a request has been received by the allocation
body to remove an accident damaged motor
vehicle from a road accident scene in the
controlled area for the allocation body; or
(b) a previous authorisation by the allocation
body to remove an accident damaged motor
vehicle from a road accident scene in the
controlled area for the allocation body has
been cancelled.
(2) For the purposes of subregulation (1) an allocation
is made by contacting the holder of the place on
the roster who is next entitled to an allocation and
offering that person an authorisation and—
(a) if that person accepts the authorisation,
authorising the person to attend the road
accident scene and offer to tow an accident
damaged motor vehicle from the scene; or
(b) if the person refuses or is unable to accept
the authorisation, offering the authorisation
to the person whose place on the roster is
next entitled to an allocation.
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(3) If an allocation is made under subregulation (2),
the allocation officer may—
(a) if the accident scene is on the Link road or
Extension road, report the matter to the
relevant corporation (within the meaning of
the Melbourne City Link Act 1995) or to
an agent of that corporation; and
(b) if the accident scene is on EastLink, report
the matter to the Freeway Corporation within
the meaning of the EastLink Project Act
2004 or to an agent of that corporation; and
(c) if the accident scene is on a designated road
(within the meaning of paragraph (d) or (e)
of the definition of designated road in the
Act), report the matter to VicRoads or an
agent of VicRoads.
(4) An allocation officer of the relevant allocation
body must ensure that—
(a) the authorisation is recorded (including the
name and contact details of the person
requesting the tow if that information is
available to the allocation officer); and
(b) a job number is allocated to the
authorisation; and
(c) the job number allocated to the authorisation
is matched with the details of the accident
damaged motor vehicle which the rostered
tow truck tows from the road accident scene
when that information is made available to
the allocation officer either by the driver of a
rostered tow truck in accordance with
regulation 32(7) or otherwise; and
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(d) the authorisation is only given for one
accident damaged motor vehicle.
32 Authorised tow truck must attend
(1) Subject to regulation 33, the driver of a rostered
tow truck must take reasonable steps to ensure
that after a rostered tow truck is authorised under
regulation 31(2) to attend a road accident scene
the rostered tow truck attends the road accident
scene within 30 minutes of being given the
authorisation.
Penalty: 20 penalty units.
(2) The licence holder with respect to a rostered tow
truck must take reasonable steps to ensure that
subregulation (1) is complied with.
Penalty: 20 penalty units.
(3) If the driver of a rostered tow truck is unable to
ensure that the rostered tow truck attends the road
accident scene within 30 minutes of being given
the authorisation, the driver must immediately
notify the relevant allocation body.
Penalty: 10 penalty units.
(4) The licence holder with respect to a rostered tow
truck must take reasonable steps to ensure that
subregulation (3) is complied with.
Penalty: 10 penalty units.
(5) The requirements of subregulations (1) to (4)
cease to apply if a licence holder, driver or a
person at the specified depot is notified by the
allocation body for the controlled area that the
authorisation is cancelled under regulation 34(1).
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(6) The driver of a rostered tow truck must ensure, as
soon as is practicable, that the allocation body is
notified when the tow truck arrives at the road
accident scene.
Penalty: 10 penalty units.
(7) The driver of a rostered tow truck must ensure
that, as soon as practicable, the allocation body is
notified when the tow truck departs from the road
accident scene and is given the details of the
accident damaged motor vehicle being towed.
Penalty: 10 penalty units.
(8) The driver of a rostered tow truck must ensure that
the tow truck is not used to tow more than one
vehicle from the road accident scene at the same
time (regardless of whether the licence holder has
been allocated more than one allocation by the
allocation body).
Penalty: 20 penalty units.
(9) The licence holder with respect to a rostered tow
truck must take reasonable steps to ensure that
subregulation (8) is complied with.
Penalty: 20 penalty units.
33 Substitute tow truck
(1) If a licence holder who has been authorised to
cause a rostered tow truck to attend a road
accident scene wishes to obtain authorisation for
another tow truck (the substitute tow truck) to be
allocated in substitution for the rostered tow truck,
the licence holder must—
(a) where the substitute tow truck is a licensed
tow truck operated under a regular tow truck
licence of the licence holder, notify the
relevant allocation body; and
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(b) in all other cases, notify the relevant
allocation body and obtain the authorisation
of an allocation officer of that allocation
body.
Penalty: 20 penalty units.
(2) If a substitute tow truck attends a road accident
scene in accordance with subregulation (1), the
substitute tow truck is to be taken to be a rostered
tow truck for the purposes of this Part (other than
regulation 26).
34 Cancellation of authorisation
(1) An allocation officer of an allocation body may
cancel an authorisation given under regulation
31(2) if the holder of a place on the road accident
scene roster—
(a) is unable to cause the rostered tow truck to
attend the road accident scene within a
reasonable period; or
(b) requests under regulation 33 that a different
tow truck be substituted for the authorised
tow truck and authorisation for that request
was refused; or
(c) is otherwise unable to fulfil the authorisation.
(2) If an authorisation is cancelled under
subregulation (1), an allocation officer of the
allocation body must notify—
(a) the holder of the place on the road accident
scene roster; or
(b) a person at the specified depot for the
rostered tow truck; or
(c) the driver of the rostered tow truck—
that the authorisation is cancelled.
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(3) Before making a decision to cancel an
authorisation under subregulation (1)(a), the
allocation officer must have regard to current
traffic conditions and the likely impact of those
conditions on the time within which the holder of
a place on the road accident scene roster can cause
a rostered tow truck to attend the road accident
scene.
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PART 7—TOW TRUCK OPERATIONS GENERALLY
Division 1—Authorities to tow
35 Authorities to tow
(1) For the purposes of section 142(1)(b) of the Act,
the form set out in Schedule 2 is the prescribed
form of an authorisation to tow with respect to a
road accident scene that is not on a designated
road.
(2) For the purposes of section 142(2)(b) of the Act,
the form set out in Schedule 2 is the prescribed
form of an authorisation to tow with respect to a
road accident scene that is on a designated road.
(3) For the purposes of section 142(4)(e) of the Act,
the information set out in the form in Schedule 2
is required.
(4) Subject to subregulation (5) and section 158 of the
Act, an authority to tow form must not contain
any information, text or images other than the
information, text or images required to be
included in the authority to tow form by this
regulation.
Penalty: 10 penalty units.
(5) Despite subregulation (4), an authority to tow
form may include—
(a) a tax invoice; or
(b) contact information of the relevant accident
towing service business.
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(6) The driver of a licensed tow truck must not drive
or use the tow truck for the purpose of providing
accident towing services unless there is in the tow
truck a bound book of forms for authorities to
tow, in the prescribed form, numbered in series
and at least in duplicate.
Penalty: 10 penalty units.
(7) The licence holder with respect to a tow truck that
provides accident towing services must take
reasonable steps to ensure that subregulation (6) is
complied with.
Penalty: 10 penalty units.
(8) The driver of a licensed tow truck when required
by the Act to use an authority to tow form, must
ensure that the form used is in order of serial
number.
Penalty: 10 penalty units.
(9) The licence holder with respect to a tow truck that
provides accident towing services must take
reasonable steps to ensure that subregulation (8) is
complied with.
Penalty: 10 penalty units.
(10) The driver of a licensed tow truck that provides
accident towing services must only use the bound
book of forms for authorities to tow referred to in
subregulation (6) in relation to the authorising of
the towing of accident damaged motor vehicles.
Penalty: 5 penalty units.
(11) The licence holder with respect to a tow truck that
provides accident towing services must take
reasonable steps to ensure that subregulation (10)
is complied with.
Penalty: 5 penalty units.
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36 Moving motor vehicle to reduce a hazard
(1) In this regulation, incapacitated vehicle means an
accident damaged motor vehicle that—
(a) cannot be safely driven from a road accident
scene; and
(b) is causing a hazard on a highway.
(2) If an incapacitated vehicle is at a road accident
scene and the driver or owner of the vehicle or a
member of the force is unable to complete the
authorisation required under section 142 of the
Act, the driver of a tow truck may—
(a) complete the authorisation, as far as is
practicable in the circumstances; and
(b) move the vehicle to the side of the highway
beside the approximate point of impact to
reduce the hazard.
Note
The term owner, in relation to a motor vehicle, includes the
agent of an owner.
Division 2—Road accident scenes
37 Conduct of tow truck drivers at road accident scene
(1) The driver of a tow truck that moves an accident
damaged motor vehicle from or within a road
accident scene must ensure that before the tow
truck leaves the road accident scene, all debris and
glass attributable to the road accident is removed.
Penalty: 10 penalty units.
(2) The driver of a tow truck that moves an accident
damaged motor vehicle from or within a road
accident scene must take reasonable steps to
ensure that if there is a hazard attributable to the
road accident, the appropriate authorities are
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notified of the existence of the hazard as soon as
possible.
Penalty: 10 penalty units.
38 Duty to advise owner or driver of an accident
damaged motor vehicle
(1) If the driver of a licensed tow truck attends a road
accident scene, the driver must take reasonable
steps to—
(a) inform the owner or driver of the accident
damaged motor vehicle that the driver of the
tow truck is required by these Regulations,
subject to the exceptions in regulations
38(2), 39(2) and 39(3), to deliver the
accident damaged motor vehicle to any place
specified by the owner or driver of that
vehicle; and
(b) provide the owner or driver of the accident
damaged motor vehicle with a copy of the
relevant information pamphlet that is from
time to time approved by VicRoads for the
purposes of this regulation.
Penalty: 10 penalty units.
(2) Subregulation (1) does not apply if the owner or
driver of the accident damaged motor vehicle is
not able to authorise the towing of the vehicle due
to absence or incapacity.
(3) VicRoads may approve an information pamphlet
for the purposes of subregulation (1)(b).
39 Refusal to tow from road accident scene
(1) If the driver of a licensed tow truck attends a road
accident scene, the driver must not refuse to tow
an accident damaged motor vehicle to a particular
place when asked to do so by—
(a) a member of the force; or
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(b) the owner or driver of the accident damaged
motor vehicle.
Penalty: 20 penalty units.
(2) Despite subregulation (1), a driver of a licensed
tow truck is not required to tow an accident
damaged motor vehicle to a place requested by the
owner or driver of the vehicle if—
(a) the tow truck driver tows the vehicle to a
safe and convenient place near the road or a
place approved by VicRoads in accordance
with section 42(3) of the Act; or
(b) the vehicle is moved to the nearest
convenient place in accordance with
section 114A of the Melbourne City Link
Act 1995; or
(c) the vehicle is moved to the nearest
convenient place in accordance with
section 119A of the Road Management Act
2004.
(3) Despite subregulation (1), a driver of a licensed
tow truck may refuse to tow an accident damaged
motor vehicle to a particular place when asked to
do so by the owner or driver if—
(a) the driver or owner of the vehicle requests
that the vehicle be towed to a particular place
that is greater than 125 kilometres by road
from the road accident scene; or
(b) the driver or owner of the vehicle indicates
that—
(i) the driver or owner would be unable or
unwilling to pay for the towing service
immediately upon completion of the
tow by way of cash payment; and
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(ii) the tow truck driver offers the driver or
owner of the accident damaged motor
vehicle the opportunity to make
payment via a mobile payment facility
and the owner or driver is unable or
unwilling to make use of that facility.
(4) In this regulation, mobile payment facility means
a fully functioning payment facility carried or
installed in a licensed tow truck that is approved
by VicRoads for the processing of payments by
credit card and debit card.
(5) VicRoads may approve a mobile payment facility
for the purposes of subregulation (4).
(6) If VicRoads approves a mobile payment facility
under subregulation (5), it must immediately
include the facility in a list of mobile payment
facilities published on its website.
(7) This regulation does not limit other forms of
payment that may additionally be offered to the
owner or driver of an accident damaged motor
vehicle.
Division 3—Outstanding charges
40 Method of receiving payment for outstanding
charges
(1) If an accredited person who is in control of a place
to which an accident damaged motor vehicle has
been towed is owed money by the owner of the
vehicle in respect of—
(a) work done by the person on the vehicle that
was authorised in writing by the owner; or
(b) accident towing service charges charged in
accordance with the Act; or
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(c) storage charges charged in accordance with
the Act—
that person must provide the owner of the vehicle
with the opportunity to make payment by way of
an approved payment system.
Penalty: 20 penalty units.
(2) In this regulation, approved payment system
means a system that is approved by VicRoads for
the processing of payments by credit card and
debit card.
(3) VicRoads may approve a payment system for the
purposes of subregulation (2).
(4) If VicRoads approves a payment system under
subregulation (3), it must immediately include the
system in a list of approved payment systems
published on its website.
(5) This regulation does not limit other forms of
payment that may additionally be offered to the
owner of the accident damaged motor vehicle.
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Part 8—Accident Towing Demerit Points
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PART 8—ACCIDENT TOWING DEMERIT POINTS
41 How accident towing demerit points are incurred
(1) In this Part—
relevant offence means an offence specified in
column 2 of the Table in Schedule 3.
(2) For the purposes of section 165(1) of the Act, an
accredited person incurs accident towing demerit
points if—
(a) the penalty specified in an infringement
notice issued for a relevant offence is paid;
or
(b) the penalty specified in an infringement
notice issued for a relevant offence is not
paid and notice of objection is not given
within the time specified in the notice; or
(c) the person is convicted or found guilty of a
relevant offence.
Note
Section 3(2) of the Act provides that a reference to a person
who has been found guilty of an offence must be construed
in accordance with that section.
(3) For the purposes of section 165(1) of the Act,
accident towing demerit points are incurred for a
relevant offence—
(a) on the date on which the amount of the
penalty specified in an infringement notice is
paid; or
(b) if the amount of the penalty specified in an
infringement notice is not paid and notice of
objection is not given within the time
specified in the notice, on the date on which
the period specified in the notice as the time
for payment expires; or
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(c) on the date on which the person is found to
have committed the offence.
(4) For the purposes of section 165(2) of the Act, the
number of accident towing demerit points that are
incurred for a relevant offence is the number of
accident towing demerit points set out in column 3
of the Table in Schedule 3 opposite the reference
to the relevant provision that sets out the offence
in Column 2 of the Table.
(5) The description of a relevant offence set out in
column 1 of the Table in Schedule 3 is provided
for convenience of reference only and is not to be
taken to affect the nature or elements of the
relevant offence to which the description refers or
the operation of these Regulations.
42 Notice of recording of accident towing demerit
points
(1) VicRoads must notify in writing any person who
incurs any accident towing demerit points that the
accident towing demerit points have been
recorded against the person in the Accident
Towing Demerits Register as soon as is
reasonably possible after the recording occurs.
(2) A notice under subregulation (1) must contain—
(a) the accreditation number or numbers
allocated to the accredited person and a
description of the kind or kinds of
accreditation held; and
(b) particulars of the offence including the date
of the offence and the number of accident
towing demerit points recorded in respect of
the offence; and
(c) particulars of any accident towing demerit
points previously recorded against the
person.
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(3) Despite subregulation (1), a notice does not need
to be sent to the person if a notice of suspension
under section 167 of the Act is served on the
person.
43 Notice of suspension of accreditation
For the purposes of section 167(2) of the Act, a
notice of suspension to be served on an accredited
person must contain the following particulars—
(a) the accreditation number or numbers
allocated to the accredited person and a
description of the kind or kinds of
accreditation held;
(b) a summary of the applicable offence or
offences including the date of the offence or
offences and the number of accident towing
demerit points recorded in respect of the
offence or offences;
(c) a summary of accident towing demerit points
recorded against the person;
(d) the period of suspension to be served by the
person;
(e) where the accredited person is the holder of a
tow truck licence, a copy or summary of
sections 33(3) and (4) of the Act.
44 Cancellation of demerit points
For the purposes of section 170 of the Act, the
circumstances in which VicRoads may cancel
accident towing demerit points are—
(a) if accident towing demerit points have been
recorded against a person in error or because
of wrongful or mistaken identity; or
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(b) if a miscalculation has been made in
assessing the total number of accident
towing demerit points incurred by a person;
or
(c) if otherwise required by law.
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Part 9—Infringements
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44
PART 9—INFRINGEMENTS
45 Infringements
(1) For the purposes of section 173(1) of the Act, the
offences set out in column 1 of the Table in
Schedule 4 are prescribed to be offences for which
infringement notices may be served.
(2) For the purposes of section 173(3) of the Act, the
penalty prescribed in respect of each offence is the
amount specified in column 3 of the Table in
Schedule 4 opposite the prescribed offence set out
in Column 1 of that Table.
(3) A description of an offence set out in Column 2 of
the Table in Schedule 4 opposite an infringement
offence set out in column 1 is provided for
convenience of reference only and is not to be
taken to affect the nature or elements of the
offence to which the description refers or the
operation of these Regulations.
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PART 10—ENFORCEMENT
46 Embargo notice
For the purposes of section 193(1) of the Act, the
form of an embargo notice is set out in Schedule 5.
__________________
r. 46
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SCHEDULES
Regulation 17
SCHEDULE 1
TOW TRUCK SPECIFICATIONS AND EQUIPMENT
Item Column 1
Specifications and equipment
Column 2
Exceptions
1 Load capacity
(i) at least 1⋅25 tonnes; or
(ii) in the case of a tow truck operated
under a heavy tow truck licence, at
least 4 tonnes
2 Tyres
Dual tyres on each side of each axle on the
wheels of the rear axle group
3 Lifting equipment
(i) fitted with a crane, winch, hoist or
other lifting device which has a safe
working load of not less than
1⋅25 tonnes; or
(ii) in the case of a tow truck operated
under a heavy tow truck licence,
fitted with a crane, winch, hoist or
other lifting device which has a safe
working load of not less than
4 tonnes
4 Equipment for removal of debris and glass
Equipped with a broom, shovel and a durable
rubbish receptacle for the removal of debris
and glass attributable to a road accident
Example
Examples of durable rubbish receptacles
include plastic or metal buckets and hessian
sacks
Sch. 1
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Item Column 1
Specifications and equipment
Column 2
Exceptions
5 Fire extinguishing equipment
Equipped with either a fully maintained foam
fire extinguisher of at least 4⋅5 litres capacity
or a dry chemical powder fire extinguisher of
at least 4⋅5 kilograms capacity
6 Warning lights
Fitted with a warning light or lights (other
than a strobe light) that, when switched on—
(a) emit a rotating or flashing yellow
coloured light; and
(b) have a combined power output of at
least 55 watts
7 Adjustable lights
Fitted with adjustable lights mounted so that
the person responsible for loading or
unloading an accident damaged motor vehicle
will have sufficient illumination to do so
safely when it is dark
8 Lightboard
Equipped with a lightboard that:
(a) can be securely placed on the rear of the
towed vehicle and connected
electrically or wirelessly to the tow
truck; and
(b) includes lights and reflector lamps that
would, if attached to the rear of the tow
truck, meet the standards for registration
that apply to a tow truck (including tail
lights, number plate lights, brake lights,
reversing lights, direction indicator
lights and rear reflectors); and
Tow truck that
does not tow
vehicles behind
it including a
tow truck that
lifts vehicles
onto the tow
truck for
carriage
(c) displays a facsimile of the number plate
of the tow truck
__________________
Sch. 1
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SCHEDULE 2
Regulations 35(1)–(3)
AUTHORITY TO TOW
(For the authorisation of towing accident damaged motor vehicles only)
Name of the licence holder of the tow truck
Address, depot number and telephone number of the depot from which the
tow truck operates
Registered number of the tow truck
Name of the tow truck driver
Accreditation number of tow truck driver
Name and address of the owner of the vehicle which is to be towed
Make and registration number of the vehicle which is to be towed
Date and time the authority to tow was completed
Location of the vehicle before removal
Allocated job number (if applicable)
Name and address of the person who is authorising the tow
Description of the person authorising the tow (please tick appropriate box):
□ the owner (or agent of the owner) of the vehicle
□ the driver of the vehicle
□ police officer
Sch. 2
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Address of the place to which the vehicle is to be towed
Brief description of salvage work undertaken (if any)
Statement of applicable rates
This statement of applicable rates is intended to provide an indication of the
likely cost of towing, vehicle storage and other related services. It does not
constitute an invoice. Please note that in some circumstances, it may be
difficult to provide an estimate in relation to items (3), (6) and (7). For
example, where significant salvage work is to occur, it may be difficult to
estimate the nature and cost of the equipment required or the time required to
complete the work.
Please mark "N/A" if an item is not applicable.
Please mark "N/E" if an estimate cannot be provided.
(1) Base fee....................................................................................
(2) Cost per additional kilometre...................................................
(3) Estimated number of additional kilometres..............................
(4) After-hours towing surcharge...................................................
(5) Daily storage fee.......................................................................
(6) Estimated salvage charge..........................................................
(7) Other estimated charges (please specify)..................................
□ Confirmation of receipt of VicRoads information pamphlet (for
driver, owner only). Please tick box.
Signature of the person authorising the towing
Signature of the person authorising vehicle storage (if applicable)
Sch. 2
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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 1
Description of offence
Column 2
Reference
Column 3
No. of points
Failing to keep records ATSR 14(1) 2
Failing to keep records at
specified depot for specified
period
ATSR 14(2) 2
Failing to make records
available on demand
ATSR 14(4) 2
Failing to provide copies of
records upon request
ATSR 14(5) 2
Failing to keep specified depot
open for business
ATSR 16(1)(a) 2
Specified depot not
contactable during business
hours
ATSR 16(1)(b) 2
Tow truck not usually garaged
at specified depot
ATSR 16(2) 2
Driver of rostered tow truck
fails to take reasonable steps
to attend accident scene within
30 minutes
ATSR 32(1) 2
Rostered tow truck used to
tow more than one vehicle at
the same time
ATSR 32(8) 2
Sch. 3
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Column 1
Description of offence
Column 2
Reference
Column 3
No. of points
Tow truck being driven or
used without bound book of
forms for authorities to tow
ATSR 35(6) 3
Failing to ensure removal of
debris and glass from road
accident scene
ATSR 37(1) 3
Failing to take reasonable
steps to notify authorities of a
hazard
ATSR 37(2) 3
Refusing to tow accident
damaged motor vehicle
ATSR 39(1) 3
Refusing to accept payment
via an approved payment
system
ATSR 40(1) 3
Operating a regular tow truck
without the required
accreditation, tow truck
licence or vehicle registration
or without complying with the
applicable weight restrictions
ATSA 6(1) 4
Failing to operate regular tow
truck from specified depot
ATSA 6(2) 3
Operating a heavy tow truck
without the required
accreditation, tow truck
licence or vehicle registration
or without complying with the
applicable weight restrictions
ATSA 7(1) 4
Failing to operate heavy tow
truck from specified depot
ATSA 7(2) 3
Driving a regular tow truck
that is not licensed
ATSA 8 4
Driving a heavy tow truck that
is not licensed
ATSA 9 4
Failing to comply with tow
truck licence conditions
ATSA 26 2
Sch. 3
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Column 1
Description of offence
Column 2
Reference
Column 3
No. of points
Failing to comply with
temporary permit or permit
conditions
ATSA 35(5) 2
Driver of tow truck damages
or loses an accident damaged
motor vehicle or the contents
of that vehicle
ATSA 38(1) 3
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
Failing to leave a restricted
road accident area when
requested
ATSA 41(3) 3
Causing regular tow truck to
attend accident scene in a
controlled area without an
allocation
ATSA 42(1) 4
Attending road accident scene
in a controlled area or towing
or attempting to tow an
accident damaged motor
vehicle from an accident scene
without an allocation
ATSA 42(2) 4
Without an allocation, causing
a regular tow truck to tow or
attempt to tow an accident
damaged motor vehicle from a
safe and convenient place
ATSA 44(1) 4
Without an allocation, tow or
attempt to tow an accident
damaged motor vehicle with a
regular tow truck from a safe
and convenient place
ATSA 44(2) 4
Sch. 3
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Column 1
Description of offence
Column 2
Reference
Column 3
No. of points
Causing more than one
accident damaged motor
vehicle to be towed under one
job number
ATSA 45(1) 3
Towing more than one
accident damaged motor
vehicle under a job number
ATSA 45(2) 3
Failing to comply with
conditions of industry
accreditation
ATSA 74 2
Failing to keep records
relating to complaints or to
provide complaint information
to VicRoads when requested
ATSA 90(1) 3
Failing to keep records
relating to complaints or to
provide complaint information
to VicRoads when requested
ATSA 90(2) 3
Driving a licensed tow truck
or accompanying a driver
without holding tow truck
driver accreditation
ATSA 98(1) 2
Failing to comply with
conditions of a tow truck
driver accreditation
ATSA 115 2
Towing an accident damaged
motor vehicle from a road
accident scene without an
authority to tow
ATSA 142(1) 3
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
Failing to give a copy of the
authority to tow to the person
who authorised the tow
ATSA 144 3
Sch. 3
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Column 1
Description of offence
Column 2
Reference
Column 3
No. of points
Failing to carry an authority to
tow while towing
ATSA 145(1) 3
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
vehicle
ATSA 145(2) 3
Failing to give job number to
member of the force or
authorised officer upon
request
ATSA 145(4) 3
Failing to tow accident
damaged motor vehicle to the
place specified in the authority
to tow
ATSA 146 3
Seeking repair work at an
accident scene
ATSA 147 4
Touting or soliciting for
business at a road accident
scene
ATSA 148(1) 4
Offering, obtaining or
attempting to obtain
agreement for towing or
removal services at road
accident scene
ATSA 148(2) 3
Failing to store accident
damaged motor vehicle in
secure area
ATSA 150(1) 3
Failing to provide vehicle
owner written notice regarding
storage charges
ATSA 151(1) 3
Charging towing fees or
storage fees other than in
accordance with a Ministerial
determination (if any)
ATSA 152(2) 4
Sch. 3
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Column 1
Description of offence
Column 2
Reference
Column 3
No. of points
Commencing or carrying out
repair work without written
approval of the owner
ATSA 153(1) 4
Failing to repay charges that
were unlawfully collected
ATSA 153(5) 4
Failing to release a towed
vehicle
ATSA 156(1) 4
Failing to ensure that the
release of a towed vehicle is
not frustrated or obstructed by
another person
ATSA 156(2) 4
Failing to comply with a
requirement of VicRoads or an
inspector
ATSA 203(1) 3
Obstructing or hindering an
inspector
ATSA 203(2) 4
Impersonating an inspector ATSA 203(3) 4
Providing false or misleading
information
ATSA 215(1) 4
Obscene language, offensive
behaviour etc.
SOA 17 (in
towing-related
circumstances
only)
3
Assault SOA 23 (in
towing-related
circumstances
only)
4
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
Sch. 3
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SCHEDULE 4
Regulation 45
INFRINGEMENTS
Column 1 Column 2 Column 3 Column 4
Reference
Short description of
offence
Penalty
units Code
Accident Towing
Services Regulations
2008
14(1) Failing to keep records 1⋅25 4429
14(2) Failing to keep records
at specified depot for
specified period
1⋅25 4430
14(4) Failing to make records
available on demand
1⋅25 4415
16(1)(a) Failing to keep
specified depot open
for business
1⋅5 4431
16(1)(b) Specified depot not
contactable during
business hours
1⋅5 4432
16(1)(c) Failing to display
necessary sign at
specified depot
1⋅5 4433
16(2) Tow truck not usually
garaged at specified
depot
1⋅5 4434
17 and item 4 of
Schedule 1
Tow truck not
equipped with broom,
shovel or rubbish
receptacle
1⋅5 4406
17 and item 5 of
Schedule 1
Tow truck not
equipped with fire
extinguisher
1⋅5 4407
17 and item 6 of
Schedule 1
Tow truck not fitted
with warning lights
1⋅5 4405
Sch. 4
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Column 1 Column 2 Column 3 Column 4
Reference
Short description of
offence
Penalty
units Code
17 and item 7 of
Schedule 1
Tow truck not fitted
with adjustable lights
1⋅5 4435
17 and item 8 of
Schedule 1
Tow truck not
equipped with
lightboard
1⋅5 4436
19, item 1 of Table Failing to display name
and address of licence
holder on tow truck
1⋅5 4421
19, item 2 of Table Failing to display the
word "depot" followed
by the depot number on
tow truck
1⋅5 4437
21(3) Failing to prevent use
of tow truck while
subject to repair notice
1.5 4427
22(1)(b) Failing to activate
warning lights when
picking up or setting
down accident
damaged motor vehicle
at a road accident scene
1⋅5 4438
23 Failing to correctly
display lightboard
1⋅5 4439
32(8) Rostered tow truck
used to tow more than
one vehicle at the same
time
1⋅5 4440
35(6) Tow truck being driven
or used without bound
book of forms for
authorities to tow
1⋅5 4402
35(8) Failing to ensure that
forms for authorities to
tow are used in order
of serial number
1⋅5 4441
Sch. 4
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Column 1 Column 2 Column 3 Column 4
Reference
Short description of
offence
Penalty
units Code
37(1) Failing to ensure
removal of debris and
glass from road
accident scene
1⋅5 4424
39(1) Refusing to tow
accident damaged
motor vehicle
4 4422
40(1) Refusing to accept
payment via an
approved payment
system
4 4442
Accident Towing
Services Act 2007
6(1) Operating a regular
tow truck without the
required accreditation,
tow truck licence or
vehicle registration or
without complying
with the applicable
weight restrictions
10 4443
6(2) Failing to operate
regular tow truck from
specified depot
10 4428
7(1) Operating a heavy tow
truck without the
required accreditation,
tow truck licence or
vehicle registration or
without complying
with the applicable
weight restrictions
10 4444
7(2) Failing to operate
heavy tow truck from
specified depot
10 4445
8 Driving a regular tow
truck that is not
licensed
10 4419
Sch. 4
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Column 1 Column 2 Column 3 Column 4
Reference
Short description of
offence
Penalty
units Code
9 Driving a heavy tow
truck that is not
licensed
10 4446
36 Failing to carry
temporary permit
1⋅5 4447
37 Failing to produce
temporary permit when
requested
1⋅5 4448
40(1) Permitting or allowing
a person to travel in an
accident damaged
motor vehicle that is
being towed
3 4449
42(1) Causing regular tow
truck to attend accident
scene in a controlled
area without an
allocation
12 4450
42(2) Attending road
accident scene in a
controlled area or
towing or attempting to
tow an accident
damaged motor vehicle
from an accident scene
without an allocation
8 4412
44(1) Without an allocation,
causing a regular tow
truck to tow or attempt
to tow an accident
damaged motor vehicle
from a safe and
convenient place
12 7400
Sch. 4
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Column 1 Column 2 Column 3 Column 4
Reference
Short description of
offence
Penalty
units Code
44(2) Without an allocation,
tow or attempt to tow
an accident damaged
motor vehicle with a
regular tow truck from
a safe and convenient
place
8 7401
45(1) Causing more than one
accident damaged
motor vehicle to be
towed under one job
number
10 7402
45(2) Towing more than one
accident damaged
motor vehicle under a
job number
8 7403
51(1) Causing a regular tow
truck to attend a road
accident scene or to
tow or attempt to tow
an accident damaged
motor vehicle from a
road accident scene
when that road
accident scene is in a
self-management area
and where the specified
depot for the tow truck
is outside the self-
management area
8 7404
Sch. 4
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Column 1 Column 2 Column 3 Column 4
Reference
Short description of
offence
Penalty
units Code
51(2) Causing a regular tow
truck, without authority
under the Act, to attend
a road accident scene
or to tow or attempt to
tow an accident
damaged motor vehicle
from a road accident
scene when that road
accident scene is
outside a self-
management area and
where the specified
depot for the tow truck
is inside that self-
management area
8 7405
56(1) Carrying on an
accident towing service
business without
accreditation
10 7406
56(2) Managing an accident
towing service business
from a depot without
accreditation
10 7407
98(1) (in relation to
the driving of a tow
truck only)
Driving a licensed tow
truck without holding
tow truck driver
accreditation
8 4416
98(2) While being the holder
of a tow truck driver
accreditation, allowing
another person to drive
the tow truck or to be a
passenger in the tow
truck when that other
person is not accredited
8 4418
115 Failing to comply with
conditions of a tow
truck driver
accreditation
1⋅5 7408
Sch. 4
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Column 1 Column 2 Column 3 Column 4
Reference
Short description of
offence
Penalty
units Code
118 Failing to notify
VicRoads of change of
address or failing to
return accreditation
certificate to VicRoads
for amendment
1⋅25 4401
120 Failing to carry tow
truck driver
accreditation certificate
when required
1⋅5 4417
121 Failing to produce
certificate of tow truck
driver accreditation
when requested
1⋅5 7409
142(1) Towing an accident
damaged motor vehicle
from a road accident
scene without an
authority to tow
5 7410
142(2) Towing an accident
damaged motor vehicle
from a safe and
convenient place on a
designated road
without an authority to
tow
5 7411
143 Failing to record the
job number on an
authority to tow
3 7412
144 Failing to give a copy
of the authority to tow
to the person who
authorised the tow
1⋅5 4404
145(1) Failing to carry an
authority to tow while
towing
1⋅5 7413
Sch. 4
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Column 1 Column 2 Column 3 Column 4
Reference
Short description of
offence
Penalty
units Code
145(2)(a) Failing to produce an
authority to tow when
requested
1⋅5 7414
145(4) Failing to give job
number to member of
the force or authorised
officer upon request
1⋅5 7415
146 Failing to tow accident
damaged motor vehicle
to the place specified in
the authority to tow
3 4423
147 Seeking repair work at
an accident scene
12 7416
148(1) Touting or soliciting
for business at a road
accident scene
12 4414
148(2) Offering, obtaining or
attempting to obtain
agreement for towing
or removal services at
road accident scene
12 7417
150(1) Failing to store
accident damaged
motor vehicle in secure
area
3 7418
__________________
Sch. 4
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SCHEDULE 5
Regulation 46
EMBARGO NOTICE
1 A search warrant authorised under section 189 of the Accident Towing
Services Act 2007 (the Act) was issued at a.m./p.m.
on / / by at
2 The warrant authorised the seizure of
3 Section 193 of the Act provides that an inspector executing a search
warrant under section 189 who is authorised by that warrant to seize
any thing may, if the thing cannot, or cannot readily, be physically
seized and removed, issue an embargo notice in relation to that thing.
4 The item described below has been embargoed under section 193 of the
Act:
5 Section 193(2) provides that a person who knows that an embargo
notice has been issued in relation to a thing must not—
(i) sell;
(ii) lease;
(iii) move (without the written consent of the inspector who issued
the embargo notice);
(iv) transfer; or
(v) otherwise deal with the thing or any part of the thing.
Significant penalties apply for a contravention of section 193(2) of the
Act.
6 Section 193(3) of the Act provides that it is a defence to a prosecution
for an offence against section 193(2) to prove that the thing or the part
of the thing was moved for the purpose of protecting and preserving it.
7 Section 193(4) of the Act provides that a sale, lease, transfer or other
dealing with a thing in contravention of section 193 of the Act is void.
8 This notice was—
served on (name)
affixed to the item described above.
Sch. 5
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Signature of inspector
Name of inspector
Address
Telephone number
Date Time
═══════════════
Sch. 5
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