Transport (Tow Truck) (Amendment) Regulations 2006

i Transport (Tow Truck) (Amendment) Regulations 2006 S.R. No. 124/2006 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Authority to tow 1 4. Authority to tow to be carried and produced 2 5. New regulation 31A inserted 2 31A. Towing in accordance with section 119A of the Road Management Act 2004 2 6. New regulation 36A inserted 2 36A. Permissible behaviour by driver at accident scene 2 7. Amendment to Schedule 1 3 ═══════════════ ENDNOTES 4 -- 1 of 5 -- 1 STATUTORY RULES 2006 S.R. No. 124/2006 Transport Act 1983 Transport (Tow Truck) (Amendment) Regulations 2006 The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations: Dated: 19 September 2006 Responsible Minister: PETER BATCHELOR Minister for Transport RUTH LEACH Clerk of the Executive Council 1. Objective The objective of these Regulations is to specify permissible behaviour by a tow truck driver at an accident scene and to make further provision about accident towing authorities. 2. Authorising provision These Regulations are made under section 185 of the Transport Act 1983. 3. Authority to tow In regulation 29(3) of the Transport (Tow Truck) Regulations 2005 1 for "The" substitute "Subject to regulation 31A, the". -- 2 of 5 -- S.R. No. 124/2006 Transport (Tow Truck) (Amendment) Regulations 2006 2 4. Authority to tow to be carried and produced In regulation 31(1) of the Transport (Tow Truck) Regulations 2005 for "signed by the person authorising the towing" substitute "completed and signed in accordance with regulations 29 and 30". 5. New regulation 31A inserted After regulation 31 of the Transport (Tow Truck) Regulations 2005 insert— "31A. Towing in accordance with section 119A of the Road Management Act 2004 An authority to tow a motor vehicle does not need to be signed if— (a) the motor vehicle is being removed from a freeway or other road in accordance with section 119A of the Road Management Act 2004; and (b) the driver of the tow truck has evidence that he or she is authorised by VicRoads to tow the motor vehicle in accordance with section 119A of that Act.". 6. New regulation 36A inserted After regulation 36 of the Transport (Tow Truck) Regulations 2005 insert— "36A. Permissible behaviour by driver at accident scene (1) Subject to sub-regulation (2), for the purposes of section 177(4) of the Act a tow truck driver is permitted, at an accident scene— (a) to approach the driver of a damaged motor vehicle, or other person authorised to sign an authority to tow r. 4 -- 3 of 5 -- S.R. No. 124/2006 Transport (Tow Truck) (Amendment) Regulations 2006 3 for the vehicle, to offer to tow the vehicle; (b) to offer, obtain or attempt to obtain an authority to tow for a damaged motor vehicle from the driver of the vehicle or any other person authorised to sign an authority to tow for the vehicle. (2) If an accident scene is in a controlled area, sub-regulation (1) only applies if the tow truck driver has authorisation from an Allocation Centre to attend that accident scene.". 7. Amendment to Schedule 1 In Schedule 1 to the Transport (Tow Truck) Regulations 2005 after "Signature of the person authorising the towing" insert "(if required).". ═══════════════ r. 7 -- 4 of 5 -- S.R. No. 124/2006 Transport (Tow Truck) (Amendment) Regulations 2006 4 ENDNOTES 1 Reg. 3: S.R. No. 136/2005. Endnotes -- 5 of 5 --