Transport (Tow Truck) (Amendment) Regulations 1999

i Transport (Tow Truck) (Amendment) Regulations 1999 S.R. No. 53/1999 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Principal Regulations 2 4. Amendment of definitions 2 5. Authority to tow 2 6. Operation of Allocation Centre 2 7. Attendance at accident scenes 3 8. Obligations of persons at accident scenes 3 9. Amendment of authority to tow form 4 ═══════════════ NOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 1999 S.R. No. 53/1999 Transport Act 1983 Transport (Tow Truck) (Amendment) Regulations 1999 The Governor in Council makes the following Regulations: Dated: 11 May 1999 Responsible Minister: GEOFF CRAIGE Minister for Roads and Ports BILL ZISIMOPOULOS Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Transport (Tow Truck) Regulations 1994— (a) to make provision in relation to the towing of damaged or abandoned vehicles from the Link road or the Extension road in accordance with section 114A of the Melbourne City Link Act 1995; and (b) to make provision in relation to the towing of damaged vehicles from places approved for the purposes of section 183B(4)(c) of the Transport Act 1983; and (c) to revoke redundant definitions. 2. Authorising provisions These Regulations are made under sections 185 and 256 of the Transport Act 1983. -- 2 of 6 -- S.R. No. 53/1999 Transport (Tow Truck) (Amendment) Regulations 1999 2 3. Principal Regulations In these Regulations, the Transport (Tow Truck) Regulations 1994 1 are called the Principal Regulations. 4. Amendment of definitions In regulation 4 of the Principal Regulations— (a) insert— ' "the Act" means the Transport Act 1983;'; (b) the definitions of "accident", "accident scene", "licensing authority" and "operator" are revoked. 5. Authority to tow In regulation 7(3) of the Principal Regulations, after "13(2)" insert "or 13(2A)". 6. Operation of Allocation Centre In regulation 11 of the Principal Regulations— (a) in sub-regulation (1), after "attend the accident scene" insert "or, if the accident scene is on the Link road or the Extension road, may report the matter to the Link corporation or the Extension corporation (within the meaning of the Melbourne City Link Act 1995) or to an agent of either of those corporations"; (b) after sub-regulation (9) insert— '(10) In this Regulation, "accident scene" includes a place approved by the licensing authority for the purposes of section 183B(4)(c) of the Act in respect of a vehicle that was towed to that place in the circumstances set out in section 183B(4).'. r. 3 -- 3 of 6 -- S.R. No. 53/1999 Transport (Tow Truck) (Amendment) Regulations 1999 3 7. Attendance at accident scenes In regulation 12 of the Principal Regulations, after sub-regulation (6) insert— "(7) The owner of a tow truck whose driver attends an accident scene or tows or attempts to tow a damaged motor vehicle from an accident scene is not guilty of an offence under sub-regulation (1) if— (a) the accident scene is on the Link road or the Extension road; and (b) the tow truck driver is authorised by the relevant corporation (within the meaning of the Melbourne City Link Act 1995) to attend accident scenes on that road; and (c) in a case in which the tow truck driver tows the damaged vehicle from the accident scene, the tow truck driver tows the vehicle to a place approved by the licensing authority for the purposes of section 183B(4)(c) of the Act.". 8. Obligations of persons at accident scenes (1) After regulation 13(2) of the Principal Regulations insert— "(2A) Without limiting sub-regulation (2), an authority to tow form may be signed by a person acting in accordance with section 114A(1) of the Melbourne City Link Act 1995 in the case of an accident scene on the Link road or Extension road.". (2) After regulation 13(3) of the Principal Regulations insert— "(3AA) Despite sub-regulation (3), an operator is not required to tow a damaged motor vehicle to a r. 7 -- 4 of 6 -- S.R. No. 53/1999 Transport (Tow Truck) (Amendment) Regulations 1999 4 place requested by the owner or driver of the vehicle if— (a) the tow truck driver tows the vehicle to a place approved by the licensing authority in accordance with section 183B (4) of the Act; or (b) the vehicle is moved in accordance with section 114A of the Melbourne City Link Act 1995.". 9. Amendment of authority to tow form In Schedule 1 to the Principal Regulations, after "an officer of the Corporation" insert ", or a person acting in accordance with section 114A(1) of the Melbourne City Link Act 1995". ═══════════════ r. 9 -- 5 of 6 -- S.R. No. 53/1999 Transport (Tow Truck) (Amendment) Regulations 1999 5 NOTES 1 Reg. 3: S.R. No. 182/1994. Reprint No. 1 as at 23 October 1997 and subsequently amended by S.R. No. 30/1999. Notes -- 6 of 6 --