Part 1
Preliminary
Division 1
Introduction
1
Short
title
This regulation may be cited as the Tow Truck Regulation
2024.
2
Commencement
This regulation commences on 26 August 2024.
Division 2
Interpretation
3
Definitions
The dictionary in schedule 4 defines particular words
used in this regulation.
Part 2
General
provisions
Division 1
Appropriate persons for driver accreditations
4
Matter
to be considered in deciding whether persons are appropriate persons to
hold or continue to hold driver accreditations—Act, s 13
(1)
This section applies in relation to a person
who holds an M condition driver licence.
(2)
For section 13(1)(h) of the Act, the
chief executive must, in deciding whether the person is an
appropriate person to hold or continue to hold a driver
accreditation, have regard to whether the person has a valid
medical certificate stating the person complies with the fitness
to drive standards.
(3)
In this section—
fitness to drive
standards means the medical standards for
licensing, commercial standards, stated in the document
called ‘Assessing fitness to drive for commercial and
private vehicle drivers’ published by Austroads Ltd ACN
136 812 390.
M condition see the
Transport Operations (Road Use Management—Driver
Licensing) Regulation 2021,
schedule 9.
M condition driver
licence means—
(a)
a Queensland driver licence
that is subject to an M condition; or
(b)
an interstate licence, or a
New Zealand licence, that corresponds to a
Queensland driver licence that is subject to an M
condition.
valid medical
certificate means a valid medical
certificate under the Transport Operations (Road Use Management—Driver
Licensing) Regulation 2021.
Division 2
Provisions about particular applications
5
Definitions for division
In this division—
application means—
(a)
an application for an
accreditation made under section 17
of the Act; or
(b)
a renewal application;
or
(c)
an amendment application;
or
(d)
an exemption application;
or
(e)
an application for a
replacement accreditation document made under
section 17(1) or (2); or
(f)
an application for a temporary
holding yard approval made under section 98; or
(g)
an application to extend the
period of a temporary holding yard approval made
under section 103.
information includes a
document.
6
Chief
executive may publish notice about applications
(1)
The chief executive may, by publishing a
notice on the department’s website—
(a)
approve a way in which an
application may be made; or
Examples of ways—
orally, by electronic
communication or by another form of
communication
(b)
require stated information to be
included in, or to accompany, an application.
(2)
A notice under subsection (1)(a) may include requirements for
making an application in the approved way.
(3)
A notice under subsection (1)(b) may only require information that
is reasonably necessary for—
(a)
the chief executive to decide the
application; or
(b)
another purpose related to the
application or the thing being applied for.
Examples of
information that is not reasonably necessary—
•
irrelevant personal
information
•
relevant personal
information if the provision of the information
would be excessively intrusive to personal
privacy
(4)
Subsection (1) applies whether
or not there is an approved form for the application.
(5)
In this section—
department’s website see
section 152(4)
of the Act.
7
How
applications must be made
(1)
An application must be made in 1 of the
following ways—
(a)
in the approved form for the
application;
(b)
in the approved way under section 6(1)(a) for making the
application;
(c)
if there is no approved form and
no approved way for making the application—in
writing.
(2)
An application must include, or be accompanied
by, any information required for the application under section 6(1)(b).
(3)
Subsection (2) does not limit or
otherwise affect another provision of this regulation that
requires an application to include, or be accompanied by,
particular information.
8
Chief
executive may request further information
(1)
The chief executive may ask the applicant for
an application for further information the chief executive
reasonably needs to decide the application.
(2)
If the request relates to an application for a
temporary holding yard approval or to extend the period of a
temporary holding yard approval, the request may be made by
notice given to the applicant or orally.
(3)
If the request relates to an application other
than an application mentioned in subsection (2), the request must
be made by notice given to the applicant.
(4)
The request—
(a)
must state—
(i)
the information required;
and
(ii)
a reasonable period, of at
least 28 days after the day the request is made,
within which the information must be given to the
chief executive; and
(iii)
that the applicant is taken
to have withdrawn the application if the applicant
does not comply with the request within the stated
period or any extension of that period under
subsection (6);
and
(b)
may state a way in which the
information must be given.
(5)
If the request is made orally, the chief
executive must give the applicant a notice confirming the
details of the request as soon as practicable after making the
request.
(6)
The chief executive may, by notice given to
the applicant, extend the period stated under subsection (4)(a)(ii).
9
Responding to request for information
(1)
If a request under section 8 does not state a way
in which the information must be given, the applicant—
(a)
for an application mentioned in
section 8(2)—may give the
information in writing or orally; or
(b)
otherwise—must give the
information in writing.
(2)
The applicant is taken to have withdrawn the
application if the applicant does not comply with the request
within the period stated under section 8(4)(a)(ii) or any extension of that period
under section 8(6).
Part 3
Accreditations
Division 1
Applications relating to accreditations
10
Grounds
for refusing applications relating to operator accreditations—Act, ss 18, 25 and 31
(1)
This section applies in relation to the
following applications—
(a)
an application for an operator
accreditation made under section 17
of the Act;
(b)
a renewal application to renew an
operator accreditation;
(c)
an amendment application to amend
an operator accreditation.
(2)
For sections 18(3)(b), 25(3)(b) and
31(3) of the
Act, the
ground that the application does not comply with the criteria
stated in subsections (3) to (5) is prescribed for the
application.
(3)
For subsection (2), a motor vehicle
to be used as a tow truck under the accreditation must—
(a)
be a tow truck that is—
(i)
a class 1T tow truck, class
2T tow truck, class 3T tow truck, class 4T tow
truck or class 5T tow truck under schedule 1, section 2; or
(ii)
a class 1 tow truck, class 2
tow truck, class 3 tow truck or class 4 tow truck
under schedule 1, section 3; and
(b)
be registered under the Transport Operations (Road Use
Management) Act 1995; and
(c)
comply with schedule 1, sections 5, 7 and 8; and
(d)
for an application other than a
renewal application—have markings on each side of
the tow truck, or on signs attached to each side of
the tow truck, that—
(i)
display the business name,
business address and telephone number of the tow
truck business to which the application relates;
and
(ii)
display the classification
of the tow truck under schedule 1, part 2; and
(iii)
are clearly legible at a
distance of 30m; and
(e)
for a renewal application—comply
with schedule 1, section 6.
(4)
Also, the application must comply with 1 of
the following—
(a)
any premises to be used as a
holding yard for the accreditation is owned or
leased by—
(i)
the applicant only; or
(ii)
if the applicant is a
partnership—1 or more of the partners in the
partnership only;
(b)
any premises to be used as a
holding yard for the accreditation is an authorised
holding yard for another operator accreditation and
is owned or leased by—
(i)
the holder of the other
operator accreditation only; or
(ii)
if the holder of the other
operator accreditation is a partnership—1 or more
of the partners in the partnership only;
(c)
the applicant has sufficient
control of any premises to be used as a holding yard
for the accreditation to prevent—
(i)
unauthorised persons from
entering the premises; and
(ii)
the unauthorised removal of
motor vehicles and property from the
premises.
(5)
Further, any premises to be used as a holding
yard for the accreditation must—
(a)
be enclosed by a prescribed fence
that is structurally sound and has lockable gates
and doors; or
(b)
have another barrier sufficient to
prevent—
(i)
unauthorised persons from
entering the premises; and
(ii)
the unauthorised removal of
motor vehicles and property from the
premises.
11
Grounds
for refusing particular applications relating to driver
accreditations—Act, ss 18 and
25
(1)
This section applies in relation to the
following applications—
(a)
an application for a driver
accreditation made under section 17
of the Act;
(b)
a renewal application to renew a
driver accreditation.
(2)
For sections 18(3)(b) and 25(3)(b) of the
Act, the
ground that the applicant does not comply with either of the
following criteria is prescribed for the application—
(a)
the applicant holds—
(i)
an open licence of a class
stated in the Transport Operations (Road Use Management—Driver
Licensing) Regulation 2021,
section 4(2); or
(ii)
an interstate licence, or a
New Zealand licence, that corresponds to an open
licence mentioned in subparagraph (i);
(b)
the applicant has held a licence
mentioned in paragraph (a) but
currently holds—
(i)
a restricted licence, or a
probationary licence, of a class stated in the
Transport Operations (Road Use Management—Driver
Licensing) Regulation 2021,
section 4(2); or
(ii)
an interstate licence, or a
New Zealand licence, that corresponds to a
restricted licence or probationary licence
mentioned in subparagraph (i).
(3)
In this section—
open licence see the
Transport Operations (Road Use
Management) Act 1995, schedule 4.
probationary licence see
the Transport Operations (Road Use
Management) Act 1995, schedule 4.
restricted licence see
the Transport Operations (Road Use
Management) Act 1995, schedule 4.
Division 2
Form of
accreditation documents for driver accreditations and assistant
accreditations
12
Application of division
This division applies in relation to a driver
accreditation or an assistant accreditation.
13
Form of
accreditation documents
(1)
An accreditation document for the
accreditation may be in the form, or partly in the form, of a
smartcard accreditation.
(2)
A smartcard accreditation may be in the form
of a smartcard transport authority.
Note—
See also—
•
the Transport Planning and Coordination
Act 1994, section 36G for when the chief
executive may issue a smartcard transport
authority under that Act; and
•
the Transport Planning and Coordination Regulation
2017, section 7
for when the chief executive may issue an interim
transport authority and when an interim transport
authority has effect as a smartcard transport
authority.
(3)
A smartcard accreditation that is in the form
of a smartcard transport authority may include information about
1 or more other transport authorities held by the holder of the
accreditation.
(4)
In this section—
transport authority see
the Transport Planning and Coordination
Act 1994, section 36G(3).
14
Information on accreditation documents
(1)
An accreditation document given to the holder
of the accreditation may—
(a)
indicate the following by way of a
code, expression or otherwise—
(i)
that the holder holds the
accreditation;
(ii)
whether the accreditation is
subject to a condition; or
(b)
contain information about—
(i)
the accreditation; or
(ii)
the holder’s personal
particulars.
(2)
A code or expression mentioned in subsection (1)(a) may be—
(a)
stated on the accreditation
document; or
(b)
stored electronically on a
smartcard accreditation.
(3)
Subsection (1) does not limit
the information that an accreditation document may
contain.
15
Expressions on accreditation documents
(1)
The expression ‘tow truck driver’ on an
accreditation document indicates that the person given the
document is the holder of a driver accreditation.
(2)
The expression ‘tow truck assistant’ on an
accreditation document indicates that the person given the
document is the holder of an assistant accreditation.
16
Codes
on accreditation documents
(1)
The code ‘N’ stated on an accreditation
document for the accreditation indicates that the accreditation
is not subject to any conditions.
(2)
The code ‘Y’ stated on an accreditation
document for the accreditation indicates that the accreditation
is subject to a condition.
(3)
The code ‘TEXT’ stored on a smartcard
accreditation indicates that the accreditation is subject to a
condition.
Division 3
Provisions relating to replacement of accreditation documents
Subdivision 1
Applying for replacement
accreditation documents
17
Applications for replacement accreditation documents
(1)
The holder of an accreditation may apply
to the chief executive for a replacement accreditation
document if—
(a)
information stated on the
accreditation document for the accreditation, or a
part of the document, (the original accreditation
document) is incorrect; or
(b)
the holder becomes aware, or
reasonably suspects, the accreditation document
for the accreditation, or a part of the document,
(also the original accreditation
document) has been damaged, lost or
stolen.
Note—
See also section 42 for the
holder’s obligation if an accreditation document
has been damaged, lost or stolen.
(2)
Also, the holder of a driver accreditation
or an assistant accreditation that is in the form, or partly
in the form, of a smartcard accreditation may apply to the
chief executive for a replacement smartcard accreditation if
the holder believes that confidential information on the
smartcard accreditation has been accessed by or disclosed to
an unauthorised person.
(3)
An application under subsection (1) or (2) must be accompanied by the
fee for the application under section 110.
Note—
For other requirements in relation
to the application, see part 2, division 2.
(4)
However, subsection (3) does not
apply to an application for a replacement smartcard
accreditation under subsection (1)(b) if the chief executive is
satisfied the smartcard accreditation was not received by
the holder because it has been lost or stolen.
(5)
Also, the chief executive may waive
payment of the fee mentioned in subsection (3) if—
(a)
for an application under
subsection (1)(a) or (2)—the chief executive
considers it is appropriate in the circumstances;
or
(b)
for an application under
subsection (1)(b)—the chief executive is
satisfied the original accreditation document was
damaged or lost because of a natural
disaster.
18
When replacement accreditation documents must be given
(1)
After receiving an application under
section 17(1)(a) or (b), the chief executive must
give the applicant a replacement accreditation document if
satisfied—
(a)
for an application under
section 17(1)(a)—the information on the
original accreditation document is incorrect;
or
(b)
for an application under
section 17(1)(b)—the original
accreditation document has been damaged, lost or
stolen.
(2)
However, if an application under section 17(1)(a) or (b) relates to part of the
accreditation document only, the chief executive need only
give a replacement document for the part.
(3)
After receiving an application under
section 17(2), the chief executive must
give the applicant a replacement smartcard
accreditation.
(4)
If the accreditation is suspended, the
chief executive is not required to comply with this section
until after the suspension ends.
19
Requirement to destroy particular smartcard accreditations replaced
under s 18
(1)
This section applies if—
(a)
the holder of an accreditation
makes an application under section 17(1)(b) in relation to a
smartcard accreditation (the original smartcard
accreditation); and
(b)
after a replacement smartcard
accreditation is given to the holder in relation
to the application, the original smartcard
accreditation comes into, or returns to, the
holder’s possession.
(2)
The holder must destroy the original
smartcard accreditation within 14 days after the day the
original smartcard accreditation comes into, or returns to,
the holder’s possession, unless the holder has a reasonable
excuse.
Maximum penalty—20 penalty
units.
Subdivision 2
Directions about smartcard
accreditations
20
Directions to return or destroy particular smartcard
accreditations
(1)
This section applies in relation to a
smartcard accreditation for an accreditation (the original smartcard
accreditation) if—
(a)
the accreditation is
surrendered; or
(b)
the accreditation is renewed;
or
(c)
the chief executive gives the
holder of the accreditation a replacement
smartcard accreditation for the
accreditation.
(2)
The chief executive may, by notice given
to the holder of the accreditation, direct the holder to do
1 of the following within a stated period—
(a)
to return the original
smartcard accreditation to the chief
executive;
(b)
to destroy the original
smartcard accreditation.
(3)
The holder of the accreditation must
comply with the direction unless the holder has a reasonable
excuse.
Maximum penalty for subsection (3)—20
penalty units.
Part 4
Amending,
suspending and cancelling accreditations
21
Grounds for
amending, suspending or cancelling operator accreditations—Act, s 38
For section 38(g) of the Act, the following
grounds are prescribed for amending, suspending or cancelling an
operator accreditation—
(a)
the holder of the accreditation has not
complied with—
(i)
a condition of the
accreditation; or
(ii)
a condition of a temporary
holding yard approval in effect for the
accreditation;
(b)
none of the following apply in relation to
an authorised holding yard for the accreditation—
(i)
the holding yard is owned or
leased by the holder of the accreditation only or,
if the holder is a partnership, 1 or more of the
partners in the partnership only;
(ii)
the holding yard is also an
authorised holding yard for another operator
accreditation and is owned or leased by the holder
of the other accreditation only or, if the holder
of the other accreditation is a partnership, 1 or
more of the partners in the partnership
only;
(iii)
the holder of the
accreditation has sufficient control of the
holding yard to prevent unauthorised persons from
entering the holding yard or the unauthorised
removal of motor vehicles or property from the
holding yard;
(c)
an authorised tow truck for the
accreditation has, during the period of the accreditation,
been used on a road in contravention of the Transport Operations (Road Use Management—Vehicle
Registration) Regulation 2021,
section 10;
(d)
the holder of the accreditation has not
complied with a direction given to the holder under section 109 within—
(i)
the period stated in the
direction; or
(ii)
if the chief executive has
extended the period for complying with the
direction under section 109(4), the extended
period.
22
Grounds for
amending, suspending or cancelling driver accreditations and assistant
accreditations—Act, s 38
(1)
For section 38(g) of the
Act, the
following grounds are prescribed for amending, suspending or
cancelling a driver accreditation or an assistant
accreditation—
(a)
the holder of the accreditation has
not complied with a condition of the
accreditation;
(b)
for a driver accreditation—
(i)
the holder of the
accreditation does not hold a relevant driver
licence; or
(ii)
the holder of the
accreditation has, during the period of the
accreditation, used a tow truck on a road in
contravention of the Transport Operations (Road Use Management—Vehicle
Registration) Regulation 2021,
section 10.
(2)
In this section—
relevant driver licence see
section 46 of the Act.
23
Class of
Queensland driver licence—Act, ss 46 and 50
For section 46 of the Act, definition
relevant driver licence, paragraph (a)
and section 50(3)(b) of the Act, a class stated
in the Transport Operations
(Road Use Management—Driver Licensing) Regulation
2021, section 4(2) is prescribed.
Part 5
Obligations and
requirements for holders of accreditations and other persons
Division 1
General
obligations to keep and produce documents
24
Requirement to keep particular documents—holders of operator
accreditations
(1)
The holder of an operator accreditation must
keep the following documents—
(a)
the accreditation document for the
accreditation;
(b)
each notice in relation to the
accreditation given to the holder by the chief
executive under part 2 or
3 of the Act
within the last 5 years;
(c)
notice of an exemption decision
given to the holder under section 133
of the Act
if the exemption decision—
(i)
is in effect; or
(ii)
has stopped having effect
within the last 5 years;
(d)
notice of the revocation of an
exemption decision given to the holder under section 91(2)(b) or 96(2) within the last 5
years;
(e)
notice of a temporary holding yard
approval given to the holder under section 100(1) if the approval—
(i)
is in effect; or
(ii)
has stopped having effect
within the last 5 years;
(f)
a notice extending the period of a
temporary holding yard approval given to the holder
under section 102(4) or 103(6) if the approval—
(i)
is in effect; or
(ii)
has stopped having effect
within the last 5 years;
(g)
each private property towing
consent relating to an arrangement between the
holder and an occupier of private property
that—
(i)
is in effect; or
(ii)
has stopped having effect
within the last 2 years;
(h)
a copy of each towing authority
given within the last 2 years for the towing of a
motor vehicle under the accreditation.
Maximum penalty—
(a)
for paragraphs (a) to
(f)—20 penalty units;
or
(b)
for paragraphs (g) and (h)—30 penalty units.
(2)
The holder of the operator accreditation must
ensure that—
(a)
a document kept under subsection (1),
including any copy of the document, is kept in a way
that prevents an unauthorised person from accessing
the document or copy; and
Examples for paragraph (a)—
•
locking a hard copy document
in a filing cabinet
•
using a strong password for
accessing a device on which an electronic document
is stored
(b)
a document kept under subsection (1) is kept
in a way that prevents the document from being
damaged, lost or stolen.
Maximum penalty—20 penalty
units.
(3)
The holder of the operator accreditation does
not commit an offence against subsection (1) or (2) if the holder has a reasonable
excuse.
25
Requirement to keep records about towing and release of motor
vehicles—holders of operator accreditations
(1)
This section applies if, under an operator
accreditation—
(a)
regulated towing is carried out in
relation to a motor vehicle; or
(b)
a motor vehicle is released under
section 58.
(2)
The holder of the operator accreditation
must—
(a)
record the prescribed particulars
for the motor vehicle within 24 hours after the
particulars are given to, or become known to, the
holder; and
(b)
keep the record for at least 2
years from the day the record is made.
Maximum penalty—20 penalty
units.
Note—
See also part 9, division 4 for the
requirement to keep records and material about
charges.
(3)
The record—
(a)
must state the day the record is
made; and
(b)
may be kept in hard copy or
electronic form.
(4)
The holder of the operator accreditation must
ensure that—
(a)
the record, including any copy of
the record, is kept in a way that prevents an
unauthorised person from accessing the record or
copy; and
Examples for paragraph (a)—
•
locking a hard copy record
in a filing cabinet
•
using a strong password for
accessing a device on which an electronic record
is stored
(b)
the record is kept in a way that
prevents the record from being damaged, lost or
stolen.
Maximum penalty—20 penalty
units.
(5)
The holder of the operator accreditation does
not commit an offence against subsection (2)(b) or (4) if the holder has a reasonable
excuse.
(6)
In this section—
prescribed particulars
means—
(a)
for a motor vehicle towed
from the scene of an incident or a seized motor
vehicle towed from the place of seizure—
(i)
the name and address of the
person who gave the holder of the operator
accreditation information about the incident or
seizure; and
(ii)
the place, day and
approximate time of the incident or seizure;
and
(iii)
the make, and registration
or other identification number, of the vehicle;
and
(iv)
the registration or other
identification number of each authorised tow truck
for the operator accreditation that attended the
scene of the incident or place of seizure;
and
(v)
the name of the holder of
the driver accreditation who towed the vehicle;
and
(vi)
the name of each holder of a
driver accreditation or assistant accreditation
who assisted with the tow; and
(vii)
if there is a towing
authority for the vehicle—the day and time the
vehicle arrived at the premises stated in the
towing authority for the vehicle; or
(b)
for a motor vehicle in
relation to which private property towing is
carried out—
(i)
the name and address of the
occupier of the private property on which the
vehicle was parked; and
(ii)
the make, and registration
or other identification number, of the vehicle;
and
(iii)
how the holder of the
operator accreditation became aware of the
vehicle’s presence on the private property;
and
(iv)
if a person told the holder
of the operator accreditation about the vehicle’s
presence on the private property—the name and
address of the person; and
(v)
the registration or other
identification number of each authorised tow truck
for the operator accreditation that attended the
private property; and
(vi)
the name of the holder of
the driver accreditation who towed the vehicle;
and
(vii)
the name of each holder of a
driver accreditation or assistant accreditation
who assisted with the tow; and
(viii)
the day and approximate time
the vehicle was moved from the private property;
and
(ix)
the day and time the vehicle
arrived at an authorised holding yard for the
operator accreditation; or
(c)
for a motor vehicle released
under section 58—
(i)
the matters mentioned in
paragraph (b)(i) to (v); and
(ii)
the name of each holder of a
driver accreditation or assistant accreditation
who was involved in lifting or loading the vehicle
onto the tow truck and securing it to the tow
truck; and
(iii)
the day and approximate time
the vehicle was released.
26
Producing smartcard accreditations to authorised officers—holders of
driver accreditations and assistant accreditations
(1)
This section applies if—
(a)
a motor vehicle—
(i)
is damaged in an incident in
a regulated area; or
(ii)
is seized in a regulated
area; and
(b)
the holder of a driver
accreditation or an assistant accreditation attends
the scene of the incident, or place of seizure, with
a tow truck; and
(c)
the accreditation document for the
driver accreditation or assistant accreditation is
in the form, or partly in the form, of a smartcard
accreditation.
Note—
See also—
•
section 13(2) for the form of a
smartcard accreditation; and
•
the Transport Planning and Coordination Regulation
2017, section 7
for when an interim transport authority has effect
as a smartcard transport authority.
(2)
Also, this section applies if—
(a)
the holder of a driver
accreditation or an assistant accreditation—
(i)
is travelling in an
authorised tow truck for an operator
accreditation; or
(ii)
is operating, or assisting
with the operation of, a tow truck to carry out
private property towing; and
(b)
the accreditation document for the
driver accreditation or assistant accreditation is
in the form, or partly in the form, of a smartcard
accreditation.
(3)
The holder of the driver accreditation or
assistant accreditation must, if asked by an authorised officer,
produce the smartcard accreditation to the officer for
inspection unless the holder has a reasonable excuse.
Maximum penalty—40 penalty
units.
(4)
It is not a reasonable excuse for the holder
of the driver accreditation or assistant accreditation to fail
to comply with subsection (3) that the holder
does not have the smartcard accreditation in the holder’s
immediate possession other than because the smartcard
accreditation has been lost or stolen.
Note—
See also section 42 for the
holder’s obligation if an accreditation document has
been damaged, lost or stolen.
Division 2
General
requirements relating to tow trucks and operation of tow trucks
Subdivision 1
Holders of operator
accreditations
27
Advertising on tow trucks
(1)
The holder of an operator accreditation
must ensure that neither of the following is displayed on an
authorised tow truck for the accreditation, including on a
sign or equipment attached to the tow truck—
(a)
advertising, markings or
particulars relating to a tow truck business or
another business that involves providing a towing
service for motor vehicles, other than the
authorised tow truck business for the
accreditation;
(b)
restricted advertising.
Maximum penalty—20 penalty
units.
(2)
However, this section does not apply in
relation to the displaying of the business name, business
address, contact details or logo of an organisation that
provides a roadside assistance service to motorists,
including through an arrangement with another
provider.
Examples of
contact details—
telephone number, email address,
website address, social media handle
28
Requirements relating to tow trucks
The holder of an operator accreditation must
ensure that an authorised tow truck for the accreditation
complies with schedule 1, sections 5 to 8.
Maximum penalty—20 penalty
units.
29
Directing persons to operate tow trucks in contravention of
particular provision
The holder of an operator accreditation must
not direct a person to operate an authorised tow truck for the
accreditation to carry out regulated towing if the operation
contravenes schedule 1, section 4.
Maximum penalty—20 penalty
units.
30
Removing markings from tow trucks
(1)
This section applies if—
(a)
the holder of an operator
accreditation disposes of an authorised tow truck
for the accreditation; or
(b)
the chief executive approves
an amendment application to remove a tow truck as
an authorised tow truck for an operator
accreditation.
(2)
The holder of the operator accreditation
must, before disposing of the tow truck or the day that is 2
days after the day the amendment application is approved,
remove from the tow truck any markings that indicate, or
tend to indicate, the tow truck is an authorised tow truck
for the accreditation.
Maximum penalty—20 penalty
units.
(3)
However, this section does not apply if
the amendment application is made under section 31(2).
31
Removing tow trucks as authorised tow trucks
(1)
This section applies if—
(a)
the holder of an operator
accreditation disposes of an authorised tow truck
for the accreditation; or
(b)
both of the following
apply—
(i)
the registered owner of an
authorised tow truck for an operator accreditation
is a person other than the holder of the
accreditation;
(ii)
the registered owner or
their agent notifies the holder of the
accreditation that the tow truck may no longer be
used as an authorised tow truck for the
accreditation.
(2)
The holder of the operator accreditation
must, before the day that is 14 days after the day the
holder disposes of the tow truck or the notification is
given, make an amendment application to remove the tow truck
as an authorised tow truck for the accreditation.
Maximum penalty—20 penalty
units.
(3)
In this section—
registered owner, of a
tow truck, means the person in whose name the tow
truck is registered under the Transport Operations (Road Use
Management) Act 1995 or a law of
the Commonwealth or another State that provides for
the registration of motor vehicles.
32
Requirement to return unused towing authority forms
(1)
This section applies if—
(a)
the holder of an operator
accreditation makes an amendment application to
remove a tow truck as an authorised tow truck for
the accreditation; and
(b)
the chief executive has given
the holder a hard copy approved form for a towing
authority for the tow truck; and
(c)
the approved form has not been
completed.
Example—
The chief executive has given the
holder a hard copy booklet containing approved forms
for a towing authority for the tow truck and some of
the forms in the booklet have not been
completed.
(2)
The holder of the operator accreditation
must, within 2 days after the day the amendment application
is made, return the approved form to the chief
executive.
Maximum penalty—20 penalty
units.
33
Requirement to surrender operator accreditation if no authorised
tow trucks
(1)
This section applies if—
(a)
the chief executive approves
an amendment application to remove a tow truck as
an authorised tow truck for an operator
accreditation; and
(b)
after the approval is given,
there are no authorised tow trucks for the
accreditation; and
(c)
within 90 days after the day
the approval is given, an amendment application to
state another tow truck as an authorised tow truck
for the accreditation has not been approved.
(2)
The holder of the operator accreditation
must, within 90 days after the day the approval mentioned in
subsection (1)(a) is given, surrender the
accreditation under section 35 of the
Act.
Maximum penalty—20 penalty
units.
Subdivision 2
Holders of driver
accreditations
34
Operating tow trucks
The holder of a driver accreditation must not
operate an authorised tow truck for an operator accreditation to
carry out regulated towing if the operation contravenes schedule 1, section 4.
Maximum penalty—20 penalty
units.
Division 3
Requirements relating to conduct
35
Definition for division
In this division—
relevant person means—
(a)
the holder of an
accreditation; or
(b)
an executive officer of a
corporation that is the holder of an operator
accreditation; or
(c)
a partner in a partnership
that is the holder of an operator
accreditation.
36
Promoting and advertising other businesses
(1)
A relevant person must not, while carrying out
an activity under an operator accreditation—
(a)
seek business for someone other
than the holder of the operator accreditation;
or
(b)
promote a business that
involves—
(i)
the carrying out or
arranging of vehicle repairs; or
(ii)
providing vehicle insurance
or assisting with claims for vehicle insurance;
or
(iii)
the hiring, purchasing or
lending of vehicles; or
(iv)
providing legal services;
or
(c)
display advertising, markings or
particulars relating to a tow truck business or
another business that involves providing a towing
service for motor vehicles, other than the
authorised tow truck business for the operator
accreditation; or
(d)
display restricted
advertising.
Maximum penalty—20 penalty units.
(2)
Without limiting subsection (1)(c) or (d), a person displays advertising,
markings or particulars if the person wears clothing that
displays advertising, markings or particulars.
(3)
However, a person does not commit an offence
against subsection (1) merely
because—
(a)
the person displays the business
name, business address, contact details or logo of
an organisation that provides a roadside assistance
service to motorists, including through an
arrangement with another provider; or
Examples of contact details—
telephone number, email
address, website address, social media
handle
(b)
the person provides information to
someone else about a roadside assistance service
provided to motorists by an organisation, including
through an arrangement with another provider;
or
(c)
advertising, markings or
particulars are displayed on an authorised tow truck
for the operator accreditation or on a sign or
equipment attached to the tow truck.
Note—
For the display of
advertising, markings or particulars on an
authorised tow truck for an operator
accreditation, or on a sign or equipment attached
to the tow truck, see section 27.
37
Obtaining or attempting to obtain authority for services other than
towing services
(1)
This section applies if a motor vehicle is
damaged in an incident in a regulated area.
(2)
A relevant person must not, while the owner of
the motor vehicle or the owner’s agent is at the scene of the
incident, obtain or attempt to obtain the authority of the owner
or the owner’s agent for the carrying out of a service other
than a towing service.
Example—
obtaining or attempting to obtain the
owner’s authority for the carrying out of repairs to the
motor vehicle by someone else
Maximum penalty—40 penalty units.
(3)
Subsection (4) applies if the
motor vehicle is towed by a tow truck from the scene of the
incident to premises stated in a towing authority for the
vehicle.
(4)
A relevant person must not, before the motor
vehicle arrives at the premises, obtain or attempt to obtain the
authority of the owner of the vehicle, or the owner’s agent, for
the carrying out of a service.
Maximum penalty—40 penalty units.
38
Intimidation and other behaviours
(1)
This section applies if—
(a)
a motor vehicle is damaged in an
incident in a regulated area; and
(b)
a relevant person attends the
scene of the incident with a tow truck.
(2)
Also, this section applies if—
(a)
a motor vehicle is parked on
private property in a regulated area; and
(b)
the owner of the vehicle has not
expressly requested or directed the towing of the
vehicle from the private property; and
(c)
a private property towing consent,
relating to an arrangement between the holder of an
operator accreditation and the occupier of the
private property, is in effect for the property;
and
(d)
any of the following persons
attend the private property with a tow truck—
(i)
the holder of the operator
accreditation;
(ii)
if the holder of the
operator accreditation is a corporation—an
executive officer of the corporation;
(iii)
if the holder of the
operator accreditation is a partnership—a partner
in the partnership;
(iv)
the holder of a driver
accreditation or an assistant accreditation who is
an employee of the authorised tow truck business
for the operator accreditation.
(3)
The person must not directly or
indirectly—
(a)
intimidate or harass someone else
at the scene of the incident or on the private
property; or
(b)
abuse someone else at the scene of
the incident or on the private property.
Maximum penalty—50 penalty units.
39
Obstructing delivery of aid
(1)
This section applies if—
(a)
a motor vehicle is damaged in an
incident in a regulated area; and
(b)
a relevant person attends the
scene of the incident with a tow truck.
(2)
The relevant person must not obstruct the
delivery of first aid or medical treatment to someone else at
the scene of the incident.
Maximum penalty—50 penalty
units.
(3)
In this section—
obstruct includes hinder
and attempt to obstruct.
40
Obtaining towing authorities from persons unable to make informed
decisions
(1)
This section applies if—
(a)
a motor vehicle is damaged in an
incident in a regulated area; and
(b)
the holder of a driver
accreditation attends the scene of the incident;
and
(c)
the owner of the motor vehicle, or
the owner’s agent, appears unable to make an
informed decision about whether to give a towing
authority for the vehicle.
Examples of an owner or agent who appears unable
to make an informed decision—
•
an owner or agent who has
been injured in the incident
•
an owner or agent who is
distressed as a result of another person being
killed or injured in the incident
(2)
The holder must not, either directly or
indirectly, obtain or attempt to obtain the owner’s or agent’s
signature on, or approval of, a towing authority for the motor
vehicle.
Maximum penalty—50 penalty
units.
41
Relevant persons remaining at scene of incident
(1)
This section applies if—
(a)
a motor vehicle is damaged in an
incident in a regulated area; and
(b)
a relevant person attends the
scene of the incident with a tow truck.
(2)
The relevant person must not remain at the
scene of the incident unless—
(a)
the tow truck is an authorised tow
truck for the operator accreditation under which the
person is acting; and
(b)
the tow truck’s classification
under schedule 1, part 2 is appropriate
for the towing of the motor vehicle; and
(c)
if the tow truck is classified as
a class 1 tow truck, class 2 tow truck or class 3
tow truck under schedule 1, section 3—the towing
or lifting of the motor vehicle by the tow truck
would not contravene schedule 1, section 4.
Maximum penalty—20 penalty units.
Note—
See also section 51 in relation to
tow trucks remaining at the scene of an incident.
(3)
A person does not commit an offence against
subsection (2) if the person
remains at the scene of the incident—
(a)
to give first aid to someone
injured in the incident; or
(b)
in accordance with a direction or
request by an authorised officer.
(4)
Also, a person who is the holder of a driver
accreditation or an assistant accreditation does not commit an
offence against subsection (2) if—
(a)
the holder is attending the scene
of the incident for the purpose of assisting another
person, who is already at the scene with another tow
truck—
(i)
to lift or load the motor
vehicle onto the other tow truck and secure the
vehicle to the other tow truck; or
(ii)
to clean the scene of the
incident; and
(b)
the other person holds a driver
accreditation; and
(c)
the holder and the other person
are acting under the same operator
accreditation.
Division 4
Requirements to notify of particular matters and make particular
applications
42
Obligation if accreditation documents damaged, lost or stolen
(1)
This section applies if the holder of an
accreditation becomes aware, or reasonably suspects, the
accreditation document for the accreditation, or a part of the
document, has been damaged, lost or stolen.
(2)
The holder must, within 14 days after the day
the holder becomes aware, or reasonably suspects, the
accreditation document or part has been damaged, lost or stolen,
apply for a replacement accreditation document under section 17(1)(b).
Maximum penalty—20 penalty units.
(3)
The holder does not commit an offence against
subsection (2) if the holder has
a reasonable excuse.
43
Notifying changes of name, address or postal address
(1)
This section applies if the holder of an
accreditation changes any of the following—
(a)
the holder’s name or
address;
(b)
if there is a current postal
address for the holder—the postal address.
(2)
The holder must, within 14 days after the
change, give the chief executive—
(a)
for a change of name—written
notice of the change; or
(b)
for a change of address—oral or
written notice of the change.
Maximum penalty—10 penalty units.
(3)
If the chief executive is satisfied the
information given by the holder under subsection (2) is correct, the
chief executive must—
(a)
for a change of name—give the
holder a replacement accreditation document for the
accreditation that records the change of name;
or
(b)
for a change of address—
(i)
give the holder a
replacement accreditation document for the
accreditation that records the change of address;
or
(ii)
if the accreditation
document for the accreditation is in the form, or
partly in the form, of a smartcard
accreditation—give the holder a change of address
label for the smartcard accreditation.
(4)
However, if the accreditation is suspended,
the chief executive is not required to comply with subsection (3) until after the
suspension ends.
(5)
The holder must, within 14 days after the day
a change of address label is received for a smartcard
accreditation under subsection (3)(b)(ii), attach the label to the back of
the smartcard accreditation in the space provided for a change
of address label.
Maximum penalty—10 penalty units.
(6)
The holder does not commit an offence against
subsection (2) or (5) if the holder has a reasonable
excuse.
44
Obligation if replacement labels damaged, lost or stolen
(1)
This section applies if the holder of an
accreditation becomes aware, or reasonably suspects, a change of
address label given to the holder under section 43(3)(b)(ii) for a smartcard accreditation
(the original label) has been
damaged, lost or stolen.
(2)
The holder must, within 14 days after the day
the holder becomes aware, or reasonably suspects, the original
label has been damaged, lost or stolen, ask the chief executive
for a replacement change of address label.
Maximum penalty—20 penalty units.
(3)
If the chief executive is satisfied the
original label has been damaged, lost or stolen, the chief
executive must give the holder a replacement change of address
label.
(4)
However, if the accreditation is suspended,
the chief executive is not required to comply with subsection (3) until after the
suspension ends.
(5)
The holder must, within 14 days after the day
the replacement change of address label is received, attach the
label to the back of the smartcard accreditation in the space
provided for a change of address label.
Maximum penalty—10 penalty units.
(6)
The holder does not commit an offence against
subsection (2) or (5) if the holder has a reasonable
excuse.
45
Notifying particular changes to partnerships
The holder of an operator accreditation that is a
partnership must give the chief executive notice of the following
events within 14 days after the day the event happens unless the
holder has a reasonable excuse—
(a)
a partner leaves the
partnership;
(b)
a partner dies.
Maximum penalty—20 penalty units.
46
Notifiable events under other Acts
(1)
This section applies if the holder of an
accreditation—
(a)
has an obligation under this
division to notify the chief executive of a
notifiable event; and
(b)
has an obligation under a
prescribed smartcard Act to notify the chief
executive, or the general manager under the Maritime Safety Queensland Act
2002, of the same notifiable
event; and
(c)
complies with the obligation under
the prescribed smartcard Act.
(2)
The obligation under this division to notify
the chief executive of the notifiable event is taken to have
been satisfied if, at the time the notification is given under
the prescribed smartcard Act, any time allowed to make the
notification under this division has not expired.
(3)
In this section—
notifiable event, in
relation to the holder of an accreditation, means any of
the following—
(a)
a change of the holder’s
name;
(b)
a change of the holder’s
address;
(c)
if there is a current postal
address for the holder—a change of the postal
address.
prescribed smartcard Act
means any of the following Acts—
(a)
the Photo Identification Card Act
2008;
(b)
the Transport Operations (Marine
Safety) Act 1994;
(c)
the Transport Operations (Passenger
Transport) Act 1994;
(d)
the Transport Operations (Road Use
Management) Act 1995.
Part 6
Provisions
relating to towing of damaged and seized motor vehicles
47
Producing
smartcard accreditation when offering to tow damaged motor
vehicles
(1)
This section applies if—
(a)
a motor vehicle is damaged in an
incident in a regulated area; and
(b)
the holder of a driver accreditation—
(i)
attends the scene of the
incident; and
(ii)
makes an offer to a person
to operate a tow truck to tow the vehicle from the
scene of the incident; and
(c)
the accreditation document for the
driver accreditation is in the form, or partly in the
form, of a smartcard accreditation.
Note—
See also—
•
section 13(2) for the form of a
smartcard accreditation; and
•
the Transport Planning and Coordination Regulation
2017, section 7
for when an interim transport authority has effect
as a smartcard transport authority.
(2)
The holder must, either before or when making the
offer, produce the smartcard accreditation for inspection by the
person unless the holder has a reasonable excuse.
Maximum penalty—40 penalty units.
(3)
It is not a reasonable excuse for the holder to
fail to comply with subsection (2) that the holder does
not have the smartcard accreditation in the holder’s immediate
possession other than because the smartcard accreditation has been
lost or stolen.
Note—
See also section 42 for the holder’s
obligation if an accreditation document has been damaged,
lost or stolen.
(4)
To remove any doubt, it is declared that this
section applies whether or not the person asks the holder to produce
the smartcard accreditation.
48
Obtaining
towing authorities
(1)
This section applies if a motor vehicle—
(a)
is damaged in an incident in a
regulated area; or
(b)
is seized in a regulated area.
(2)
The holder of a driver accreditation must not,
either directly or indirectly, obtain or attempt to obtain the
authorising person’s signature on, or approval of, a towing
authority for the motor vehicle unless—
(a)
the approved form for the towing
authority is properly and fully completed, including
stating the following information—
(i)
the name of the holder of
the driver accreditation;
(ii)
the name of the holder of
the operator accreditation under which the holder
of the driver accreditation is acting (the
relevant operator
accreditation);
(iii)
the registration or other
identification number of the tow truck to be used
to tow the vehicle;
(iv)
the premises, nominated by
the authorising person, to which the vehicle is to
be towed;
(v)
if a business is conducted
at the premises—the name of the business;
(vi)
the day and time the holder
of the driver accreditation completes the approved
form; and
(b)
the tow truck stated in the towing
authority is in sufficient proximity to the motor
vehicle to enable the holder to start lifting or loading
the vehicle onto the tow truck immediately after the
towing authority is signed or approved.
Maximum penalty—40 penalty units.
(3)
Subsection (4) applies if the
authorising person for the motor vehicle nominates that the vehicle
is to be towed to an authorised holding yard for the relevant
operator accreditation without nominating a particular authorised
holding yard.
(4)
For subsection (2)(a)(iv), the towing authority must state the
address of the authorised holding yard for the relevant operator
accreditation that is nearest to the scene of the incident or place
of seizure and has capacity to store the motor vehicle.
49
Requirement
to give towing authority to authorised person for motor vehicle
(1)
This section applies if—
(a)
a motor vehicle—
(i)
is damaged in an incident in
a regulated area; or
(ii)
is seized in a regulated
area; and
(b)
the holder of a driver accreditation
attends the scene of the incident or place of
seizure.
(2)
The holder must not operate a tow truck to tow the
motor vehicle from the scene of the incident or place of seizure
unless the holder has given the authorising person for the vehicle
the signed or approved towing authority for the vehicle.
Maximum penalty—30 penalty units.
(3)
However, subsection (2) does not apply in
relation to the towing of a motor vehicle from a prescribed road as
part of a tow to safety service.
(4)
In this section—
operate does not include
offer to operate.
50
Tow trucks
causing obstruction at scene of incident or place of seizure
(1)
This section applies if—
(a)
a motor vehicle—
(i)
is damaged in an incident in
a regulated area; or
(ii)
is seized in a regulated
area; and
(b)
the holder of a driver accreditation
attends the scene of the incident or place of seizure
with a tow truck; and
(c)
under section 64 of
the Act,
a towing authority is required for the towing of the
vehicle.
(2)
The holder must ensure the tow truck does not
obstruct a road at the scene of the incident or place of seizure
longer than is reasonably necessary for the holder to do the
following things—
(a)
to ascertain whether someone else has
obtained a towing authority for the motor vehicle and,
if not, to obtain a towing authority for the
vehicle;
(b)
if the holder obtains a towing
authority for the vehicle—
(i)
to lift or load the vehicle
onto the tow truck and secure the vehicle to the
tow truck; and
(ii)
for a tow truck at the scene
of an incident—to clean the scene of the
incident.
Maximum penalty—40 penalty units.
51
Tow trucks
remaining at scene of incident or place of seizure
(1)
This section applies if—
(a)
a motor vehicle—
(i)
is damaged in an incident in
a regulated area; or
(ii)
is seized in a regulated
area; and
(b)
the holder of a driver accreditation
attends the scene of the incident or place of seizure
with a tow truck; and
(c)
under section 64 of
the Act,
a towing authority is required for the towing of the
vehicle.
(2)
The holder must ensure the tow truck does not
remain at the scene of the incident or place of seizure longer than
is reasonably necessary for the holder to do the following
things—
(a)
to ascertain whether someone else has
obtained a towing authority for the motor vehicle and,
if not, to obtain a towing authority for the
vehicle;
(b)
if the holder obtains a towing
authority for the vehicle—
(i)
to lift or load the vehicle
onto the tow truck and secure the vehicle to the
tow truck; and
(ii)
for a tow truck at the scene
of an incident—to clean the scene of the
incident.
Maximum penalty—40 penalty units.
(3)
The holder does not commit an offence against
subsection (2) if—
(a)
the tow truck remains at the scene of
the incident while the holder gives first aid to a
person injured in the incident; or
(b)
the holder is complying with a
direction or request by an authorised officer for the
holder or tow truck to remain at the scene of the
incident.
(4)
Subsection (5) applies if—
(a)
the holder (the relevant holder) is
attending the scene of the incident for the purpose of
assisting another person, who is already at the scene
with another tow truck—
(i)
to lift or load the vehicle
onto the other tow truck and secure the vehicle to
the other tow truck; or
(ii)
to clean the scene of the
incident; and
(b)
the other person also holds a driver
accreditation; and
(c)
the relevant holder and the other
person are acting under the same operator
accreditation.
(5)
The relevant holder does not commit an offence
against subsection (2) if the relevant
holder ensures that the tow truck brought to the scene of the
incident by the relevant holder does not remain at the scene longer
than is reasonably necessary—
(a)
for the other person to ascertain
whether someone else has obtained a towing authority for
the motor vehicle and, if not, to obtain a towing
authority for the vehicle; and
(b)
if the other person obtains a towing
authority for the vehicle—for the relevant holder to
assist the other person—
(i)
to lift or load the vehicle
onto the other tow truck and secure the vehicle to
the other tow truck; and
(ii)
to clean the scene of the
incident.
52
Towing
motor vehicles under towing authorities
(1)
This section applies if the holder of a driver
accreditation obtains a towing authority authorising the
holder—
(a)
to tow a motor vehicle damaged in an
incident in a regulated area from the scene of the
incident; or
(b)
to tow a motor vehicle seized in a
regulated area from the place of seizure.
(2)
The holder must not operate a tow truck to tow the
motor vehicle to a location other than the premises stated in the
towing authority.
Maximum penalty—50 penalty units.
(3)
The holder must tow the motor vehicle to the
premises stated in the towing authority—
(a)
as soon as practicable after obtaining
the towing authority; and
(b)
using the route that—
(i)
is the most direct by road;
or
(ii)
the holder reasonably
considers will enable the holder to safely reach
the premises in the shortest amount of time.
Maximum penalty—20 penalty units.
53
Restriction
on obtaining further towing authorities until first motor vehicle
towed
(1)
This section applies if the holder of a driver
accreditation obtains a towing authority authorising the
holder—
(a)
to tow a motor vehicle damaged in an
incident in a regulated area from the scene of the
incident; or
(b)
to tow a motor vehicle seized in a
regulated area from the place of seizure.
(2)
The holder must not, either directly or
indirectly, obtain or attempt to obtain a towing authority for
another motor vehicle until the motor vehicle mentioned in subsection (1) has been towed to the
premises stated in the towing authority for the vehicle.
Maximum penalty—20 penalty units.
Part 7
Provisions
relating to private property towing
54
Application
of part
This part applies in relation to a motor vehicle
parked on private property in a regulated area if the owner of the
vehicle has not expressly requested or directed the towing of the
vehicle from the property.
55
Producing
private property towing consents to authorised officers
(1)
This section applies if the holder of a driver
accreditation is operating a tow truck to tow the motor vehicle from
the private property.
(2)
The holder of the driver accreditation must, if
asked by an authorised officer, produce to the officer for
inspection a private property towing consent that—
(a)
is in effect for the private property;
and
(b)
relates to an arrangement
between—
(i)
the occupier of the
property; and
(ii)
the holder of the operator
accreditation under which the holder of the driver
accreditation is acting.
Maximum penalty—30 penalty units.
(3)
The holder of the driver accreditation does not
commit an offence against subsection (2) if the holder has a
reasonable excuse.
(4)
It is not a reasonable excuse for the holder of
the driver accreditation to fail to comply with subsection (2) that the holder does
not have the private property towing consent in the holder’s
immediate possession.
(5)
In this section—
private property towing
consent includes a copy of a private property
towing consent.
56
Requirements before carrying out private property towing
(1)
This section applies if the holder of a driver
accreditation attends the private property.
(2)
The holder must not operate a tow truck to tow the
motor vehicle from the private property unless—
(a)
the holder can not, after taking
reasonable steps, find the owner of the vehicle;
or
(b)
if the holder finds the owner of the
vehicle—
(i)
the owner refuses to move
the vehicle from the property; or
(ii)
the holder reasonably
believes the owner can not, or will not, move the
vehicle from the property within a reasonable
time.
Maximum penalty—50 penalty units.
57
On-site
release of motor vehicles not yet secured to tow truck
(1)
This section applies if—
(a)
the holder of a driver accreditation
has started, but not finished, lifting or loading the
motor vehicle onto a tow truck and securing the vehicle
to the tow truck in preparation for moving the vehicle
from the private property; and
(b)
the owner of the vehicle is present
and has agreed to move the vehicle from the private
property within a reasonable time.
(2)
The holder must immediately release the
motor vehicle to the owner.
Maximum penalty—50 penalty units.
58
On-site
release of motor vehicles secured to tow truck—on-site release
charge imposed
(1)
This section applies if—
(a)
the holder of a driver accreditation
has lifted or loaded the motor vehicle onto a tow truck,
and done everything necessary to secure the vehicle to
the tow truck, in preparation for moving the vehicle
from the private property; and
(b)
the vehicle has not been moved from
the private property; and
(c)
the owner of the vehicle is present
and has agreed to move the vehicle from the private
property within a reasonable time; and
(d)
the holder of the operator
accreditation under which the holder of the driver
accreditation is acting charges the owner an on-site
release charge for the release of the vehicle under
section 79.
(2)
Before moving the motor vehicle from the private
property, the holder of the driver accreditation must—
(a)
tell the owner of the vehicle the
following things—
(i)
the amount of the on-site
release charge;
(ii)
that if the owner pays the
on-site release charge, the vehicle will be
immediately released; and
(b)
if the owner of the vehicle agrees to
pay the on-site release charge—give the owner a
reasonable opportunity to pay the charge.
Maximum penalty—30 penalty units.
(3)
Subsection (4) applies if, before
the motor vehicle is moved from the private property, the owner of
the vehicle pays the on-site release charge for the vehicle.
(4)
The holder of the driver accreditation must
immediately release the motor vehicle to the owner.
Maximum penalty—50 penalty units.
59
On-site
release of motor vehicles secured to tow truck—no on-site release
charge imposed
(1)
This section applies if—
(a)
the holder of a driver accreditation
has lifted or loaded the motor vehicle onto a tow truck,
and done everything necessary to secure the vehicle to
the tow truck, in preparation for moving the vehicle
from the private property; and
(b)
the vehicle has not been moved from
the private property; and
(c)
the owner of the vehicle is present
and has agreed to move the vehicle from the private
property within a reasonable time; and
(d)
the holder of the operator
accreditation under which the holder of the driver
accreditation is acting has not charged the owner an
on-site release charge for the release of the vehicle
under section 79.
(2)
The holder of the driver accreditation must
immediately release the motor vehicle to the owner.
Maximum penalty—50 penalty units.
60
Tow trucks
causing obstruction or remaining on private property
(1)
This section applies if the holder of a driver
accreditation attends the private property with a tow truck for the
purpose of towing the motor vehicle from the property.
(2)
The holder must ensure the tow truck does not
cause an unreasonable obstruction on the private property or a
road.
Maximum penalty—40 penalty units.
(3)
The holder must ensure the tow truck does not
remain at the private property longer than is reasonably necessary
for the holder—
(a)
to take the reasonable steps mentioned
in section 56(2)(a); and
(b)
if the holder can not find the owner
of the motor vehicle or section 56(2)(b) applies—to lift or load
the vehicle onto the tow truck and secure the vehicle to
the tow truck; and
(c)
if section 58(2)(b) applies—to give the owner
of the motor vehicle a reasonable opportunity to pay the
on-site release charge for the vehicle; and
(d)
if the holder is required to release
the motor vehicle under section 57, 58 or 59—to release the vehicle to
the owner.
Maximum penalty—40 penalty units.
61
Requirements for private property towing
(1)
This section applies if—
(a)
the holder of a driver accreditation
operates a tow truck to tow the motor vehicle from the
private property; and
(b)
no exemption decision is in effect for
the operator accreditation under which the holder of the
driver accreditation is acting.
Note—
For the requirements for private property
towing if an exemption decision is in effect and states an
alternative requirement in relation to the storing of motor
vehicles, see section 90.
(2)
The holder of the driver accreditation must not
tow the motor vehicle to a location other than the authorised
holding yard for the operator accreditation that is nearest to the
private property and has capacity to store the motor vehicle.
Maximum penalty—50 penalty units.
(3)
The holder of the driver accreditation must tow
the motor vehicle to the authorised holding yard under subsection (2)—
(a)
as soon as practicable after leaving
the private property; and
(b)
using the route that—
(i)
is the most direct by road;
or
(ii)
the holder reasonably
considers will enable the holder to safely reach
the authorised holding yard in the shortest amount
of time.
Maximum penalty—20 penalty units.
62
Requests
for copies of private property towing consents
(1)
This section applies if—
(a)
the holder of a driver
accreditation—
(i)
operates a tow
truck to tow the motor vehicle from the private
property; or
(ii)
releases the motor
vehicle to the owner of the vehicle under section 57, 58 or 59; and
(b)
the owner of the motor
vehicle asks either of the following persons for a copy
of the private property towing consent for the private
property—
(i)
the holder of the driver
accreditation;
(ii)
the holder of the operator
accreditation under which the holder of the driver
accreditation is acting; and
(c)
the private property towing consent
for the private property is in effect or has stopped
having effect within the last 2 years.
(2)
The holder of the operator accreditation must, as
soon as practicable but no later than 2 business days after the day
the request is made, give the owner of the motor vehicle a copy of
the private property towing consent.
Maximum penalty—30 penalty units.
(3)
The holder of the operator accreditation does not
commit an offence against subsection (2) if the holder has a
reasonable excuse.
Part 8
Provisions
relating to storage of towed motor vehicles and movable property
63
Security of
authorised holding yards
The holder of an operator accreditation must not use
an authorised holding yard for the accreditation to store a motor
vehicle towed under the accreditation, or movable property inside the
vehicle, unless the holding yard—
(a)
is enclosed by a prescribed fence that is
structurally sound and has lockable gates and doors;
or
(b)
has a barrier that is sufficient to
prevent—
(i)
unauthorised persons from
entering the holding yard; and
(ii)
the unauthorised removal of
motor vehicles and property from the holding
yard.
Maximum penalty—50 penalty units.
64
Requirements relating to gates and doors
(1)
This section applies if an authorised holding yard
for an operator accreditation is enclosed by—
(a)
a prescribed fence; or
(b)
another barrier for preventing entry
to the holding yard.
(2)
The holder of the operator accreditation must
ensure that each gate or door in the prescribed fence or other
barrier is kept closed and securely locked at all times other than
when a person or motor vehicle is moving through the gate or
door.
Maximum penalty—50 penalty units.
(3)
However, subsection (2) does not apply to the
holder of the operator accreditation (the first holder) if—
(a)
the authorised holding yard is also an
authorised holding yard for another operator
accreditation; and
(b)
the first holder is not an owner or
lessee of the holding yard or, if the first holder is a
partnership, a partner in the partnership is not an
owner or lessee of the holding yard.
(4)
In a proceeding for an offence against subsection (2), it is a defence for
the holder of the operator accreditation to prove that, at the time
of the offence, damage to the gate or door, or to the prescribed
fence or other barrier, prevented the gate or door from being kept
closed and securely locked.
65
Damage to
or removal of prescribed fence or other barrier
(1)
This section applies if—
(a)
an authorised holding yard for an
operator accreditation is enclosed by—
(i)
a prescribed fence; or
(ii)
another barrier for
preventing entry to the holding yard; and
(b)
any of the following things are
damaged or removed—
(i)
the prescribed fence or
other barrier;
(ii)
a gate or door in the
prescribed fence or other barrier.
(2)
The holder of the operator accreditation must
ensure the damaged or removed thing is repaired or replaced as soon
as possible.
Maximum penalty—50 penalty units.
(3)
However, subsection (2) does not apply to the
holder of the operator accreditation (the first holder) if—
(a)
the authorised holding yard is also an
authorised holding yard for another operator
accreditation; and
(b)
the first holder is not an owner or
lessee of the holding yard or, if the first holder is a
partnership, a partner in the partnership is not an
owner or lessee of the holding yard.
66
Requirements relating to found property
(1)
This section applies if a motor vehicle is towed
under an operator accreditation to an authorised holding yard for
the accreditation.
(2)
The holder of the operator accreditation
must—
(a)
ensure that a written inventory of
found property for the motor vehicle is made as soon as
practicable, but no later than 24 hours, after the motor
vehicle arrives at the authorised holding yard;
and
(b)
take all reasonable steps to ensure
that the found property for the motor vehicle is kept at
the authorised holding yard—
(i)
in a way that prevents the
property from being damaged, lost or stolen;
and
(ii)
until the property is
returned to the vehicle’s owner or the owner’s
agent.
Maximum penalty—40 penalty units.
(3)
The holder of the operator accreditation must keep
an inventory made under subsection (2)(a) for at least 2 years from the day the
inventory is made.
Maximum penalty—30 penalty units.
(4)
The inventory—
(a)
must state the day it is made;
and
(b)
may be kept in hard copy or electronic
form.
(5)
The holder of the operator accreditation does not
commit an offence against subsection (3) if the holder has a
reasonable excuse.
(6)
In this section—
found property, in relation
to a motor vehicle that has been towed to an authorised
holding yard for an operator accreditation, means—
(a)
if the vehicle is
unlocked—movable property found in the vehicle
when the vehicle arrives at the holding yard;
or
(b)
otherwise—movable property
inside the vehicle that is visible from outside
the vehicle when the vehicle arrives at the
holding yard.
67
Releasing
motor vehicles stored in authorised holding yards—Act, s 60
For section 60(2) of the Act, the holder of an
operator accreditation must comply with a request to release a motor
vehicle made to the holder under section 60(1) of the Act—
(a)
as soon as practicable, but no later than
4 business hours, after the request is made; and
(b)
by ensuring the vehicle is moved to an
accessible position at an entrance to the authorised holding
yard for the accreditation in which the vehicle is
stored.
Part 9
Charges
Division 1
Preliminary
68
Definitions for part
In this part—
non-chargeable activity
means—
(a)
responding to a request—
(i)
to tow a motor vehicle;
or
(ii)
to attend the scene of an
incident, a place at which a motor vehicle has
been seized or a private property; or
(b)
travelling to the scene of an
incident, a place at which a motor vehicle has
been seized or a private property; or
(c)
taking steps to find the owner
of a motor vehicle; or
(d)
using a device on a tow truck
to lift, load or move a motor vehicle; or
(e)
taking or producing
photographs; or
(f)
storing movable property that
is inside a motor vehicle; or
(g)
allowing the owner of a motor
vehicle stored in a holding yard or the owner’s
agent—
(i)
to view or have access to
the vehicle during business hours; or
(ii)
to take property from the
vehicle during business hours; or
(h)
moving a motor vehicle stored
in a holding yard within the yard or to an
entrance to the yard; or
(i)
releasing a motor vehicle from
a holding yard during business hours; or
(j)
administrative tasks,
including preparing and sending a document or
information.
Examples of documents for paragraph (j)—
a record made under section 25 or an
inventory made under section 66
non-chargeable matter
means—
(a)
fuel costs relating to the
operation of a tow truck; or
(b)
time spent by a person at the
scene of an incident, a place at which a motor
vehicle has been seized or a private property,
other than working time; or
(c)
the purchase of tools or
equipment; or
(d)
the attendance at the scene of
an incident, a place at which a motor vehicle has
been seized or a private property of more than 2
persons to operate, or assist with the operation
of, a tow truck; or
(e)
the attendance at the scene of
an incident, a place at which a motor vehicle has
been seized or a private property of a tow truck
if the tow truck is not used to move a motor
vehicle from the scene, place or property.
working time means—
(a)
in relation to a motor vehicle
damaged in an incident in a regulated area—time
spent at the scene of the incident, after an
authorising person for the vehicle has given a
towing authority for the vehicle—
(i)
preparing the vehicle for
towing; and
(ii)
cleaning the scene; or
(b)
in relation to a motor vehicle
seized in a regulated area—time spent at the place
of seizure, after an authorising person for the
vehicle has given a towing authority for the
vehicle, preparing the vehicle for towing;
or
(c)
in relation to a motor vehicle
to which part 7 applies—time
spent on the private property on which the vehicle
is parked—
(i)
taking reasonable steps to
find the owner of the vehicle; and
(ii)
preparing the vehicle for
towing.
Division 2
Charges
relating to towed motor vehicles
69
Application of division
This division applies in relation to—
(a)
a motor vehicle damaged in an incident
in a regulated area that is towed by a tow truck from
the scene of the incident to another location; or
(b)
a motor vehicle seized in a regulated
area that is towed by a tow truck from the place of
seizure to another location; or
(c)
a motor vehicle parked on private
property in a regulated area that is towed by a tow
truck from the property to another location if the owner
of the vehicle did not expressly request or direct the
towing of the vehicle from the property.
70
Restriction on charges that may be imposed
(1)
A person must not charge an amount in relation
to the towing, storage, viewing or accessing of the motor
vehicle, or the taking of property from the vehicle, other
than—
(a)
a towing charge under section 71; or
(b)
a storage charge under section 72 or 73; or
(c)
a viewing charge under section 74.
Maximum penalty—50 penalty units.
(2)
A person must not charge an amount in relation
to the release of the motor vehicle from the location to which
it has been towed other than a release charge under section 75.
Maximum penalty—50 penalty units.
(3)
To remove any doubt, it is declared that a
cancellation fee is not an amount in relation to—
(a)
the towing, storage, viewing or
accessing of a motor vehicle; or
(b)
the taking of property from a
motor vehicle; or
(c)
the release of a motor vehicle
from the location to which it has been towed.
(4)
In this section—
cancellation fee means
an amount charged to a person for failing to attend an
appointment outside business hours to view, access, take
property from or retrieve a motor vehicle.
71
Towing
charges
(1)
The holder of the operator accreditation under
which the motor vehicle is towed may charge the owner of the
vehicle an amount for the towing of the vehicle to the location
(a towing charge).
(2)
The towing charge must not include an amount
for a non-chargeable activity or non-chargeable matter.
(3)
Also, the towing charge, inclusive of GST,
must not exceed the following amounts—
(a)
if the motor vehicle is a vehicle
mentioned in section 69(a) and the towing involves
not more than 1 hour working time at the scene of
the incident—the amount stated in schedule 2, part 1;
(b)
if the motor vehicle is a vehicle
mentioned in section 69(c) and the towing involves
not more than 1 hour working time at the private
property—the amount stated in schedule 2, part 2, division 1;
(c)
if paragraphs (a) and
(b) do not apply—an amount
that is reasonable and justifiable having regard to
the circumstances of the towing.
(4)
However, subsection (1) does not apply if
the towing of the motor vehicle to the location contravenes
section 52(2), 61(2) or 90(2).
72
Storage
charges—damaged and seized motor vehicles
(1)
This section applies if—
(a)
the motor vehicle is a vehicle
mentioned in section 69(a) or (b); and
(b)
the vehicle is towed to an
authorised holding yard for an operator
accreditation.
(2)
Subject to section 76, the holder of the
operator accreditation may charge the owner of the motor vehicle
an amount for storing the vehicle in the authorised holding yard
(a storage charge).
(3)
Before charging the storage charge, the holder
of the operator accreditation must give the owner of the motor
vehicle, or the owner’s agent, a notice stating—
(a)
that the holder intends to charge
the owner a storage charge for each day the vehicle
is stored in the authorised holding yard after the
stated day; and
(b)
that the charge is calculated
using a daily rate; and
(c)
the amount of the daily
rate.
Maximum penalty—50 penalty
units.
(4)
For subsection (3)(a), the stated day must be at least
2 days after the day the notice is given.
(5)
The notice may be given in hard copy or
electronically by email or text message.
(6)
The storage charge—
(a)
must be calculated using the daily
rate stated in the notice under subsection (3)(c); and
(b)
must not include an amount
for—
(i)
a non-chargeable activity or
non-chargeable matter; or
(ii)
storing the motor vehicle on
or before the stated day; or
(iii)
if the vehicle is a vehicle
mentioned in section 69(a) and the towing involved
not more than 1 hour working time at the scene of
the incident—the first 72 hours the motor vehicle
is stored in the authorised holding yard.
73
Storage
charges—private property towing
(1)
This section applies if—
(a)
the motor vehicle is a vehicle
mentioned in section 69(c); and
(b)
the vehicle is towed to an
authorised holding yard for an operator
accreditation.
(2)
Subject to section 76, the holder of the
operator accreditation may charge the owner of the motor vehicle
an amount for storing the vehicle in the authorised holding yard
(a storage charge).
(3)
The storage charge must not include an
amount—
(a)
for a non-chargeable activity or
non-chargeable matter; or
(b)
if the towing involved not more
than 1 hour working time at the private property—for
the first 72 hours the motor vehicle is stored in
the authorised holding yard.
(4)
Also, the storage charge, inclusive of GST,
must not exceed the amount stated in schedule 2, part 2, division 2.
74
Viewing
charges
(1)
This section applies if—
(a)
the motor vehicle is towed to an
authorised holding yard for an operator
accreditation; and
(b)
the holder of the operator
accreditation allows the owner of the motor vehicle
or the owner’s agent—
(i)
to view or have access to
the vehicle outside business hours; or
(ii)
to take property from the
vehicle outside business hours.
(2)
Subject to section 76, the holder of the
operator accreditation may charge the owner of the motor
vehicle, or the owner’s agent, an amount for viewing, accessing
or taking property from the vehicle (a viewing charge).
(3)
Before the owner of the motor vehicle or the
owner’s agent views, accesses or takes property from the
vehicle, the holder of the operator accreditation must give the
owner or the owner’s agent a notice stating the amount of the
viewing charge.
Maximum penalty—50 penalty units.
(4)
The notice may be given in hard copy or
electronically by email or text message.
(5)
The viewing charge must not include an amount
for a non-chargeable activity or non-chargeable matter.
75
Release
charges
(1)
This section applies if the motor
vehicle—
(a)
is towed to an authorised holding
yard for an operator accreditation; and
(b)
is released from the authorised
holding yard to its owner, or the owner’s agent,
outside business hours.
(2)
Subject to section 76, the holder of the
operator accreditation may charge the owner of the motor
vehicle, or the owner’s agent, an amount for releasing the
vehicle (a release charge).
(3)
Before the motor vehicle is released to its
owner or the owner’s agent, the holder of the operator
accreditation must give the owner or the owner’s agent a notice
stating the amount of the release charge.
Maximum penalty—50 penalty units.
(4)
The notice may be given in hard copy or
electronically by email or text message.
(5)
The release charge must not include an amount
for a non-chargeable activity or non-chargeable matter.
76
When
particular charges can not be imposed
(1)
The holder of an operator accreditation can
not charge a storage charge for storing a motor vehicle in an
authorised holding yard for the accreditation if—
(a)
the storage contravenes section 56(1) or 135 of the
Act; or
(b)
the holding yard is also an
authorised holding yard for another operator
accreditation and the holder of the other operator
accreditation has charged a storage charge for
storing the vehicle in the holding yard.
(2)
The holder of an operator accreditation can
not charge a viewing charge for viewing, accessing or taking
property from a motor vehicle stored in an authorised holding
yard for the accreditation if—
(a)
the storage contravenes section 56(1) or 135 of the
Act; or
(b)
the holding yard is also an
authorised holding yard for another operator
accreditation and the holder of the other operator
accreditation has charged a viewing charge in
relation to the viewing or accessing of, or the
taking of property from, the vehicle.
(3)
The holder of an operator accreditation can
not charge a release charge for releasing a motor vehicle from
an authorised holding yard for the accreditation if—
(a)
the storage of the vehicle in the
holding yard contravenes section 56(1) or 135 of the
Act; or
(b)
the holding yard is also an
authorised holding yard for another operator
accreditation and the holder of the other operator
accreditation has charged a release charge in
relation to the release of the vehicle.
Division 3
On-site
release charges
77
Application of division
This division applies in relation to a motor
vehicle parked on private property in a regulated area if the owner
of the vehicle has not expressly requested or directed the towing of
the vehicle from the property.
78
Restriction on charging for release of motor vehicles
A person must not charge the owner of the motor
vehicle an amount in relation to the release of the vehicle before
the vehicle is moved from the private property by a tow truck, other
than an on-site release charge under section 79.
Maximum penalty—50 penalty units.
79
On-site
release charges
(1)
This section applies if—
(a)
the holder of a driver
accreditation has lifted or loaded the motor vehicle
onto a tow truck, and done everything necessary to
secure the vehicle to the tow truck, in preparation
for moving the vehicle from the private property;
and
(b)
a private property towing consent
is in effect for the property and relates to an
arrangement between—
(i)
the occupier of the
property; and
(ii)
the holder of the operator
accreditation under which the holder of the driver
accreditation is acting (the relevant operator
accreditation); and
(c)
the vehicle has not been moved
from the private property; and
(d)
the owner of the vehicle is
present and has agreed to move the vehicle from the
private property within a reasonable time.
(2)
The holder of the relevant operator
accreditation may charge the owner of the motor vehicle an
amount for the release of the vehicle (an on-site release charge).
(3)
The on-site release charge must not include an
amount for a non-chargeable activity or non-chargeable
matter.
(4)
Also, the on-site release charge, inclusive of
GST, must not exceed the amount stated in schedule 2, part 2, division 3.
Division 4
Records
about charges
80
Requirement to keep records relating to charges
(1)
This section applies if the holder of an
operator accreditation charges a person a towing charge, storage
charge, viewing charge, release charge or on-site release charge
under this part.
(2)
The holder must record the following matters
within 24 hours after the charge is imposed—
(a)
the make, and registration or
other identification number, of the motor vehicle to
which the charge relates;
(b)
the amount of the charge;
(c)
the day the charge was
imposed;
(d)
if the charge is a towing charge
to which section 71(3)(c) applies—
(i)
the reasons why the holder
considers the amount of the charge is reasonable
and justifiable having regard to the circumstances
of the towing; and
(ii)
a description of any
material relied on by the holder in deciding the
amount of the towing charge.
Examples of material—
•
photographs taken at the
scene of an incident
•
receipts for payments made
by the holder to a crane operator for the lifting
of a motor vehicle damaged in an incident
Maximum penalty—20 penalty units.
(3)
The record—
(a)
must state the day the record is
made; and
(b)
may be kept in hard copy or
electronic form.
(4)
The holder must keep the record for at least 2
years from the day the record is made unless the holder has a
reasonable excuse.
Maximum penalty—20 penalty
units.
81
Requirements relating to particular towing charges
(1)
This section applies if the holder of an
operator accreditation records, under section 80(2), a towing charge to which section 71(3)(c) applies.
(2)
If the record describes material relied on by
the holder in deciding the amount of the towing charge, the
holder must keep the material for at least the period—
(a)
starting on the day the material
is made; and
(b)
ending on the day that is 2 years
after the day the record is made.
Maximum penalty—20 penalty units.
(3)
The material may be kept in hard copy or
electronic form.
(4)
Subsection (5) applies if the
owner of the motor vehicle to which the towing charge relates
asks the holder for a copy of—
(a)
the record; or
(b)
material relating to the towing
charge kept by the holder under subsection (2).
(5)
The holder must, as soon as practicable but no
later than 2 business days after the day the request is made,
comply with the request.
Maximum penalty—20 penalty
units.
(6)
The holder does not commit an offence against
subsection (2) or (5) if the holder has a reasonable
excuse.
Part 10
Offences
82
Definitions
for part
In this part—
consideration includes any of
the following—
(a)
money;
(b)
a loan;
(c)
an office, position or employment;
(d)
a commission;
(e)
a rebate;
(f)
payment in excess of the actual
value of goods or a service;
(g)
a deduction or percentage;
(h)
a bonus or discount;
(i)
forbearance to demand money or
another thing;
(j)
any other benefit or
advantage.
give, in relation to
consideration, includes agree or offer to give.
receive, in relation to
consideration, includes agree or offer to receive.
83
Possessing
another person’s accreditation document for driver accreditation or
assistant accreditation
(1)
A person must not, with intent to deceive someone
else, possess another person’s accreditation document for a driver
accreditation or an assistant accreditation or a part of the
document.
Maximum penalty—40 penalty units.
(2)
A person must not give the person’s accreditation
document for a driver accreditation or an assistant accreditation,
or a part of the document, to another person if the person knows, or
ought reasonably to know, the other person intends to use the
document or part to deceive someone else.
Maximum penalty—40 penalty units.
(3)
For this section, it is irrelevant whether the
intention to deceive relates to a person who is known or unknown, or
who exists or does not exist.
84
Documents
purporting to be accreditation document for driver accreditation or
assistant accreditation
(1)
A person must not possess a document that
resembles an accreditation document for a driver accreditation or an
assistant accreditation, or a part of the accreditation document,
and is calculated to deceive someone.
Maximum penalty—40 penalty units.
(2)
A person must not give another person a document
that resembles an accreditation document for a driver accreditation
or an assistant accreditation, or a part of the accreditation
document, and is calculated to deceive someone.
Maximum penalty—40 penalty units.
(3)
For this section, it is irrelevant whether the
intention to deceive relates to a person who is known or unknown, or
who exists or does not exist.
85
Damaging or
altering particular documents
A person must not wilfully damage or alter—
(a)
an accreditation document for an
accreditation that is in effect, including any part of the
document; or
(b)
a document that the holder of an operator
accreditation must keep under section 24(1)(b) to (f); or
(c)
a document that the holder of an operator
accreditation must keep under section 24(1)(g) or (h).
Maximum penalty—
(a)
for paragraphs (a) and
(b)—20 penalty units;
or
(b)
for paragraph (c)—30 penalty
units.
86
Giving and
receiving consideration for the purpose of obtaining towing
authorities
(1)
The holder of an accreditation must not, for the
purpose of enabling a person to obtain a towing authority for a
motor vehicle, give consideration to the authorising person for the
vehicle.
Maximum penalty—40 penalty units.
(2)
The holder of an accreditation must not, for the
purpose of enabling a person to obtain a towing authority for a
motor vehicle, give consideration to another person in exchange for
the giving of information or advice about the following
matters—
(a)
the occurrence of an incident, or the
seizure of a motor vehicle, in a regulated area;
(b)
the presence on or near a road in a
regulated area of a motor vehicle damaged in an
incident;
(c)
the presence on a road in a regulated
area of a seized motor vehicle.
Maximum penalty—40 penalty units.
(3)
A person must not, for the purpose of enabling
another person to obtain a towing authority for a motor vehicle,
receive consideration from the holder of an accreditation in
exchange for the giving of information or advice about a matter
mentioned in subsection (2).
Maximum penalty—30 penalty units.
87
Giving and
receiving consideration for the purpose of obtaining particular work or
business
(1)
A person must not give consideration to the holder
of an accreditation for the purpose of obtaining, for the person or
someone else, work or business in the following fields—
(a)
vehicle repairs;
(b)
vehicle insurance, including assisting
with claims for vehicle insurance;
(c)
the hiring, purchasing or lending of
vehicles;
(d)
legal services.
Maximum penalty—40 penalty units.
(2)
The holder of an accreditation must not receive
consideration from a person for the purpose of obtaining, for the
person or someone else, work or business in a field mentioned in
subsection (1).
Maximum penalty—40 penalty units.
Part 11
Exemption
decisions
Division 1
General
88
Application of division
This division applies if—
(a)
an exemption decision is in effect for
an operator accreditation; and
(b)
an alternative requirement in the
exemption decision states premises at which motor
vehicles towed under the operator accreditation must be
stored.
89
Application of particular provisions
The following provisions apply in relation to the
operator accreditation as if the stated premises were an authorised
holding yard for the accreditation—
(a)
section 25(6), definition prescribed particulars,
paragraph (b)(ix);
(b)
section 66;
(c)
sections 72 to 76;
(d)
schedule 2.
90
Requirements for private property towing
(1)
This section applies if—
(a)
the holder of a driver
accreditation operates a tow truck to tow a motor
vehicle in relation to which part 7 applies from
the private property on which the vehicle is parked;
and
(b)
the holder of the driver
accreditation is acting under the operator
accreditation.
(2)
The holder of the driver accreditation must
not tow the motor vehicle to a location other than the stated
premises.
Maximum penalty—50 penalty units.
(3)
The holder of the driver accreditation must
tow the motor vehicle to the stated premises—
(a)
as soon as practicable after
leaving the private property; and
(b)
using the route that—
(i)
is the most direct by road;
or
(ii)
the holder reasonably
considers will enable the holder to safely reach
the stated premises in the shortest amount of
time.
Maximum penalty—20 penalty
units.
Division 2
Revocation of exemption decisions on request
91
Revocation of exemption decisions on request
(1)
The holder of an operator accreditation may,
by notice given to the chief executive, ask the chief executive
to revoke an exemption decision for the accreditation.
(2)
On receiving the request, the chief executive
must—
(a)
revoke the exemption decision;
and
(b)
give the holder notice of the
revocation.
(3)
The revocation takes effect on the day the
notice under subsection (2)(b) is given or a later day stated in
the notice.
Division 3
Revocation of exemption decisions by chief executive
92
Chief
executive may revoke exemption decisions
The chief executive may revoke an exemption
decision for an operator accreditation if satisfied—
(a)
the decision was made in error;
or
(b)
the decision was obtained because of
materially incorrect or misleading information or
documents; or
(c)
public safety may be endangered if the
decision continues to have effect; or
(d)
it is not otherwise in the public
interest for the decision to continue to have
effect.
93
Notice
of proposed revocation
(1)
Before revoking the exemption decision, the
chief executive must give the holder of the operator
accreditation notice of the proposed revocation (the proposed revocation
notice).
(2)
The notice must state the following—
(a)
the ground for the proposed
revocation;
(b)
an outline of the facts and
circumstances forming the basis for the
ground;
(c)
that the holder of the operator
accreditation may, within a stated period, make
representations to the chief executive to show why
the exemption decision should not be revoked.
(3)
For subsection (2)(c), the stated period must end at
least 28 days after the day the proposed revocation notice is
given to the holder of the operator accreditation.
(4)
The chief executive may, by notice given to
the holder of the operator accreditation, extend the period
under subsection (2)(c) before or after the end of the
period.
94
Representations about proposed revocation
(1)
The holder of the operator accreditation may
make representations to the chief executive about the proposed
revocation notice within the representation period.
(2)
The chief executive must consider any
representations made to the chief executive within the
representation period.
95
Notice
if no further action to be taken
(1)
This section applies if, after considering any
representations made to the chief executive within the
representation period, the chief executive no longer considers a
ground exists to revoke the exemption decision.
(2)
The chief executive must—
(a)
take no further action about the
proposed revocation notice; and
(b)
give the holder of the operator
accreditation notice that no further action is to be
taken about the proposed revocation notice.
96
Revoking exemption decisions
(1)
This section applies if, after considering any
representations made to the chief executive within the
representation period, the chief executive still considers a
ground exists to revoke the exemption decision.
(2)
The chief executive may, by notice given to
the holder of the operator accreditation (a revocation notice), revoke the
exemption decision.
(3)
The revocation notice must be accompanied by
an information notice for the decision to revoke the exemption
decision.
(4)
The revocation takes effect on the day the
revocation notice is given or a later day stated in the
notice.
Part 12
Temporary
holding yards
97
Definition
for part
In this part—
event see the Disaster Management Act 2003, section 16.
98
Applications for approval of temporary holding yards
(1)
The holder of an operator accreditation may apply
to the chief executive for approval of premises as a temporary
holding yard for the accreditation.
(2)
The application must state—
(a)
the reasons the approval is being
sought; and
(b)
the premises proposed to be used as
the temporary holding yard and the current use of the
premises; and
(c)
the measures in place or proposed for
preventing—
(i)
unauthorised persons from
entering the temporary holding yard; and
(ii)
the unauthorised removal of
motor vehicles and property from the temporary
holding yard.
Note—
For other requirements in relation to the
application, see part 2, division 2.
99
Deciding
applications
(1)
The chief executive must consider the application
and decide to—
(a)
approve the application with or
without conditions; or
(b)
refuse the application.
(2)
However, the chief executive may approve the
application only if an authorised holding yard for the operator
accreditation can not be used, or safely used, due to the effects of
an event.
(3)
In deciding the application, the chief
executive—
(a)
must consider whether the measures
stated in the application under section 98(2)(c) are sufficient for
preventing the things mentioned in that section;
and
(b)
may consider any other matter the
chief executive considers relevant.
100
Notice of
decision
(1)
If the chief executive decides to give the
temporary holding yard approval, the chief executive must give the
applicant notice of the decision.
(2)
The notice must state—
(a)
the period the approval has effect;
and
(b)
any conditions imposed on the
approval.
(3)
If the chief executive decides to refuse the
application, or approves the application subject to conditions, the
chief executive must give the applicant an information notice for
the decision.
101
Period of
temporary holding yard approvals
A temporary holding yard approval—
(a)
takes effect on the day notice of the
decision is given under section 100(1) or a later day stated in the
notice; and
(b)
has effect for the period stated in the
notice of the decision, including any extension of the
period under section 102 or 103.
102
Chief
executive may extend period of temporary holding yard approvals
(1)
This section applies if—
(a)
a temporary holding yard approval is
in effect for an operator accreditation in relation to
an event; and
(b)
the chief executive is satisfied the
authorised holding yard for the operator accreditation
to which the approval relates still can not be used, or
safely used, due to the effects of the event.
(2)
The chief executive may, on the chief executive’s
own initiative, extend the period of the temporary holding yard
approval by not more than 28 days.
(3)
However, the chief executive can not extend the
period of the temporary holding yard approval under subsection (2) more than once.
(4)
If the chief executive extends the period of the
temporary holding yard approval under subsection (2), the chief executive
must give the holder of the operator accreditation notice of the
extension.
103
Applications to extend period of temporary holding yard approvals
(1)
This section applies if a temporary holding yard
approval is in effect for an operator accreditation in relation to
an event.
(2)
The holder of the operator accreditation may apply
to the chief executive to extend the period of the temporary holding
yard approval by a stated period.
(3)
The application must state the reasons the
extension is being sought.
Note—
For other requirements in relation to the
application, see part 2, division 2.
(4)
The chief executive must decide to—
(a)
extend the period of the temporary
holding yard approval by the period stated in the
application or a shorter period; or
(b)
refuse the application.
(5)
However, the chief executive may extend the period
of the temporary holding yard approval only if satisfied the
authorised holding yard for the operator accreditation to which the
approval relates still can not be used, or safely used, due to the
effects of the event.
(6)
The chief executive must give the holder of the
operator accreditation notice of the decision.
(7)
If the decision is to refuse the application, or
extend the period by a shorter period than stated in the
application, the notice must be an information notice for the
decision.
104
Application of particular provisions if temporary holding yard approval in
effect
(1)
For the period a temporary holding yard approval
is in effect for an operator accreditation, the following provisions
apply in relation to the accreditation as if the temporary holding
yard were an authorised holding yard for the accreditation—
(a)
section 25(6), definition prescribed particulars,
paragraph (b)(ix);
(b)
sections 66 and 67;
(c)
sections 72 to 76;
(d)
schedule 2.
(2)
For the period a temporary holding yard approval
is in effect for an operator accreditation, sections 48(4) and 61 apply in relation to the accreditation
as if a reference in the sections to an authorised holding yard for
the accreditation—
(a)
includes the temporary holding yard;
but
(b)
does not include the authorised
holding yard for the accreditation to which the
temporary holding yard approval relates.
Part 13
Audits
105
Purpose of
part
The purpose of this part is to allow the chief
executive to carry out an audit of the business activities of the holder
of an operator accreditation for the following purposes—
(a)
to assess the holder’s compliance with the
Act in
relation to—
(i)
conducting the authorised tow
truck business for the accreditation; or
(ii)
an authorised holding yard for
the accreditation; or
(iii)
an authorised tow truck for
the accreditation;
(b)
to verify information given to the chief
executive about the holder’s business activities relating to
the authorised tow truck business for the
accreditation.
106
Audit
notices
(1)
The chief executive may give the holder of an
operator accreditation a notice (an audit notice) requiring the holder—
(a)
to allow the chief executive to carry
out, within the stated period, an audit of the holder’s
business activities for a purpose mentioned in section 105; and
(b)
to cooperate with every reasonable
requirement of the chief executive in order to enable
the chief executive to carry out the audit.
(2)
The audit notice must state the following
matters—
(a)
the purpose of the audit;
(b)
the period during which the audit is
to be carried out;
(c)
the way the audit is to be carried
out;
Examples of the ways an audit may be carried
out—
•
in person at a place of
business stated in the operator accreditation or
an authorised holding yard for the operator
accreditation
•
a desktop audit at the chief
executive’s place of work
(d)
that a report about the audit will be
given to the holder.
(3)
The chief executive may give the holder of an
operator accreditation an audit notice as frequently as the chief
executive reasonably requires for a purpose mentioned in section 105.
107
Compliance
with audit notices
If the holder of an operator accreditation is given an
audit notice, the holder must comply with the notice unless the holder
has a reasonable excuse.
Maximum penalty—40 penalty units.
108
Audit
reports
(1)
As soon as practicable after carrying out an audit
in relation to the holder of an operator accreditation, the chief
executive must give the holder a report about the audit.
(2)
The report must state the following matters—
(a)
the name of the person who carried out
the audit;
(b)
the period during which the audit was
carried out;
(c)
each place where the audit was carried
out;
(d)
the findings made by the person who
carried out the audit and the person’s reasons for the
findings.
109
Directions
to comply
(1)
This section applies if an audit report in
relation to the holder of an operator accreditation identifies that
the holder has not complied with a provision of the Act in relation
to—
(a)
conducting the authorised tow truck
business for the accreditation; or
(b)
an authorised holding yard for the
accreditation; or
(c)
an authorised tow truck for the
accreditation.
(2)
The chief executive may, by notice given to the
holder, direct the holder to comply with the provision within a
stated period of at least 5 business days.
(3)
The notice must—
(a)
identify the noncompliance; and
(b)
state that failure to comply with the
direction is a ground for amending, suspending or
cancelling the accreditation under part 3,
division 2 of
the Act.
(4)
The chief executive may, by notice given to the
holder, extend the period mentioned in subsection (2).
Part 14
Fees
110
Fees
(1)
The fees payable under the Act are stated in schedule 3.
(2)
Subsections (3) and (4) apply in relation to a renewal
application to renew an accreditation.
(3)
The fee payable under schedule 3, item 2 or 5 for the
renewal application is the fee in force on 1 July in the financial
year in which the renewal period is taken to start under subsection (4).
(4)
For subsection (3), the renewal period
is taken to start the day after the accreditation would otherwise
stop having effect.
111
Rounding
of amounts expressed as numbers of fee units
(1)
This section applies for working out the amount of
a fee or other matter expressed in this regulation as a number of
fee units.
(2)
For the purposes of the Acts
Interpretation Act 1954, section 48C(3), the amount
is to be rounded to the nearest multiple of 5 cents (rounding
one-half upwards).
Example—
If a fee were 35 fee units and the value
of a fee unit were $1.015, the number of dollars obtained by
multiplying 35 by $1.015 would be $35.525. Because $35.525
is halfway between $35.50 and $35.55, it is rounded upwards,
so the amount of the fee would be $35.55.
112
Adjustment
of fees for particular amendment applications
(1)
This section applies to an amendment application
to amend an operator accreditation to state a motor vehicle as an
authorised tow truck for the accreditation.
(2)
Despite section 110(1) and schedule 3, item 3, the fee payable
for the amendment application is the amount calculated using the
following formula, rounded to the nearest multiple of 5 cents
(rounding one-half upwards)—
where—
F means the fee payable
under schedule 3, item 3 for the
amendment application.
AP means the period of the
operator accreditation or, if the accreditation has been
renewed, the renewal period, expressed in months.
Examples—
1
An operator accreditation is
given for a period of 2 years. The period of the
accreditation, expressed in months, is 24
months.
2
An operator accreditation is
renewed for a period of 3 years. The renewal
period, expressed in months, is 36 months.
RP means the number of
months in the remaining period of the operator
accreditation, rounded up to the nearest whole number.
Example—
An operator accreditation is given
for a period of 2 years starting on 1 July 2025. An
amendment application for the operator accreditation
is made on 10 September 2025. The number of months
in the remaining period of the accreditation,
rounded up to the nearest whole number, is 22.
(3)
For calculating, for subsection (2), the fee payable
under schedule 3, item 3 for the amendment
application, section 111 does not apply.
113
Waiver of
particular fees
The chief executive may waive the payment of a fee, in
relation to requesting a written report under section 138(1) of the Act, that is payable
under schedule 3 for a person.
114
Refund of
particular fees
(1)
This section applies if—
(a)
an application for an accreditation is
made, or the holder of an operator accreditation gives
the chief executive a notice under section 72 of the Act;
and
(b)
the chief executive does not ask the
police commissioner for a written report about a
person’s criminal history under section 138(1)
of the Act
in relation to the application or notice.
(2)
A fee paid under schedule 3, in relation to
requesting a written report for the person under section 138(1) of the
Act, must be
refunded to the applicant or the holder of the operator
accreditation.
Part 15
Miscellaneous
115
Original
decisions—Act, s 123
For section 123 of the Act, definition
original decision, paragraph (b), the following decisions are an
original decision—
(a)
a decision made under section 96 to revoke an
exemption decision;
(b)
a decision made under section 99 to give a
temporary holding yard approval subject to conditions;
(c)
a decision made under section 99 to refuse an
application for a temporary holding yard approval;
(d)
a decision made under section 103 to refuse an
application to extend the period of a temporary holding yard
approval;
(e)
a decision made under section 103 to extend the
period of a temporary holding yard approval by a shorter
period than stated in the application for the
extension.
116
Requests
for criminal history reports—Act, s 138
For section 138(2)(c) of the Act, the following
information is prescribed for a request made under section 138(1) of the Act in relation to a
person—
(a)
the person’s sex;
(b)
details of the person’s Queensland driver
licence;
(c)
details of an accreditation held by the
person.
117
Notice of
change in criminal history—Act, s 139
For section 139(3)(e) of the Act, the sex of the
person to whom the notification relates is prescribed.
118
Confidentiality—Act, s 144
For section 144(1)(a)(v) of the Act, an authorised
person within the meaning of the Transport Planning
and Coordination Regulation 2017, section 9 is prescribed.
119
Prescribed
roads—Act, sch 3
For schedule 3 of
the Act, definition
prescribed road, a road in a regulated area that is
operated by either of the following entities is prescribed to be a
prescribed road—
(a)
Queensland Motorways Holding Pty Limited
ACN 150 265 197;
(b)
QM Assets Pty Limited ACN 165 578
727.
Part 16
Transitional
provisions
120
Definitions for part
In this part—
licence means a licence under
the repealed Act.
repealed regulation means the
repealed Tow Truck
Regulation 2009.
121
Application of s 4
(1)
This section applies in relation to a person if—
(a)
immediately before the commencement,
the person held a driver’s certificate under the
repealed Act; and
(b)
the driver’s certificate is taken to
be a driver accreditation under section 160 of
the Act;
and
(c)
the person continues to hold the
driver accreditation.
(2)
Section 4 does not apply in relation to the
person until 26 August 2025.
122
Existing
applications for replacement documents
(1)
This section applies if—
(a)
before the commencement, a person
applied for a replacement document under the repealed
regulation, section 13(2); and
(b)
immediately before the commencement,
the chief executive had not issued the replacement
document.
(2)
From the commencement, the application is taken to
be an application for a replacement accreditation document made
under section 17.
(3)
Anything done in relation to the application under
the repealed regulation is taken to have been done in relation to
the application under this regulation.
123
Documents
under repealed Act
(1)
Section 24(1)(g) applies in relation to a
towing consent under the repealed Act, other than a towing consent
that stopped having effect more than 1 year before the commencement,
as if the towing consent were a private property towing
consent.
(2)
Section 25(2)(b), (3)(b), (4) and (5) applies
in relation to a record made under the repealed regulation,
section 25(2)(a), other than a record made more than 1 year
before the commencement, as if it were a record made under
section 25(2)(a).
124
Records
about activities carried out before commencement
(1)
This section applies if—
(a)
before the commencement, an activity
mentioned in the repealed regulation, section 25(1)
was carried out under a licence in relation to a motor
vehicle; and
(b)
immediately before the commencement—
(i)
the period for making a
record relating to the motor vehicle under the
repealed regulation, section 25(2)(a) had not
ended; and
(ii)
a record relating to the
motor vehicle had not been made under the
section.
(2)
Section 25 applies in relation to the motor
vehicle as if the activity were carried out under the licence
holder’s operator accreditation.
125
Imposing
charges
(1)
This section applies if, before the commencement—
(a)
a motor vehicle damaged in an incident
in a regulated area was towed from the scene of the
incident under a towing authority under the repealed
Act; or
(b)
a motor vehicle seized in a regulated
area was towed from the place of seizure under a towing
authority under the repealed Act; or
(c)
a motor vehicle was towed from private
property in a regulated area to another location under a
licence.
(2)
The repealed regulation, sections 31 to 34A
and 35(1) continues to apply in relation to the towing, storage,
viewing, accessing and release of the motor vehicle as if the
repealed regulation had not been repealed.
126
Investigating charges under repealed regulation
The repealed regulation, section 36 continues to
apply in relation to a charge imposed under the repealed regulation,
before or after the commencement, for the towing, storage, release or
salvaging of a motor vehicle as if the repealed regulation had not been
repealed.
127
Found
property for motor vehicles towed before commencement
The repealed regulation, section 37(2) continues
to apply in relation to a motor vehicle towed under a licence before the
commencement as if the repealed regulation had not been repealed.
Part 17
Amendment of
other legislation
Division 1
Amendment of Photo Identification Card Regulation 2019
128
Regulation amended
This division amends the Photo
Identification Card Regulation 2019.
129
Amendment of s 6 (Notifiable events under other
Acts)
Section 6(3), definition prescribed smartcard Act, paragraph (a)—
omit, insert—
(a)
the Tow Truck Act 2023;
Division 2
Amendment of Police Powers and Responsibilities Regulation 2012
130
Regulation amended
This division amends the Police Powers
and Responsibilities Regulation 2012.
131
Amendment of sch 2 (Relevant law)
Schedule 2,
‘Tow
Truck Act 1973’—
omit, insert—
Tow Truck Act 2023
Division 3
Amendment of State Penalties Enforcement Regulation 2014
132
Regulation amended
This division amends the State Penalties
Enforcement Regulation 2014.
133
Amendment of sch 1 (Infringement notice
offences and fines for nominated laws)
Schedule 1, entries for
Tow
Truck Act 1973 and Tow Truck
Regulation 2009—
omit, insert—
Tow Truck Act 2023
Column 1
Infringement notice
offence
Column 2
Infringement notice fine
(penalty units)
s 53(2)
(other
than for offering to drive a tow truck)
8
s 53(3)
8
s 54
5
s 55
5
s 56(1)
8
s 58(1)
5
s 59(2)
5
s 60(2)
5
s 61(2)
3
s 64(2)
6
s 65(2)
6
s 66(2)
2
s 67(2)
2
s 68(2)
6
s 77(1)
2
s 77(2)
2
s 78
(other
than for attempting to obtain a towing
authority)
6
s 79
(other
than for attempting to obtain a private property
towing consent)
6
Administering authority
for an infringement notice offence that is an
offence against a provision of the Tow Truck Act 2023,
or an infringement notice about the
offence—the registrar
Authorised person for
service of infringement notices—an authorised
officer under the Tow Truck Act
2023
Tow Truck Regulation 2024
Column 1
Infringement notice
offence
Column 2
Infringement notice fine
(penalty units)
s 24(1)(a)
2
s 24(1)(b)
2
s 24(1)(c)
2
s 24(1)(d)
2
s 24(1)(e)
2
s 24(1)(f)
2
s 24(1)(g)
3
s 24(1)(h)
3
s 24(2)
2
s 25(2)
2
s 25(4)
2
s 26(3)
2
s 27(1)
2
s 30(2)
2
s 31(2)
2
s 32(2)
2
s 33(2)
2
s 36(1)
2
s 37(2)
(other than for attempting
to obtain authority)
2
s 37(4)
(other
than for attempting to obtain authority)
2
s 41(2)
2
s 42(2)
1
s 43(2)
1
s 43(5)
1
s 44(2)
1
s 44(5)
1
s 47(2)
2
s 48(2)
for a
contravention of s 48(2)(a) that involves directly
obtaining the authorising person’s signature on,
or approval of, a towing authority
4
s 49(2)
3
s 50(2)
4
s 51(2)
4
s 52(2)
5
s 53(2)
for a
contravention that involves directly obtaining a
towing authority
2
s 55(2)
3
s 58(4)
5
s 60(2)
4
s 62(2)
3
s 63
5
s 64(2)
5
s 66(3)
3
s 70(1)
5
s 70(2)
5
s 72(3)
5
s 74(3)
5
s 75(3)
5
s 78
5
s 80(2)
2
s 80(4)
2
s 81(2)
2
s 81(5)
2
Administering authority
for an infringement notice offence that is an
offence against a provision of the Tow Truck Regulation
2024, or an infringement notice
about the offence—the registrar
Authorised person for
service of infringement notices—an authorised
officer under the Tow Truck Act
2023
Division 4
Amendment of Transport Operations (Marine Safety) Regulation 2016
134
Regulation amended
This division amends the Transport
Operations (Marine Safety) Regulation
2016.
135
Amendment of s 153 (Notifiable events under other Acts)
Section 153(3), definition prescribed smartcard
Act, paragraph (b)—
omit, insert—
(b)
the Tow Truck Act 2023;
Division 5
Amendment of Transport Operations (Passenger Transport) Regulation
2018
136
Regulation amended
This division amends the Transport
Operations (Passenger Transport) Regulation
2018.
137
Amendment of s 62 (Notifiable events under other Acts)
Section 62(3), definition prescribed smartcard
Act, paragraph (b)—
omit, insert—
(b)
the Tow Truck Act 2023;
or
Division 6
Amendment of Transport Operations (Road Use Management—Accreditation and
Other Provisions) Regulation 2015
138
Regulation amended
This division amends the Transport
Operations (Road Use Management—Accreditation and Other
Provisions) Regulation 2015.
139
Amendment of s 65 (Notifiable events under other Acts)
Section 65(3), definition prescribed smartcard
Act, paragraph (b)—
omit, insert—
(b)
the Tow Truck Act 2023;
140
Replacement of s 135 (Transport Acts prescribed—Act, sch 4,
definition transport Act, paragraph (b))
Section 135—
omit, insert—
135
Transport
Acts—Act, sch 4
For schedule 4 of the Act, definition
transport Act, paragraph
(b), the Transport Infrastructure Act
1994, section 46 is
prescribed.
Division 7
Amendment of Transport Operations (Road Use Management—Dangerous Goods)
Regulation 2018
141
Regulation amended
This division amends the Transport
Operations (Road Use Management—Dangerous Goods) Regulation
2018.
142
Amendment of s 230 (Notifiable events under other Acts)
Section 230(3), definition prescribed smartcard
Act, paragraph (b)—
omit, insert—
(b)
the Tow Truck Act
2023;
Division 8
Amendment of Transport Operations (Road Use Management—Driver Licensing)
Regulation 2021
143
Regulation amended
This division amends the Transport
Operations (Road Use Management—Driver Licensing) Regulation
2021.
144
Amendment of s 252 (Towing motor vehicles)
(1)
Section 252(3)—
omit, insert—
(3)
Subsection (2) does not apply to a
person who is the holder of a driver accreditation
under the Tow Truck Act 2023
if the person is towing a motor vehicle under the
accreditation.
(2)
Section 252(4), definition tow
truck—
omit.
145
Amendment of s 364 (Notifiable events under other Acts)
Section 364(3), definition prescribed smartcard
Act, paragraph (b)—
omit, insert—
(b)
the Tow Truck Act
2023;
Division 9
Amendment of Transport Operations (Road Use Management—Vehicle Standards
and Safety) Regulation 2021
146
Regulation amended
This division amends the Transport
Operations (Road Use Management—Vehicle Standards and
Safety) Regulation 2021.
147
Amendment of s 70 (What is a COI
vehicle)
Section 70(1)(b)(iii)—
omit, insert—
(iii)
an authorised tow truck for an
operator accreditation under the Tow Truck Act
2023.
Division 10
Amendment of Transport Planning and Coordination Regulation 2017
148
Regulation amended
This division amends the Transport
Planning and Coordination Regulation
2017.
149
Amendment of s 4 (Definitions for part)
Section 4, definition transport authority
Act, paragraph (a)—
omit, insert—
(a)
the Tow Truck Act
2023;
150
Amendment of s 5 (Transport authority—Act, s 36G)
Section 5(a)—
omit, insert—
(a)
a driver accreditation or an
assistant accreditation under the Tow Truck Act
2023;
151
Amendment of s 10 (Operation and application of
division)
Section 10(1)(c)—
omit, insert—
(c)
the Tow Truck Act 2023,
section 144(3)(a)(ii);
152
Amendment of s 11 (Authorised officers—Act, s 28EG)
Section 11(a), ‘certificate under the Tow
Truck Act 1973’—
omit, insert—
accreditation under the Tow Truck Act
2023
153
Amendment of s 12A
(Prescribed authorisation Acts—Act, sch 1)
Section 12A(c)—
omit, insert—
(c)
the Tow Truck Act
2023;
154
Amendment of s 12B
(Prescribed authorities—Act, sch 1)
Section 12B(c)—
omit, insert—
(c)
a driver accreditation or an
assistant accreditation, or an accreditation
document for a driver accreditation or an assistant
accreditation, under the Tow Truck Act
2023;
155
Amendment of s 13 (Transport Acts—Act, sch 1)
Section 13(m)—
omit, insert—
(m)
the Tow Truck Act
2023;
Schedule 1
Classification of
and requirements for tow trucks
sections 10(3),
28, 29,
34 and 41(2)
Part 1
Preliminary
1
Definitions for schedule
In this schedule—
GCM (gross combination mass) see
the Transport
Operations (Road Use Management—Vehicle Standards and
Safety) Regulation 2021, schedule 4.
GVM (gross vehicle mass), of a
vehicle, see the Transport Operations (Road Use Management) Act
1995, schedule 4.
load capacity, of a tow truck,
means the difference between the maximum loaded mass of the tow
truck and its tare.
maximum loaded mass, of a motor
vehicle, means—
(a)
for a motor vehicle with a GVM of
not more than 4.5t—the vehicle’s GVM; or
(b)
otherwise—the lesser of the
following—
(i)
the vehicle’s GVM or, if the
vehicle has a GCM, the GCM;
(ii)
the mass of the vehicle or
combination and any load on it as permitted under
the Heavy Vehicle National Law (Queensland).
tare, of a tow truck, means the
weight of the tow truck equipped for travelling on a road, but
not including a load on the tow truck.
tray or platform tow truck means
a tow truck that—
(a)
has a fixed or tilting platform,
or a fixed or tilting tray, attached to the truck
for carrying motor vehicles; and
(b)
is fitted with a winch for loading
motor vehicles onto the platform or tray.
Part 2
Classification of tow trucks
2
Classification of tray or platform tow trucks
(1)
This section states the classification of a tow
truck that is a tray or platform tow truck.
(2)
The tow truck is classified as a class 1T tow
truck if it has a load capacity of at least 2.4t but less than
5.5t.
(3)
The tow truck is classified as a class 2T tow
truck if it has a load capacity of at least 5.5t but less than
11t.
(4)
The tow truck is classified as a class 3T tow
truck if it has a load capacity of at least 11t but less than
16t.
(5)
The tow truck is classified as a class 4T tow
truck if it has a load capacity of at least 16t.
(6)
The tow truck is classified as a class 5T tow
truck if it has a load capacity of at least 300kg but not more than
1t.
3
Classification of tow trucks other than tray or platform tow
trucks
(1)
This section states the classification of a tow
truck that is not a tray or platform tow truck.
(2)
The tow truck is classified as a class 1 tow truck
if it—
(a)
has a load capacity of at least 1.2t;
and
(b)
is equipped with a crane or hoist that
has a safe working load of at least 1t.
(3)
The tow truck is classified as a class 2 tow truck
if it—
(a)
has a load capacity of at least 3t;
and
(b)
is equipped with a crane or hoist that
has a safe working load of at least 2.5t.
(4)
The tow truck is classified as a class 3 tow truck
if it—
(a)
has a load capacity of at least 6t;
and
(b)
is equipped with a crane or hoist that
has a safe working load of at least 5t.
(5)
The tow truck is classified as a class 4 tow truck
if it—
(a)
has a GCM of at least 25t; and
(b)
is equipped with—
(i)
a tandem or tri-axle group;
and
(ii)
a power-operated winch;
and
(iii)
a crane or hoist that has a
safe working load of at least 5t.
(6)
In this section—
safe working load, of a
crane or hoist, means—
(a)
if the manufacturer of the
crane or hoist has specified a safe working load
for the crane or hoist—the safe working load
specified by the manufacturer; or
(b)
otherwise—the safe working
load for the crane or hoist certified by an
engineer.
Part 3
Requirements relating to tow trucks
4
Restrictions on towing and lifting motor vehicles for particular classes of
tow trucks
(1)
A tow truck that is classified as a class 1 tow
truck must not tow or lift a motor vehicle with a loaded mass of
more than 2t.
(2)
A tow truck that is classified as a class 2 tow
truck must not tow or lift a motor vehicle with a loaded mass of
more than 5t.
(3)
A tow truck that is classified as a class 3 tow
truck must not tow or lift a motor vehicle with a loaded mass of
more than 10t.
(4)
In this section—
loaded mass, of a motor
vehicle, means the vehicle’s mass together with the mass of
the vehicle’s load transmitted to the ground.
5
Tow
dollies
(1)
A tow truck must not be attached to a tow dolly
unless the tow truck is classified as a class 1 tow truck.
(2)
If a tow truck that is classified as a class 1 tow
truck is attached to a tow dolly, the tow dolly must—
(a)
have an overall width of no more than
2.5m; and
(b)
be equipped with curved tyre saddles
capable of supporting a load on the tow dolly; and
(c)
have a load capacity of at least 1.2t;
and
(d)
be fitted with means to restrain the
axles of a motor vehicle being supported by the tow
dolly before and during towing.
(3)
In this section—
load capacity, of a tow
dolly, means—
(a)
if the manufacturer of the tow
dolly has specified a load capacity for the tow
dolly—the load capacity specified by the
manufacturer; or
(b)
otherwise—the load capacity
for the tow dolly certified by an engineer.
tow dolly means a trailer—
(a)
consisting of 2 axles fitted
with either single wheels or dual wheels;
and
(b)
on which the wheels of either
the front or rear axles of a motor vehicle are
mounted to support the vehicle while being
towed.
6
Markings that must be displayed
(1)
An authorised tow truck for an operator
accreditation must have markings on each side of the tow truck, or
on signs attached to each side of the tow truck, that display—
(a)
the business name, business address
and telephone number of the authorised tow truck
business for the accreditation; and
(b)
the classification of the tow truck
under part 2; and
(c)
the unique identification number for
the tow truck stated in the accreditation.
(2)
The markings must be clearly legible at a distance
of 30m.
(3)
In this section—
business address, of the
authorised tow truck business for an operator accreditation,
means the business address of the tow truck business stated
in the accreditation document for the accreditation.
7
Illuminated signs
(1)
A tow truck must not be equipped with more than 1
illuminated sign.
(2)
If a tow truck is equipped with an illuminated
sign, the sign must—
(a)
be fitted with a fixed bulb of
constant intensity; and
(b)
have a total illuminated surface of
not more than 3,000cm2.
8
Requirements relating to markings and signs
(1)
Any markings on a tow truck, or on a sign attached
to a tow truck, must not have an area of more than
1,000cm2, unless the marking is a word, an
abbreviation of a word, a figure or a punctuation mark.
(2)
Any markings or sign on a tow truck must not be
likely to—
(a)
make the use of the tow truck unsafe;
or
(b)
cause injury, annoyance or distraction
to a person.
(3)
If a tow truck, or a sign attached to a tow truck,
has markings in addition to the markings mentioned in section 6(1), the additional markings must not be
displayed in a way that makes the additional markings appear more
significant than the markings mentioned in section 6(1).
Schedule 2
Maximum amounts that
may be charged
sections 71, 73
and 79
Part 1
Towing
charges for damaged motor vehicles
Fee units
Maximum amount of towing charge
for towing a motor vehicle mentioned in section 69(a) if the towing involves
not more than 1 hour working time at the scene of
the incident—
(a)
for the first 50km
395.34
(a)
for each kilometre over
50km
7.86
Part 2
Charges for
private property towing
Division 1
Towing charges
Fee units
Maximum amount of towing
charge for towing a motor vehicle mentioned in
section 69(c) if the towing involves
not more than 1 hour working time at the private
property
273.64
Division 2
Storage charges
Fee units
Maximum amount of storage
charge for storing a motor vehicle mentioned in
section 69(c) in an authorised
holding yard for an operator accreditation, for
each day
27.35
Division 3
On-site release charges
Fee units
Maximum amount of on-site
release charge
164.19
Schedule 3
Fees
section 110
Fee units
1
Application for an operator
accreditation (Act, s 17)—the total of the
following—
(a)
for each motor vehicle
proposed to be used as a tow truck under the
accreditation—
(i)
accreditation for 1
year
441.60
(ii)
accreditation for 2
years
770.40
(iii)
accreditation for 3
years
1106.70
(iv)
accreditation for 4
years
1428.05
(v)
accreditation for 5
years
1734.50
(b)
additional application fee
in relation to requesting written reports under
section 138(1) of the
Act
in relation to the application—
(i)
if the applicant is an
individual
46.50
(ii)
if the applicant is a
corporation—for each executive officer of the
corporation
46.50
(iii)
if the applicant is a
partnership—for each partner in the
partnership
46.50
2
Renewal application for renewal of an
operator accreditation (Act, s 24)—for each authorised
tow truck for the accreditation—
(a)
renewal for 1 year
441.60
(b)
renewal for 2 years
770.40
(c)
renewal for 3 years
1106.70
(d)
renewal for 4 years
1428.05
(e)
renewal for 5 years
1734.50
3
Amendment application to amend an
operator accreditation to state a motor vehicle as an
authorised tow truck for the accreditation (Act, s
30)—for each motor vehicle—
(a)
if the period of the
accreditation is 1 year or the accreditation has
been renewed for a period of 1 year
441.60
(b)
if the period of the
accreditation is 2 years or the accreditation has
been renewed for a period of 2 years
770.40
(c)
if the period of the
accreditation is 3 years or the accreditation has
been renewed for a period of 3 years
1106.70
(d)
if the period of the
accreditation is 4 years or the accreditation has
been renewed for a period of 4 years
1428.05
(e)
if the period of the
accreditation is 5 years or the accreditation has
been renewed for a period of 5 years
1734.50
4
Application for a driver accreditation
or an assistant accreditation (Act, s 17)—the total of
the following—
(a)
base application fee—
(i)
accreditation for 1
year
114.45
(ii)
accreditation for 2
years
154.85
(iii)
accreditation for 3
years
198.10
(iv)
accreditation for 4
years
239.50
(v)
accreditation for 5
years
278.95
(b)
additional application fee
in relation to requesting a written report under
section 138(1) of the
Act
in relation to the application
46.50
5
Renewal application for renewal of a
driver accreditation or an assistant accreditation (Act,
s 24)—
(a)
renewal for 1 year
114.45
(b)
renewal for 2 years
154.85
(c)
renewal for 3 years
198.10
(d)
renewal for 4 years
239.50
(e)
renewal for 5 years
278.95
6
Notice given by the holder of an
operator accreditation about a new executive officer or
partner under section 72 of
the Act—fee in relation to requesting a written
report under section 138(1)
of the Act
in relation to the notice—
(i)
if the holder is a
corporation—for each new executive officer of the
corporation
46.50
(ii)
if the holder is a
partnership—for each new partner in the
partnership
46.50
7
Application for a replacement
accreditation document for an operator accreditation
under section 17(1)
54.70
8
Application for a replacement
accreditation document for a driver accreditation or an
assistant accreditation under section 17(1) or (2)
33.01
Schedule 4
Dictionary
section 3
application, for part 2, division 2, see section 5.
audit
notice, for part 13, see section 106(1).
business hours means 9a.m. to 5p.m. on a day other than a
day that is a Saturday, Sunday or public holiday.
consideration, for part 10, see section 82.
current postal address, for a person, means a postal
address—
(a)
given by the person to the department for
use by the department, whether or not the address was given
for this regulation; and
(b)
for which no written or oral notice from
the person, asking the department to discontinue use of the
postal address, has been received by the department.
damaged, in relation to a document—
(a)
means—
(i)
damaged to the extent
that—
(A)
information on the document
is difficult or impossible to read; or
(B)
a photo or signature on the
document is difficult or impossible to recognise;
or
(ii)
destroyed, other than
destroyed as required under section 19 or 20; and
(b)
if the document is a smartcard
accreditation—includes—
(i)
damaged to the extent
that—
(A)
information stored
electronically on the accreditation is difficult
or impossible to read; or
(B)
information that is a
digital photo or digitised signature stored
electronically on the accreditation is difficult
or impossible to recognise; and
(ii)
any information stored
electronically on the accreditation is no longer
accessible by using the holder’s PIN.
event, for part 12, see section 97.
GCM (gross combination mass), for schedule 1, see schedule 1, section 1.
give, in relation to consideration, for part 10, see section 82.
GVM (gross vehicle mass), of a vehicle, for schedule 1, see schedule 1, section 1.
information, for part 2, division 2, see section 5.
interim transport authority means an interim transport
authority issued under the Transport
Planning and Coordination Act 1994.
interstate licence see the Transport
Operations (Road Use Management) Act 1995,
schedule 4.
load
capacity, of a tow truck, for schedule 1, see schedule 1, section 1.
maximum loaded mass, of a motor vehicle, for schedule 1, see schedule 1, section 1.
New
Zealand licence see the Transport Operations
(Road Use Management—Driver Licensing) Regulation
2021, schedule 9.
non-chargeable activity, for part 9, see section 68.
non-chargeable matter, for part 9, see section 68.
on-site release charge see section 79(2).
original accreditation document see section 17(1)(a) and (b).
prescribed fence means a fence or wall that is at least
2.1m in height measured from the ground.
proposed revocation notice see section 93(1).
receive, in relation to consideration, for part 10, see section 82.
release charge see section 75(2).
relevant person, for part 5, division 3, see section 35.
representation period, in relation to a proposed
revocation notice, means—
(a)
the period stated in the proposed
revocation notice for making representations; or
(b)
if the period for making representations
is extended under section 93(4)—the period as extended.
restricted advertising means advertising, markings or
particulars relating to a business that involves—
(a)
the carrying out or arranging of vehicle
repairs; or
(b)
providing vehicle insurance or assisting
with claims for vehicle insurance; or
(c)
the hiring, purchasing or lending of
vehicles; or
(d)
providing legal services.
Examples—
the name, logo or address of a vehicle repair
business or law firm
smartcard transport authority see the Transport
Planning and Coordination Act 1994, section 36G(1).
storage charge see sections 72(2) and 73(2).
tare, of a tow truck, for schedule 1, see schedule 1, section 1.
temporary holding yard approval means an approval given
under section 99(1)(a).
towing charge see section 71(1).
trailer see the Transport
Operations (Road Use Management) Act 1995,
schedule 4.
tray
or platform tow truck, for schedule 1, see schedule 1, section 1.
viewing charge see section 74(2).
working time see section 68.