Justices Act 1902 Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Tow Truck) Regulation 1998 (1998-624) [GG No 161 of 13.11.1998, p 8774] (NSW)

1998 No 624

New South Wales

Justices (Short Descriptions of Motor
Traffic and Other Offences)
Amendment (Tow Truck) Regulation
1998
under the
Justices Act 1902
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Justices Act 1902.

J E F F R E Y SHAW, Q . C . , M.L.C. ,
Attorney General
Explanatory note
The object of this Regulation is to facilitate the issue of penalty notices and legal process for certain offences under the Tow Truck Act 1989 and the Tow Truck Regulation 1990 by prescribing short descriptions by which those offences may be sufficiently stated.
This Regulation is made under section 145B of the Justices Act 1902.

Published in Gazette No 161 of 13 November 1998, page 8774 Page 1

1998 No 624

Clause

1

Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Tow Truck) Regulation 1998

Justices (Short Descriptions of Motor Traffic
and Other Offences) Amendment (Tow Truck)

Regulation 1998

1 Name of Regulation

This Regulation is the Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Tow Truck) Regulation 1998.

2 Commencement

This Regulation commences on 16 November 1998.

Amendment of Justices (Short Descriptions of Motor Traffic and Other Offences) Regulation 1986
The Justices (Short Descriptions of Motor Traffic and Other Offences) Regulation 1986 is amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.
1998 No 624

Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Tow Truck) Regulation 1998

Amendments Schedule 1

Schedule 1 Amendments
(Clause 3)

[1] Schedule 1

Insert in appropriate order in the matter relating to the Tow Truck Act
1989:

Section 16—use services of person use services of unauthorised person
not holding drivers certificate for
purposes requiring drivers certificate

Section 31—make false or make false or misleading statement
misleading statement in application
for or amendment to licence or
drivers certificate

Section 32—holding out a s licensee holding out as licensee / certificate
or holder of drivers certificate holder
Section 37—give or receive drop give / receive drop fees
fees

Section 38—threaten, intimidate or threaten. intimidate or coerce to
coerce for purpose of obtaining obtain towing authority / smash
towing authority or smash repair repair work
work

Section 73—not furnish required not furnish information
information to Council on demand

Section 7 4 (1)—holder of licence not produce licence
failing to produce licence on
demand by authorised officer o r
police officer

Section 77—refuse or intentionally obstruct authorised officer

delay, obstruct, neglect or fail to
comply with reasonable request of,
o r conceal person from, authorised
officer

1998 No624

Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Tow Truck) Regulation 1998

Schedule 1

Amendments

Schedule 1

Omit the matter relating to clauses 12 (a) and (b) and 16 (b) of the
Tow Truck Regulation 1990.

Schedule 1

Insert in appropriate order in the matter relating to the Tow Truck
Regulation 1990:

Clause 7 (5)—driver of tow truck insert false or misleading
inserting false or misleading information in towing authority
information in towing authority

Clause 7 (6)—driver of tow truck alter towing authority
altering towing authority after i t has
been signed by the appropriate
person

Clause 8 (1) (a)—driver of tow not deliver duplicate copy of towing
truck failing to deliver duplicate authority
copy o f towing authority to person
who signed i t

Clause 8 ( 1 ) (b)—driver o f tow not deliver original o f towing
truck failing to deliver original of authority
towing authority to holder of
licence

Clause 8 (1) (c)—driver of tow not retain triplicate copy of towing
truck failing to retain triplicate copy authority
in towing authority book

Clause 8 (2)—driver of tow truck not attach notice to vehicle
failing t o attach approved notice t o
motor vehicle being towed

Clause 8 (3)—driver of tow truck not complete notice
failing to complete approved notice

w i t h required details

Clause 8 (4)—unauthorised person remove notice from vehicle
removing notice from towed vehicle

Clause 10 (2)—holder of licence not provide towing authority book

failing to provide towing authority book to driver of each tow truck being operated under the licence
1998 No 624

Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Tow Truck) Regulation 1998

Amendments Schedule 1

Clause 10 (6)—driver of tow truck not deliver completed towing
failing to deliver completed towing authority book
authority book to holder of licence
Clause 11 (3)—driver of tow truck obtain/attempt to obtain towing
obtaining or attempting to obtain authority if authority already
towing authority for motor vehicle obtained
if another tow truck driver has
obtained towing authority for that
vehicle
Clause I I A (1)—driver of tow truck obtain/attempt to obtain towing
obtaining or attempting to obtain authority if other towing work not
towing authority for motor vehicle finished

if tow truck has not finished towing another motor vehicle under another towing authority

Clause 12 (1) (a)-holder of licence not keep towing authorities and

failing to keep original completed towing authority books
towing authorities and towing
authority books for at least 5 years
at holder's place of business
Clause 12 (1) (b)—holder of licence not produce towing authority /
failing to produce towing authorities towing authority book on demand
and towing authority books for
inspection on demand by authorised
officer or police officer
Clause 12 ( 1 ) (c)—holder of licence not permit extract from/copy of
failing to permit authorised officer entry in towing authority / towing
or police officer to make copies of authority book
or take extracts from towing
authorities or towing authority
books
Clause 12 (2)—holder of licence not return towing authority / towing
failing to return, on expiration of authority book / notice
licence, towing authorities, towing
authority books and notices to
Council
Clause 14 (2)—holder of licence or n o t produce tow truck for inspection

drivers certificate failing to comply with requirement of police officer or authorised officer to produce tow
truck for inspection

1998 No 624

Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Tow Truck) Regulation 1998

Schedule 1

Amendments

Clause 16 (b)—driver of tow truck stand tow truck at accident scene
permitting tow truck to stand within for longer than reasonably necessary
500 metres of accident scene for
longer than reasonably necessary to
obtain towing authority
Clause 16 (b)—driver of tow truck stand tow truck at accident scene
permitting tow truck to stand within without reasonable excuse
500 metres of accident scene
without reasonable excuse, where
towing authority has already been
obtained by another person
Clause 17 (a)—driver of tow truck fail PO tow to specified place
failing to tow motor vehicle as soon
as reasonably practicable from
accident scene to specified place
Clause 17 (b)—driver of tow truck fail to tow to holding yard/safe
towing failing to tow motor vehicle place
as soon as reasonably practicable
from accident scene to holding yard
or other safe place
Clause 17A (1)—driver of tow fail to unload motor vehicle
truck failing to unload motor
vehicle after it is towed away as an
obstruction to traffic

Clause 17B (1) (a)-driver of tow tow motor vehicle to conceal

truck towing or otherwise removing offence/impede investigation
motor vehicle if driver knows the
removal will conceal offence or
impede investigation
Clause 17B (1) (b)—driver of tow coerce/induce/persuade towing of
truck coercing. inducing or motor vehicle to conceal offence/
persuading driver of motor vehicle impede investigation
to authorise removal of vehicle if
driver knows the removal will
conceal offence or impede
investigation
Clause 19 (1) (a)—holder of licence

not keep record of details of tow
failing to keep record of details of truck drivers
tow truck drivers whose services are
used
1998 No 624

Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Tow Truck) Regulation 1998

Amendments Schedule 1

Clause 19 (1) (b)—holder of licence not keep record of particulars of
failing to keep record of certain tow truck

particulars of each occasion on which a tow truck is operated
Clause 19 (3) (a)—holder of licence fail to complete record as soon as
failing to complete record as soon practicable
as practicable after tow truck is
operated
Clause 19 (3) (b)—holder of licence fail to keep records
failing to keep records for at least 5
years at holder's place of business
Clause 19 (3) (c)—holder of licence not produce records for inspection
failing to produce records for
inspection on demand by authorised
officer or police officer
Clause 19 (3) (d)—holder of licence not permit extract from/copy of
failing to permit authorised officer entry in record
or police officer to make copies of
or take extracts from that record
Clause 19 (4)—holder of licence not provide records when licence
failing to provide records to Council expires
on expiration of licence
Clause 19 (5)—holder of licence not provide details of tow truck
failing to provide to an authorised driver
officer or police officer details o f
any tow truck driver whose services
have been used
Clause 20 (2)—holder of licence not give notice of intention to
failing to give 1 4 days prior notice change place of business
to Council of holder's intention to
change place of business
Clause 22—failing to surrender tow not surrender tow truck number
truck number plates to the RTA or plates

the Police Commissioner within 7 days of expiration, cancellation or surrender of licence
Clause 23 (1) (a)—driver of tow not behave in orderly and civil
truck failing to behave in an orderly manner
manner and with civility and
propriety

1998 No 624

Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Tow Truck) Regulation 1998

Schedule 1

Amendments

Clause 23 (1) (b)—driver of tow not comply with reasonable
truck failing to comply with requirement of authorised officer /
reasonable requirement of authorised police officer
officer or police officer
Clause 23 (1) (c)—driver of tow not comply with reasonable
truck failing to comply with requirement of emergency services
reasonable requirement of an officer
emergency services officer attending
an accident scene
Clause 24 (2)—driver of tow truck not comply with dress standard
failing to comply with Council guidelines
guidelines as to dress standards

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Citations

Justices Act 1902 Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Tow Truck) Regulation 1998 (1998-624) [GG No 161 of 13.11.1998, p 8774] (NSW)

Cases Citing This Decision

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Justices (Short Descriptions	of Motor Traffic and Other Offences) Amendment (Tow Truck) Regulation 1998
Amendments	Schedule 1

Clause 10 (6)—driver of tow truck	not deliver completed towing
failing to deliver completed towing	authority book
authority book to holder of licence
Clause 11 (3)—driver of tow truck	obtain/attempt to obtain towing
obtaining or attempting to obtain	authority if authority already
towing authority for motor vehicle	obtained
if another tow truck driver has obtained towing authority for that vehicle
Clause I I A (1)—driver of tow truck	obtain/attempt to obtain towing
obtaining or attempting to obtain	authority if other towing work not
towing authority for motor vehicle	finished
if tow truck has not finished towing another motor vehicle under another towing authority

failing to keep original completed	towing authority books
towing authorities and towing authority books for at least 5 years at holder's place of business
Clause 12 (1) (b)—holder of licence	not produce towing authority /
failing to produce towing authorities	towing authority book on demand
and towing authority books for inspection on demand by authorised officer or police officer
Clause 12 ( 1 ) (c)—holder of licence	not permit extract from/copy of
failing to permit authorised officer	entry in towing authority / towing
or police officer to make copies of	authority book
or take extracts from towing
authorities or towing authority
books
Clause 12 (2)—holder of licence	not return towing authority / towing
failing to return, on expiration of	authority book / notice
licence, towing authorities, towing authority books and notices to Council
Clause 14 (2)—holder of licence or	n o t produce tow truck for inspection
drivers certificate failing to comply with requirement of police officer or authorised officer to produce tow
truck for inspection

Clause 16 (b)—driver of tow truck	stand tow truck at accident scene
permitting tow truck to stand within	for longer than reasonably necessary
500 metres of accident scene for longer than reasonably necessary to obtain towing authority
Clause 16 (b)—driver of tow truck	stand tow truck at accident scene
permitting tow truck to stand within	without reasonable excuse
500 metres of accident scene without reasonable excuse, where towing authority has already been obtained by another person
Clause 17 (a)—driver of tow truck	fail PO tow to specified place
failing to tow motor vehicle as soon as reasonably practicable from accident scene to specified place
Clause 17 (b)—driver of tow truck	fail to tow to holding yard/safe
towing failing to tow motor vehicle	place
as soon as reasonably practicable from accident scene to holding yard or other safe place
Clause 17A (1)—driver of tow	fail to unload motor vehicle
truck failing to unload motor vehicle after it is towed away as an obstruction to traffic

Clause 19 (1) (b)—holder of licence	not keep record of particulars of
failing to keep record of certain	tow truck
particulars of each occasion on which a tow truck is operated
Clause 19 (3) (a)—holder of licence	fail to complete record as soon as
failing to complete record as soon	practicable
as practicable after tow truck is
operated
Clause 19 (3) (b)—holder of licence	fail to keep records
failing to keep records for at least 5 years at holder's place of business
Clause 19 (3) (c)—holder of licence	not produce records for inspection
failing to produce records for inspection on demand by authorised officer or police officer
Clause 19 (3) (d)—holder of licence	not permit extract from/copy of
failing to permit authorised officer	entry in record
or police officer to make copies of or take extracts from that record
Clause 19 (4)—holder of licence	not provide records when licence
failing to provide records to Council	expires
on expiration of licence
Clause 19 (5)—holder of licence	not provide details of tow truck
failing to provide to an authorised	driver
officer or police officer details o f
any tow truck driver whose services
have been used
Clause 20 (2)—holder of licence	not give notice of intention to
failing to give 1 4 days prior notice	change place of business
to Council of holder's intention to change place of business
Clause 22—failing to surrender tow	not surrender tow truck number
truck number plates to the RTA or	plates
the Police Commissioner within 7 days of expiration, cancellation or surrender of licence
Clause 23 (1) (a)—driver of tow	not behave in orderly and civil
truck failing to behave in an orderly	manner
manner and with civility and propriety

Clause 23 (1) (b)—driver of tow	not comply with reasonable
truck failing to comply with	requirement of authorised officer /
reasonable requirement of authorised	police officer
officer or police officer
Clause 23 (1) (c)—driver of tow	not comply with reasonable
truck failing to comply with	requirement of emergency services
reasonable requirement of an	officer
emergency services officer attending an accident scene
Clause 24 (2)—driver of tow truck	not comply with dress standard
failing to comply with Council	guidelines
guidelines as to dress standards