Justices Act 1902 Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Tow Trucks) Regulation 1997 (1997-542) [GG No 109 of 10.10.1997, p 8485] (NSW)

1997 No 542

New South Wales

Justices (Short Descriptions of Motor

Traffic and Other Offences)
Amendment (Tow Trucks) Regulation

1997

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.

BRIAN LANGTON, M.P.,

Minister for Transport

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 Regulations 1990 by prescribing short descriptions by which those

offences may be sufficiently stated and including them in the Justices (Short

Descriptions of Motor Traffic and Other Offences) Regulation 1986.

The latter Regulation currently contains (among other things) the short
descriptions of certain offences under the Motor Traffic Regulations 1935.
This Regulation also prescribes, and adds to those short descriptions, the
short descriptions of 2 further offences under those Regulations.

This Regulation is made under section 145B of the Justices Act 1902.

Published in Gazette No 109 of 10 October 1997, page 8485 Page 1

1997 No 542

Clause 1 Justices (Short Descriptions of Motor Traffic and Other offences) Amendment (Tow Trucks) Regulation 1997

Justices (Short Descriptions of Motor Traffic
and Other Offences) Amendment (Tow Trucks)
Regulation 1997

1  Name of Regulation

This Regulation is the Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Tow Trucks) Regulation 1997.

2  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.

3  Notes

The explanatory note does not form part of this Regulation.

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1997 No 542

Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Tow Trucks) Regulation 1997

Amendments Schedule 1

Schedule 1 Amendments

(Clause 2)

[1]    Schedule 1

Insert before the matter headed “Traffic Act 1909”:

Tow Truck Act 1989

Section 5—carry on business of tow unlicensed tow truck operator

truck operator without being holder
of tow truck operator’s licence
permitting tow truck operations of
the kind carried out

Section 5—without being holder of	unlicensed advertising of tow truck
tow truck operator’s licence	operator’s business

permitting tow truck operations of
the kind advertised, be a person
who advertises that he or she
carries on business of tow truck
operator

Section 15 (a)—drive or stand tow	drive/stand tow truck without
truck on public street without	driver’s certificate

holding driver’s certificate

Section 15 (b)—use or assist in use	use/assist use tow truck without
of tow truck on public street	driver’s certificate

without holding driver’s certificate

Section 15 (c)—obtain or attempt to	obtain/attempt obtain towing
obtain towing authority without	authority without driver’s certificate

holding driver’s certificate

Section 34—tow motor vehicle on tow without towing authority

public street without obtaining
towing authority

Section 34—tow motor vehicle on	tow under towing authority not
public street without towing	completed as required

authority that has been completed in
accordance with the regulations

Section 34—tow motor vehicle on	tow under towing authority not
public street without towing	signed as required

authority that has been signed in
accordance with the regulations

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1997 No 542

Justices (Short Descriptions of Motor Traffic and other Offences) Amendment (Tow Trucks) Regulation 1997

Schedule 1 Amendments

Section 34—tow motor vehicle on	tow under towing authority not
public street without towing	dealt withas required
authority that has been dealt with in accordance with the regulations
Section 39—tow truck driver not	not clear debris caused by/relating
clear from road at scene of motor	to towed vehicle
vehicle accident debris caused by or relating to motor vehicle towed by driver
Section 40 (a)—person other than	be passenger in tow truck going to
holder of driver’s certificate, not	MVA
being driver or passenger of vehicle proposed to be or being towed, travel as passenger in tow truck proceeding to scene of motor vehicle accident
Section 40 (b)—person other than	be passenger in tow truck towing
holder of driver’s certificate, not	vehicle from MVA
being driver or passenger of vehicle being towed, travel as passenger in tow truck towing motor vehicle
from scene of motor vehicle accident
Section 74 (2)—holder of driver’s	not produce driver’s certificate on
certificate not produce certificate on	demand
demand at scene of motor vehicle accident or while otherwise engaged in towing work
Tow Truck Regulation 1990
Clause 10 (3)—being holder of	drive tow truck without towing
driver’s certificate, drive on public	authority book
street tow truck that is being operated under authority of accident operator’s licence without carrying towing authority book issued by the Council
Clause 10 (5)—driver of tow truck	not produce towing authority book
not produce towing authority book	on demand
on demand by authorised officer or police officer

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1997 No 542

Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Tow Trucks) Regulation 1997

Amendments Schedule 1

Clause 10 (5)—driver of tow truck	not permit extract from/copy of
not permit authorised officer or	entry in towing authority book
police officer to whom towing authority book is produced to take extract from, or make copy of, entry in that book
Clause 11 (1)—not being driver of	unauthorised person obtain/attempt
tow truck which is being operated	to obtain towing authority
under the authority of an accident operator’s licence and is standing at the scene of the accident, obtain or attempt to obtain towing authority for towing of motor vehicle damaged in motor vehicle accident
Clause 11 (2)—being driver of tow	obtain/attempt to obtain towing
truck which is being operated under	authority for another tow truck
authority of accident operator’s licence, obtain or attempt to obtain towing authority for towing by a tow truck of motor vehicle damaged in motor vehicle accident other than tow truck of which he or she is driver
Clause 12 (a)—holder of accident	not retain towing authority 12
operator’s licence not retain at	months at place of business
holder’s place of business for at least 12 months original of each completed towing authority relating
to a tow truck operated under the authority of the licence
Clause 12 (b)—holder of accident	not produce towing authority on
operator’s licence not, on demand	demand
by authorised officer or police officer, produce for inspection original of each completed towing
authority retained by the holder relating to a tow truck operated under the authority of the licence

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1997 No 542

Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Tow Trucks) Regulation 1997

Schedule 1 Amendments

Clause 13 (a)—drive, stand or use,	drive/stand/use tow truck/tow truck
or allow to be driven, stood or	driven/stood/used without licensee
used, on a public street a tow truck	name shown as required
that is being operated under the authority of a licence without there being displayed (by being printed in block letters and figures at least 50 mm high) on the right-hand or off-side of the tow truck and so as to be clearly legible the name of the person the holder of the licence under the authority of which that tow truck is operated
Clause 13 (b)—drive, stand or use,	drive/stand/use tow truck/tow truck
or allow to be driven, stood or	driven/stood/used without licence
used, on a public street a tow truck	number shown as required
that is being operated under the authority of a licence without there being displayed (by being printed in block letters and figures at least 50 mm high) on the right-hand or off-side of the tow truck and so as to be clearly legible the number of the licence under the authority of which that tow truck is operated
Clause 15 (1) (a)—being person in	not check tow truck driver holds
charge of tow truck that is being	driving certificate
operated on public street, permit another person to drive the tow truck without being satisfied that
the other person is the holder of a driver’s certificate
Clause 15 ( 1) (a)—being person in	not inspect tow truck driver’s
charge of tow truck that is being	driving certificate
operated on public street, permit another person to drive the tow truck without inspecting the other
person’s driving certificate
Clause 15 (1) (b)—being person in	allow passenger in tow truck going
charge of tow truck that is being	toMVA
operated on public street, permit another person to travel in the tow truck proceeding to motor vehicle accident, the other person not having been the driver of, or a passenger in, the motor vehicle

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1997 No 542

Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Tow Trucks) Regulation 1997

Amendments Schedule 1

Clause 15 (1) (b)—being person in	allow passenger in tow truck towing
charge of tow truck that is being	vehicle from MVA
operated on public street, permit another person to travel in the tow truck towing motor vehicle from motor vehicle accident, the other person not having been the driver of, or a passenger in, the motor vehicle
Clause 15 (1) (c)—being person in	not check person on/about tow truck
charge of tow truck that is being	at/near MVA holds certificate
operated on public street, permit another person to be employed on or about the tow truck in connection with the operation of the tow truck at or near the scene of a motor vehicle accident without being satisfied that the other person is the holder of a driver’s certificate
Clause 16 (a)—being driver of tow	cause obstruction with tow truck
truck operating under authority of accident operator’s licence, permit tow truck (otherwise than to the
extent necessary to secure to or on to the tow truck a damaged motor vehicle in respect of which the
driver has obtained a towing authority) to stand on public street so as to cause an obstruction
Clause 16 (b)—being driver of tow	stand tow truck at MVA longer than
truck operating under authority of	reasonable
accident operator’s licence, permit tow truck (otherwise than to the extent necessary to secure to or on to the tow truck a damaged motor vehicle in respect of which the driver has obtained a towing authority) to stand at the scene of a motor vehicle accident for a period longer than that which would reasonably be required to obtain a towing authority in respect of a damaged motor vehicle for which no such authority has been obtained by another person

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1997 No 542

Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Tow Trucks) Regulation 1997

Schedule 1 Amendments

Clause 20 (1) (a)-holder of	not notify Council of change of
driver’s certificate fail to give	address within 7 days
written notification of change of address to the Council within 7 days after the change
Clause 20 (1) (b)—holder of	lend certificate/part with possession
driver’s certificate lend or otherwise	of certificate (not by lending)
part with possession of certificate withoutauthorisation
Clause 20 (1) (b)—holder of	alter/deface/mutilate certificate
driver’s certificate alter, deface or mutilate certificate
Clause 20 (1) (c)—holder of	not return expired certificate within
driver’s certificate fail to return	3 days
expired certificate to the Council within 3 days after the expiry

1. Schedule 1

   Insert after the matter relating to Regulations 56M (2) (b), 129 in the matter headed “Motor Traffic Regulations 1935”:

Regulation 56N, 129—not give way	not give way person leaving light
to person crossing carriageway from	rail vehicle

light rail vehicle stopped at or near
centre of carriageway

Regulation 56O, 129—pedestrian pedestrian obstruct light rail vehicle

obstruct path of light rail vehicle in
shared zone

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