Untitled document

Accident Towing Services Amendment Regulations 2009

S.R. No. 80/2009

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Regulation 16 substituted

16Specified depots

16AExemptions from specified depot requirements

5How accident towing demerit points are incurred

6Notice of recording of accident towing demerit points

7Infringements

8Schedule 3 substituted

SCHEDULE 3—Accident Towing Demerit Points

9Schedule 4 substituted

SCHEDULE 4—Infringements

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ENDNOTES

STATUTORY RULES 2009

S.R. No. 80/2009

Accident Towing Services Act 2007

Accident Towing Services Amendment Regulations 2009

The Governor in Council makes the following Regulations:

Dated: 7 July 2009

Responsible Minister:

TIM PALLAS
Minister for Roads and Ports

TOBY HALLIGAN

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Accident Towing Services Regulations 2008 to make consequential amendments as a result of recent amendments to the Accident Towing Services Act 2007 made by Part 4 of the Road Legislation Amendment Act 2009.

2Authorising provision

These Regulations are made under section 223 of the Accident Towing Services Act 2007.

3Principal Regulations

In these Regulations, the Accident Towing Services Regulations 2008[1] are called the Principal Regulations.

4Regulation 16 substituted

For regulation 16 of the Principal Regulations substitute—

"16   Specified depots

(1)A licence holder must ensure that the specified depot for the licensed tow truck is open for business and staffed by the licence holder or an agent or employee of the licence holder between the hours of 8.00 a.m. and 5.00 p.m. from Monday to Friday inclusive but excluding any public holiday.

Penalty:20 penalty units.

(2)A licence holder must ensure that the specified depot for the licensed tow truck is contactable by telephone during the hours of business referred to in subregulation (1).

Penalty:20 penalty units.

(3)A licence holder must ensure that the specified depot for the licensed tow truck has displayed on the exterior of the specified depot a sign giving the name of the licence holder, the depot number allocated by VicRoads (if the depot is within a controlled area), the hours of business and the telephone number of the depot.

Penalty:20 penalty units.

(4)A licence holder must ensure that the specified depot for the licensed tow truck is suitable for the conduct of business and the keeping of records as required under the Act and these Regulations.

Penalty:20 penalty units.

(5)A licence holder must ensure that the licensed tow truck—

(a)operates from the specified depot; and

(b)is usually garaged and otherwise based at the specified depot.

Penalty:20 penalty units.

(6)VicRoads must allocate a depot number for each specified depot.

16AExemptions from specified depot requirements

(1)VicRoads may wholly or partially exempt a licence holder from having to comply with regulation 16(1) if—

(a)the specified depot for the licensed tow truck is located outside the controlled area; and

(b)VicRoads is satisfied that it would impose an unreasonable burden on the licence holder to require compliance with regulation 16(1).

(2)An exemption under subregulation (1) must be in writing and may be subject to any conditions that VicRoads thinks fit.

(3)VicRoads may wholly or partially exempt a licence holder from having to comply with regulation 16(5)(b) if VicRoads is satisfied that—

(a)the granting of the exemption or partial exemption would improve the efficiency of the accident towing service provided by the licence holder; and

(b)the granting of the exemption would not unreasonably impact on the accident towing service business of another licence holder.

(4)An exemption under subregulation (3) must be in writing and may be subject to any conditions that VicRoads thinks fit.

(5)Before granting an exemption under subregulation (3), VicRoads must consult with any other licence holder that VicRoads believes may be adversely affected by the decision to grant an exemption.".

5How accident towing demerit points are incurred

(1)In regulation 41(1) of the Principal Regulations, for "column 2" substitute "column 3".

(2)In regulation 41(2) of the Principal Regulations, for "an accredited person" substitute "a person".

(3)In regulation 41(4) of the Principal Regulations—

(a)for "column 3" substitute "column 4";

(b)for "Column 2" substitute "column 3".

(4)In regulation 41(5) of the Principal Regulations, for "column 1" substitute "column 2".

6Notice of recording of accident towing demerit points

In regulation 42(2)(a) of the Principal Regulations omit "accredited".

7Infringements

(1)In regulation 45(1) of the Principal Regulations, for "column 1" substitute "column 2".

(2)In regulation 45(2) of the Principal Regulations—

(a)for "column 3" substitute "column 4";

(b)for "Column 1" substitute "column 2".

(3)In regulation 45(3) of the Principal Regulations—

(a)for "Column 2" substitute "column 3";

(b)for "column 1" substitute "column 2".

8Schedule 3 substituted

For Schedule 3 to the Principal Regulations substitute—

"SCHEDULE 3

Regulation 41

ACCIDENT TOWING DEMERIT POINTS

In this Schedule—

ATSA means Accident Towing Services Act 2007

ATSR means Accident Towing Services Regulations 2008

RS(RR)R means Road Safety (Road Rules) Regulations 1999

SOA means Summary Offences Act 1966

Column 1 Item No.	Column 2 Description of Offence	Column 3 Reference	Column 4 No. of Points
1	Failing to keep records	ATSR 14(1)	2
2	Failing to keep records at specified depot for specified period	ATSR 14(2)	2
3	Failing to make records available on demand	ATSR 14(4)	2
4	Failing to provide copies of records upon request	ATSR 14(5)	2
5	Failing to keep specified depot open for business	ATSR 16(1)	2
6	Specified depot not contactable during business hours	ATSR 16(2)	2

Column 1 Item No.	Column 2 Description of Offence	Column 3 Reference	Column 4 No. of Points
7	Tow truck not usually garaged at specified depot	ATSR 16(5)	2
8	Driver of rostered tow truck fail to take reasonable steps to  attend accident scene within 30 minutes	ATSR 32(1)	2
9	Rostered tow truck used to tow more than one vehicle at the same time	ATSR 32(8)	2
10	Tow truck being driven or used without bound book of forms for authorities to tow	ATSR 35(6)	3
11	Failing to ensure removal of debris and glass from road accident scene	ATSR 37(1)	3
12	Failing to take reasonable steps to notify authorities of a hazard	ATSR 37(2)	3
13	Refusing to tow accident damaged motor vehicle	ATSR 39(1)	3
14	Refusing to accept payment via an approved payment system	ATSR 40(1)	3
15	Operating a tow truck in the course of conducting an accident towing service business without the required tow truck licence	ATSA 6	4

Column 1 Item No.	Column 2 Description of Offence	Column 3 Reference	Column 4 No. of Points
16	Operating a tow truck in the course of conducting an accident towing service business other than from specified depot, and without required towing accreditation and without vehicle registration and providing towing service for vehicle that tow truck is not capable of towing.	ATSA 7	4
17	Driving tow truck in the course of conducting an accident towing service business without regular tow truck licence or heavy tow truck licence authorising operation of the tow truck	ATSA 8(1)	4
18	While driving tow truck in the course of conducting an accident towing service business under regular tow truck licence, towing a vehicle that tow truck is not capable of towing	ATSA 8(2)	4

Column 1 Item No.	Column 2 Description of Offence	Column 3 Reference	Column 4 No. of Points
19	While driving tow truck in the course of conducting an accident towing service business under heavy tow truck licence, towing a vehicle with gross vehicle mass of less than 4 tonnes or a vehicle that tow truck is not capable of towing	ATSA 8(3)	4
20	While driving a tow truck that is normally used to provide towing services for hire or reward, attending a road accident scene while not operating under a tow truck licence	ATSA 9(1)	4
21	Failing to comply with tow truck licence conditions	ATSA 26	2
22	Failing to comply with temporary permit or permit conditions	ATSA 35(5)	2
23	Driver of tow truck damages or loses an accident damaged motor vehicle or the contents of that vehicle	ATSA 38(1)	3
24	Holder of tow truck licence fails to take reasonable steps to prevent damage or loss of an accident damaged motor vehicle or the contents of that vehicle	ATSA 38(3)	3

Column 1 Item No.	Column 2 Description of Offence	Column 3 Reference	Column 4 No. of Points
25	Failing to leave a restricted road accident area when requested	ATSA 41(3)	3
26	Causing tow truck operating under regular tow truck licence to attend accident scene in controlled area or to be used to tow accident damaged motor vehicle with gross vehicle mass of less than 4 tonnes from accident scene in controlled area, without an allocation	ATSA 42(1)	4
27	As driver of tow truck operating under a regular tow truck licence, attending accident scene in controlled area or towing accident damaged motor vehicle with gross vehicle mass of less than 4 tonnes from accident scene in controlled area, without an allocation	ATSA 42(2)	4
28	Without an allocation, causing tow truck operating under regular tow truck licence to tow or attempt to tow an accident damaged motor vehicle with a gross vehicle mass of less than 4 tonnes from a safe and convenient place	ATSA 44(1)	4

Column 1 Item No.	Column 2 Description of Offence	Column 3 Reference	Column 4 No. of Points
29	Without an allocation, as driver of tow truck operating under regular tow truck licence, towing or attempting to tow an accident damaged motor vehicle with a gross vehicle mass of less than 4 tonnes from a safe and convenient place	ATSA 44(2)	4
30	Causing more than one accident damaged motor vehicle to be towed under one job number	ATSA 45(1)	3
31	As driver of tow truck operating under regular tow truck licence, towing more than one accident damaged motor vehicle under a job number	ATSA 45(2)	3
32	Failing to comply with conditions of industry accreditation	ATSA 74	2
33	Failing to keep records relating to complaints or to provide complaint information to VicRoads when requested	ATSA 90(1)	3
34	Failing to manage record-keeping and maintenance of information about complaints or to provide complaint information to VicRoads when requested	ATSA 90(2)	3
Column 1 Item No.	Column 2 Description of Offence	Column 3 Reference	Column 4 No. of Points
35	Driving a licensed tow truck or accompanying a driver without holding a tow truck driver accreditation	ATSA 98(1)	2
36	Failing to comply with conditions of a tow truck driver accreditation	ATSA 115	2
37	Towing an accident damaged motor vehicle from a road accident scene without an authority to tow	ATSA 142(1)	3
38	Towing an accident damaged motor vehicle from a safe and convenient place on a designated road without an authority to tow	ATSA 142(2)	3
39	Failing to give a copy of the authority to tow to the person who authorised the tow	ATSA 144	3
40	Failing to carry an authority to tow while towing	ATSA 145(1)	3
41	Failing to produce an authority to tow when requested, failing to give details of the origin or destination of an accident damaged motor vehicle, or failing to allow the inspection of an accident damaged motor vehicle	ATSA 145(2)	3

Column 1 Item No.	Column 2 Description of Offence	Column 3 Reference	Column 4 No. of Points
42	Failing to give job number to member of the force or authorised officer upon request	ATSA 145(4)	3
43	Failing to tow accident damaged motor vehicle to the place specified in the authority to tow	ATSA 146	3
44	Seeking repair work at an accident scene	ATSA 147	4
45	Seeking to tout or solicit for business or offer or obtain or attempt to obtain agreement for towing or storing of vehicle at a road accident scene	ATSA 148(1)	4
46	Failing to store accident damaged motor vehicle in secure area	ATSA 150(1)	3
47	Failing to provide vehicle owner written notice regarding storage charges	ATSA 151(1)	3
48	Charging towing fees or storage fees other than in accordance with a Ministerial determination (if any)	ATSA 152(2)	4
49	Commencing or carrying out repair work without written approval of the owner	ATSA 153(1)	4
50	Failing to repay charges that were unlawfully collected	ATSA 153(5)	4

Column 1 Item No.	Column 2 Description of Offence	Column 3 Reference	Column 4 No. of Points
51	Failing to release a towed vehicle	ATSA 156(1)	4
52	Failing to take reasonable steps to ensure that the release of a towed vehicle is not frustrated or obstructed by another person	ATSA 156(2)	4
53	Failing to comply with a requirement of VicRoads or an inspector	ATSA 203(1)	3
54	Obstructing or hindering an inspector	ATSA 203(2)	4
55	Impersonating an inspector	ATSA 203(3)	4
56	Providing false or misleading information	ATSA 215(1)	4
57	Obscene language, offensive behaviour, etc.	SOA 17 (in towing-related circumstances only)	3
58	Assault	SOA 23 (in towing-related circumstances only)	4
59	Throwing, dropping, placing or leaving on a road any destructive or injurious material or causing or permitting any such material to be thrown, dropped or placed on a road	RS (RR) R 603 (in towing-related circumstances only)	3

__________________".

9Schedule 4 substituted

For Schedule 4 to the Principal Regulations substitute—

"SCHEDULE 4

Regulation 45

INFRINGEMENTS

In this Schedule—

ATSA means Accident Towing Services Act 2007

ATSR means Accident Towing Services Regulations 2008

Column 1 Item No.	Column 2 Prescribed Infringement Offence	Column 3 Description of Infringement Offence	Column 4 Infringement Penalty	Column 5 Code
1	Regulation 14(1) of the ATSR	Failing to keep records	1×25 penalty units	4429
2	Regulation 14(2) of the ATSR	Failing to keep records at specified depot for specified period	1×25 penalty units	4430
3	Regulation 14(4) of the ATSR	Failing to make records available on demand	1×25 penalty units	4415
4	Regulation 16(1) of the ATSR	Failing to keep specified depot open for business	1×5 penalty units	4431
5	Regulation 16(2) of the ATSR	Specified depot not contactable during business hours	1×5 penalty units	4432
6	Regulation 16(3) of the ATSR	Failing to display necessary sign at specified depot	1×5 penalty units	4433
7	Regulation 16(5) of the ATSR	Tow truck not usually garaged at specified depot	1×5 penalty units	4434

Column 1 Item No.	Column 2 Prescribed Infringement Offence	Column 3 Description of Infringement Offence	Column 4 Infringement Penalty	Column 5 Code
8	Regulation 17 of the ATSR and item 4 of Schedule 1 to the ATSR	Tow truck not equipped with broom, shovel or rubbish receptacle	1×5 penalty units	4406
9	Regulation 17 of the ATSR and item 5 of Schedule 1 to the ATSR	Tow truck not equipped with fire extinguisher	1×5 penalty units	4407
10	Regulation 17 of the ATSR and item 6 of Schedule 1 to the ATSR	Tow truck not fitted with warning lights	1×5 penalty units	4405
11	Regulation 17 of the ATSR and item 7 of Schedule 1 to the ATSR	Two truck not fitted with adjustable lights	1×5 penalty units	4435
12	Regulation 17 of the ATSR and item 8 of Schedule 1 to the ATSR	Tow truck not  equipped with lightboard	1×5 penalty units	4436
13	Regulation 19 of the ATSR and item 1 of Table of the ATSR	Failing to display name and address of licence holder on tow truck	1×5 penalty units	4421
14	Regulation 19 of the ATSR and item 2 of Table of the ATSR	Failing to display the word "depot" followed by the depot number on tow truck	1×5 penalty units	4437
15	Regulation 21(3) of the ATSR	Failing to prevent use of tow truck while subject to repair notice	1×5 penalty units	4427

Column 1 Item No.	Column 2 Prescribed Infringement Offence	Column 3 Description of Infringement Offence	Column 4 Infringement Penalty	Column 5 Code
16	Regulation 22(1)(b) of the ATSR	Failing to activate warning lights when picking up or setting down accident damaged motor vehicle at road accident scene	1×5 penalty units	4438
17	Regulation 23 of the ATSR	Failing to correctly display lightboard	1×5 penalty units	4439
18	Regulation 32(8) of the ATSR	Rostered tow truck used to tow more than one vehicle at the same time	1×5 penalty units	4440
19	Regulation 35(6) of the ATSR	Tow truck being driven or used without bound book of forms for authorities to tow	1×5 penalty units	4402
20	Regulation 35(8) of the ATSR	Failing to ensure that forms for authorities to tow are used in order of serial number	1×5 penalty units	4441
21	Regulation 37(1) of the ATSR	Failing to ensure removal of debris and glass from road accident scene	1×5 penalty units	4424
22	Regulation 39(1) of the ATSR	Refusing to tow accident damaged motor vehicle	4 penalty units	4422
23	Regulation 40(1) of the ATSR	Refusing to accept payment via an approved payment system	4 penalty units	4442

Column 1 Item No.	Column 2 Prescribed Infringement Offence	Column 3 Description of Infringement Offence	Column 4 Infringement Penalty	Column 5 Code
24	Section 6 of the ATSA	Operating a tow truck in the course of conducting an accident towing service business without the required tow truck licence	10 penalty units	8301
25	Section 7 of the ATSA	Operating a tow truck in the course of conducting an accident towing service business other than from specified depot, and without required towing accreditation and without vehicle registration and providing a towing service for a vehicle that tow truck is not capable of towing.	10 penalty units	8302
26	Section 8(1) of the ATSA	Driving tow truck in the course of conducting an accident towing service business without regular tow truck licence or heavy tow truck licence authorising operation of the tow truck	10 penalty units	4419

Column 1 Item No.	Column 2 Prescribed Infringement Offence	Column 3 Description of Infringement Offence	Column 4 Infringement Penalty	Column 5 Code
27	Section 8(2) of the ATSA	While driving tow truck in the course of conducting an accident towing service business under regular tow  truck licence, towing a vehicle that tow truck is not capable of towing	10 penalty units	8303
28	Section 8(3) of the ATSA	While driving tow truck in the course of conducting an accident towing service business under heavy tow truck licence, towing a vehicle with gross vehicle mass of less than 4 tonnes or vehicle that tow truck is not capable of towing	10 penalty units	8304
29	Section 9(1) of the ATSA	While driving a tow truck that is normally used to provide towing services for hire or reward, attending a road accident scene while not operating under the tow truck licence	10 penalty units	8305
30	Section 36 of the ATSA	Failing to carry temporary permit	1×5 penalty units	4447
31	Section 37 of the ATSA	Failing to produce temporary permit when requested	1×5 penalty units	4448

Column 1 Item No.	Column 2 Prescribed Infringement Offence	Column 3 Description of Infringement Offence	Column 4 Infringement Penalty	Column 5 Code
32	Section 40(1) of the ATSA	Permitting or allowing a person to travel in an accident damaged motor vehicle that is being towed	3 penalty units	4449
33	Section 42(1) of the ATSA	Causing tow truck operating under regular tow truck licence to attend accident scene in controlled area or to be used to tow accident damaged motor vehicle with gross vehicle mass of less than 4 tonnes from accident scene in controlled area, without an allocation	12 penalty units	4450
34	Section 42(2) of the ATSA	As driver of a tow truck operating under a regular tow truck licence, attending accident scene in controlled area or tow accident damaged motor vehicle with gross vehicle mass of less than 4 tonnes from accident scene in controlled area, without an allocation	8 penalty units	4412

Column 1 Item No.	Column 2 Prescribed Infringement Offence	Column 3 Description of Infringement Offence	Column 4 Infringement Penalty	Column 5 Code
35	Section 44(1) of the ATSA	Without an allocation, causing tow truck operating under regular tow truck licence to tow or attempt to tow an accident damaged motor vehicle with a gross vehicle mass of less than 4 tonnes from a safe and convenient place	12 penalty units	7400
36	Section 44(2) of the ATSA	Without an allocation, as driver of tow truck operating under regular tow truck licence, towing or attempting to tow an accident damaged motor vehicle with a gross vehicle mass of less than 4 tonnes from a safe and convenient place	8 penalty units	7401
37	Section 45(1) of the ATSA	Causing more than one accident damaged motor vehicle to be towed under one job number	10 penalty units	7402

Column 1 Item No.	Column 2 Prescribed Infringement Offence	Column 3 Description of Infringement Offence	Column 4 Infringement Penalty	Column 5 Code
38	Section 45(2) of the ATSA	As driver of tow truck operating under regular tow truck licence, towing more than one accident damaged motor vehicle under a job number	8 penalty units	7403
39	Section 51(1) of the ATSA	Causing tow truck operating under regular tow truck licence to attend a road accident scene or to tow or attempt to tow an accident damaged motor vehicle with a gross vehicle mass of less than 4 tonnes from a road accident scene when that road accident scene is in a self-management area and where the specified depot for the tow truck is outside the self-management area	8 penalty units	7404

Column 1 Item No.	Column 2 Prescribed Infringement Offence	Column 3 Description of Infringement Offence	Column 4 Infringement Penalty	Column 5 Code
40	Section 51(2) of the ATSA	Causing tow truck operating under regular tow truck licence, without authority under the Act, to attend a road accident scene or to tow or attempt to tow an accident damaged motor vehicle with a gross vehicle mass of less than 4 tonnes from a road accident scene when that road accident scene is outside a self-management area and where the specified depot for the tow truck is inside that self-management area	8 penalty units	7405
41	Section 56(1) of the ATSA	Carrying on an accident towing service business without accreditation	10 penalty units	7406
42	Section 56(2) of the ATSA	Managing an accident towing service business from a depot without accreditation	10 penalty units	7407
43	Section 98(1) of the ATSA (in relation to the driving of a tow truck only)	Driving a licensed tow truck without holding tow truck driver accreditation	8 penalty units	4416

Column 1 Item No.	Column 2 Prescribed Infringement Offence	Column 3 Description of Infringement Offence	Column 4 Infringement Penalty	Column 5 Code
44	Section 98(2) of the ATSA	While being the holder of a tow truck driver accreditation, allowing another person to drive the tow truck or to be a passenger in the tow truck when that other person is not accredited	8 penalty units	4418
45	Section 115 of the ATSA	Failing to comply with conditions of a tow truck driver accreditation	1×5 penalty units	7408
46	Section 118 of the ATSA	Failing to notify VicRoads of change of address or failing to return accreditation certificate to VicRoads for amendment	1×25 penalty units	4401
47	Section 120(1) of the ATSA	Failing to carry tow truck driver accreditation certificate when required to do so under Part 4 of the ATSA	1×5 penalty units	4417
48	Section 120(2) of the ATSA	Failing to carry tow truck driver accreditation when accompanying driver of tow truck in circumstances when he or she is required to do so under Part 4 of the ATSA	1×5 penalty units	8306

Column 1 Item No.	Column 2 Prescribed Infringement Offence	Column 3 Description of Infringement Offence	Column 4 Infringement Penalty	Column 5 Code
49	Section 121(1) of the ATSA	Failing to produce certificate of tow truck driver accreditation when requested	1×5 penalty units	7409
50	Section 121(2) of the ATSA	Failing to produce tow truck driver accreditation when accompanying driver of tow truck in circumstances when he or she is required to do so under Part 4 of the ATSA and when asked to do so by an authorised officer, member of the police force or owner or driver of accident damaged motor vehicle	1×5 penalty units	8307
51	Section 142(1) of the ATSA	Towing an accident damaged motor vehicle from a road accident scene without an authority to tow	5 penalty units	7410
52	Section 142(2) of the ATSA	Towing an accident damaged motor vehicle from a safe and convenient place on a designated road without an authority to tow	5 penalty units	7411
53	Section 143 of the ATSA	Failing to record the job number on an authority to tow	3 penalty units	7412

Column 1 Item No.	Column 2 Prescribed Infringement Offence	Column 3 Description of Infringement Offence	Column 4 Infringement Penalty	Column 5 Code
54	Section 144 of the ATSA	Failing to give a copy of the authority to tow to the person who authorised the tow	1.5 penalty units	4404
55	Section 145(1) of the ATSA	Failing to carry an authority to tow while towing	1.5 penalty units	7413
56	Section 145(2)(a) of the ATSA	Failing to produce an authority to tow when requested	1×5 penalty units	7414
57	Section 145(4) of the ATSA	Failing to give job number to member of the force or authorised officer upon request	1×5 penalty units	7415
58	Section 146 of the ATSA	Failing to tow accident damaged motor vehicle to the place specified in the authority to tow	3 penalty units	4423
59	Section 147 of the ATSA	Seeking repair work at an accident scene	12 penalty units	7416
60	Section 148(1) of the ATSA	Seeking to tout or solicit for business or offer or obtain or attempt to obtain agreement for towing or storing of vehicle at a road accident scene	12 penalty units	4414

Column 1 Item No.	Column 2 Prescribed Infringement Offence	Column 3 Description of Infringement Offence	Column 4 Infringement Penalty	Column 5 Code
61	Section 150(1) of the ATSA	Failing to store accident damaged motor vehicle in secure area	3 penalty units	7418

__________________".

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ENDNOTES

[1] Reg. 3: S.R. No. 169/2008.