Untitled document

Transport (Tow Truck) (Amendment) Regulations 2006

S.R. No. 124/2006

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Authority to tow

4.Authority to tow to be carried and produced

5.New regulation 31A inserted

31A.Towing in accordance with section 119A of the Road Management Act 2004

6.New regulation 36A inserted

36A.Permissible behaviour by driver at accident scene

7.Amendment to Schedule 1

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ENDNOTES

STATUTORY RULES 2006

S.R. No. 124/2006

Transport Act 1983

Transport (Tow Truck) (Amendment) Regulations 2006

The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations:

Dated: 19 September 2006

Responsible Minister:

PETER BATCHELOR
Minister for Transport

RUTH LEACH

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to specify permissible behaviour by a tow truck driver at an accident scene and to make further provision about accident towing authorities.

2.Authorising provision

These Regulations are made under section 185 of the Transport Act 1983.

3.Authority to tow

In regulation 29(3) of the Transport (Tow Truck) Regulations 2005[1] for "The" substitute "Subject to regulation 31A, the".

4.Authority to tow to be carried and produced

In regulation 31(1) of the Transport (Tow Truck) Regulations 2005 for "signed by the person authorising the towing" substitute "completed and signed in accordance with regulations 29 and 30".

5.New regulation 31A inserted

After regulation 31 of the Transport (Tow Truck) Regulations 2005 insert—

"31A.Towing in accordance with section 119A of the Road Management Act 2004

An authority to tow a motor vehicle does not need to be signed if—

(a)the motor vehicle is being removed from a freeway or other road in accordance with section 119A of the Road Management Act 2004; and

(b)the driver of the tow truck has evidence that he or she is authorised by VicRoads to tow the motor vehicle in accordance with section 119A of that Act.".

6.New regulation 36A inserted

After regulation 36 of the Transport (Tow Truck) Regulations 2005 insert—

"36A.Permissible behaviour by driver at accident scene

(1)Subject to sub-regulation (2), for the purposes of section 177(4) of the Act a tow truck driver is permitted, at an accident scene—

(a)to approach the driver of a damaged motor vehicle, or other person authorised to sign an authority to tow for the vehicle, to offer to tow the vehicle;

(b)to offer, obtain or attempt to obtain an authority to tow for a damaged motor vehicle from the driver of the vehicle or any other person authorised to sign an authority to tow for the vehicle.

(2)If an accident scene is in a controlled area, sub-regulation (1) only applies if the tow truck driver has authorisation from an Allocation Centre to attend that accident scene.".

7.Amendment to Schedule 1

In Schedule 1 to the Transport (Tow Truck) Regulations 2005 after "Signature of the person authorising the towing" insert "(if required).".

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ENDNOTES

[1] Reg. 3: S.R. No. 136/2005.