Tow Truck Industry Regulation 2008

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Tow Truck Industry Regulation 2008.

2 Commencement

This Regulation commences on 1 September 2008.

Note—

This Regulation replaces the Tow Truck Industry Regulation 1999 which is repealed on 1 September 2008 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions

(1)  In this Regulation—

exemption authority means an exemption authority granted under clause 25E.

fee unit—see clause 2 of Schedule 2.

imprisonment includes penal servitude, home detention, periodic detention or a suspended sentence of imprisonment.

owner of a motor vehicle includes the responsible person for the vehicle within the meaning of the Road Transport Act 2013.

the Act means the Tow Truck Industry Act 1998.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)  Notes included in this Regulation do not form part of this Regulation.

cl 3: Am 2009 (599), Sch 1 [1]; 2013 No 19, Sch 4.77 [1]; 2018 (746), Sch 1 [1].

4 Meaning of “tow” and “tow truck”

(1)  In accordance with paragraph (e) of the definition of tow in section 3 (1) of the Act, tow includes tow by use of a rigid frame, rigid bar or similar device.

(2)  In accordance with section 4 (2) of the Act, car carriers are declared not to be tow trucks for the purposes of the Act.

(3)  In subclause (2)—

car carrier means a motor vehicle combination that is designed or adapted for use for the transport of motor vehicles, being a combination—

(a)  that is not equipped or fitted with any lifting equipment (whether portable or fixed) to load the motor vehicles to be transported, and

(b)  onto which the motor vehicles to be transported are loaded by travelling along a ramp under their own propulsion.

Part 2 Licences and drivers certificates

Division 1 Provisions relating to licences

5 Particulars to be included in licence applications

For the purposes of section 17 (2) (g) of the Act, the following particulars are prescribed—

(a)  if the applicant is an individual—the name of the applicant (including any aliases by which the applicant is or was known), and the applicant’s current residential address and date of birth,

(b)  if the applicant is a corporation—the name of the corporation, the name and residential address of each director, the address of the registered office of the corporation (if different from the applicant’s place of business) and the certificate of incorporation,

(c)  in the case of a business that is to be carried on in partnership—the name of the partnership and the name, current residential address and date of birth of each partner,

(d)  the trading name (if any) of the business that is to be operated under the authority of the licence and evidence that it has been registered as a registered business name,

(e)  the name, current residential address and date of birth of each person who is employed or engaged by the applicant to drive, use or operate tow trucks as part of the applicant’s business,

(f)  the name, current residential address and date of birth of each close associate of the applicant (including any aliases by which the close associate is or was known),

(g)  proof that the applicant owns or is the lessee of any place specified for use as a holding yard in carrying on the applicant’s business,

(h)  proof that the applicant has obtained public liability insurance and “on-hook” liability insurance (unless the applicant would be exempt from the requirement to hold such insurance in accordance with clause 12).

Note—

Under section 17 (2) (g) of the Act, an application for a licence must also contain such other particulars as are required by the approved application form.

6 Application for licence

(1)  In this clause, licence application fee means the fee referred to in section 17 (2) (h) of the Act.

(2)  The Secretary may refuse to determine an application for a licence until the licence application fee is paid.

(3)  If the application is made in respect of a business carried on in partnership, a single licence application fee is payable.

(4)  A licence application fee is non-refundable.

cl 6: Am 2017 No 22, Sch 1.23 [2].

7 Offences that disqualify applicants for licences

(1)  For the purposes of section 18 (2) (b) and (3) (i) of the Act, the following offences are prescribed (regardless of whether they were committed in New South Wales)—

(a)  any offence involving an assault of any kind against a person,

(b)  any offence relating to the possession or use of a firearm or imitation firearm (within the meaning of the Firearms Act 1996) or other weapon,

(c)  any offence involving the supply or possession of a prohibited drug, or the cultivation (for a commercial purpose), supply or possession of a prohibited plant, within the meaning of the Drug Misuse and Trafficking Act 1985,

(d)  any offence involving fraud, dishonesty or stealing,

(e)  any offence involving robbery (whether armed or otherwise),

(f)  any offence involving the recruitment of another person to carry out or assist in carrying out a criminal activity within the meaning of section 351A of the Crimes Act 1900,

(g)  any offence involving participation in a criminal group or participation in any criminal activity of a criminal group within the meaning of Division 5 of Part 3A of the Crimes Act 1900,

being an offence in respect of which the penalty imposed was imprisonment, an intensive correction order, a community correction order under section 8 (1) of the Crimes (Sentencing Procedure) Act 1999 that is subject to a condition requiring the person to perform community service work for 100 hours or more, a direction under a community service order that the offender perform community service work for 100 or more hours or a monetary penalty of $1,000 or more, or a combination of any of those penalties.

(2)  However, if in the case of an applicant for a subsequent licence, the applicant, or a close associate of the applicant, was convicted of an offence specified in subclause (1)—

(a)  before 1 December 2006 (being the commencement date of the Tow Truck Industry Amendment (Miscellaneous) Regulation 2006), and

(b)  in respect of which the only penalty imposed was a direction under a community service order that the offender perform community service work for 100 or more hours,

that offence is not, in so far as the application is concerned, a prescribed offence for the purposes of section 18 (2) (b) and (3) (i) of the Act.

(3)  In subclause (2), applicant for a subsequent licence means a person who applies for a licence before, or within 10 days of, the expiry of his or her licence.

cl 7: Am 2010 No 40, Sch 3.26 [1]; 2017 No 53, Sch 4.28.

8 Qualifications of tow truck operators

(1)  The Secretary may determine competency standards in relation to tow truck operators. The standards may include levels of accreditation.

(2)  The standards may be developed by the Secretary in consultation with the tow truck industry, or be prepared by any other person or body and endorsed by the Secretary.

(3)  If the Secretary determines any such competency standards, the standards must be published in the Gazette.

(4)  For the purposes of section 18 (3) (g) of the Act, any competency standards determined by the Secretary and published in the Gazette are prescribed.

cl 8: Am 2017 No 22, Sch 1.23 [2].

9 Additional grounds for refusing licence application

For the purposes of section 18 (4) of the Act, an application for a licence may be refused if—

(a)  any close associate of the applicant has, within the period of 10 years before the application for the licence was made—

(i)  been refused a licence, or

(ii)  had his or her licence permanently revoked, or

(iii)  been the subject of disciplinary action under Division 4 of Part 3 of the Act that resulted in the close associate being disqualified from holding a licence or having his or her licence suspended or permanently revoked, or

(b)  the Secretary reasonably believes that information given in the licence application is false or misleading.

10 Payment of licence fee

(1)  In this clause, licence fee means the fee referred to in section 21 of the Act.

(2)  The Secretary may refuse to grant a licence until the licence fee is paid.

(3)  If a licence is granted in respect of a business carried on in partnership, a single licence fee is payable for the licence.

cl 10: Am 2017 No 22, Sch 1.23 [2].

11 Licence conditions

For the purposes of section 20 (2) (l) of the Act, the following conditions are prescribed—

(a)  the licensee must ensure that each person who is employed or engaged by the licensee to drive a licensed tow truck is provided with, and is given an opportunity to read, a copy of an approved summary of the Act and this Regulation,

(b)  the licensee must explain to each such person the provisions of the approved summary,

(c)  the licensee must ensure that each person who is employed or engaged by the licensee to drive a licensed tow truck signs and dates a written declaration to the effect that the person understands his or her obligations under the Act and this Regulation,

(d)  the licensee must sign and date a written declaration to the effect that the licensee has complied with the conditions referred to in paragraphs (a)–(c),

(e)  the licensee must keep each such signed declaration at the licensee’s place of business for such time as the person remains employed or engaged by the licensee and for a period of 2 years from the date that the person ceases employment with, or was last engaged by, the licensee,

(f)  the licensee must produce a copy of any such signed declaration on request to an authorised officer or send a copy to the Secretary on receipt of a notice in writing by the Secretary,

(g)  the licensee must ensure that each driver complies with any directions of the Secretary relating to the wearing or use of clothing or equipment for protection or safety purposes,

(h)  the licensee must keep a record of the registration details of each tow truck operated by the licensee,

(i)  except as provided by clause 54, the licensee may only operate under the authority of the licence the licensed tow trucks that are specified in the licence,

(j)  the licensee must hold public liability and “on-hook” liability insurance.

12 Exemption from “on-hook” liability insurance requirement

A licensee is exempt from the requirement, under clause 11 (j), that the licensee maintain “on-hook” liability insurance in respect of any tow truck that is used, or intended to be used, solely for towing motor vehicles for the purposes of metal recycling or vehicle demolishing or dismantling by a vehicle-wrecker.

13 Exemption from certain licence conditions for tow trucks registered interstate

(1)  This clause applies to a licensee who intends to operate tow trucks that are registered outside New South Wales.

(2)  A licensee to which this clause applies is exempt from the provisions of section 20 (2) (e) of the Act, but only if the licensee ensures that each licensed tow truck displays, on the front and back of the tow truck in an approved manner, and so as to be clearly legible, a sign approved for the purposes of this clause.

Division 2 Provisions relating to drivers certificates

14 Particulars to be included in drivers certificate applications

For the purposes of section 25 (2) (b) of the Act, the following particulars are prescribed—

(a)  the name of the applicant (including any aliases by which the applicant is or was known), and the applicant’s current residential address and date of birth,

(b)  if applicable, the name and licence number of the applicant’s current or prospective employer,

(c)  a recent colour photograph (as specified in the approved application form) of the applicant’s head and shoulders only, that clearly shows the applicant’s face.

Note—

Under section 25 (2) (b) of the Act, an application for a drivers certificate must also contain such other particulars as are required by the approved application form.

15 Application for drivers certificate

(1)  In this clause, drivers certificate application fee means the fee referred to in section 25 (2) (c) of the Act.

(2)  The Secretary may refuse to determine an application for a drivers certificate until the drivers certificate application fee is paid.

(3)  A drivers certificate application fee is non-refundable.

cl 15: Am 2017 No 22, Sch 1.23 [2].

16 Offences that disqualify applicants for drivers certificates

(1)  For the purposes of section 26 (2) (b) of the Act, the following offences are prescribed (regardless of whether they were committed in New South Wales)—

(a)  any offence involving an assault of any kind against a person,

(b)  any offence relating to the possession or use of a firearm or imitation firearm (within the meaning of the Firearms Act 1996) or other weapon,

(c)  any offence involving the supply or possession of a prohibited drug, or the cultivation (for a commercial purpose), supply or possession of a prohibited plant, within the meaning of the Drug Misuse and Trafficking Act 1985,

(d)  any offence involving fraud, dishonesty or stealing,

(e)  any offence involving robbery (whether armed or otherwise),

(f)  any offence involving the recruitment of another person to carry out or assist in carrying out a criminal activity within the meaning of section 351A of the Crimes Act 1900,

(g)  any offence involving participation in a criminal group or participation in any criminal activity of a criminal group within the meaning of Division 5 of Part 3A of the Crimes Act 1900,

being an offence in respect of which the penalty imposed was imprisonment, a direction under a community service order that the offender perform community service work for 100 or more hours or a monetary penalty of $1,000 or more, or a combination of any of those penalties.

(2)  However, if in the case of an applicant for a subsequent drivers certificate, the applicant, or a close associate of the applicant, was convicted of an offence specified in subclause (1)—

(a)  before 1 December 2006 (being the commencement date of the Tow Truck Industry Amendment (Miscellaneous) Regulation 2006), and

(b)  in respect of which the only penalty imposed was a direction under a community service order that the offender perform community service work for 100 or more hours,

that offence is not, in so far as the application is concerned, a prescribed offence for the purposes of section 26 (2) (b) of the Act.

(3)  In subclause (2), applicant for a subsequent drivers certificate means a person who applies for a drivers certificate before, or within 10 days of, the expiry of his or her drivers certificate.

17 Qualifications of tow truck drivers

(1)  The Secretary may determine competency standards in relation to tow truck drivers. The standards may include levels of accreditation.

(2)  The standards may—

(a)  be developed by the Secretary in consultation with the tow truck industry, or

(b)  be prepared by any other person or body and endorsed by the Secretary.

(3)  If the Secretary determines any such competency standards, the standards must be published in the Gazette.

(4)  For the purposes of section 26 (3) (b) of the Act, any competency standards determined by the Secretary and published in the Gazette are prescribed.

cl 17: Am 2017 No 22, Sch 1.23 [2].

18 Additional grounds for refusing application for drivers certificate

(1)  For the purposes of section 26 (4) of the Act, the grounds on which an application for a drivers certificate must be refused include any case in which—

(a)  the applicant has been disqualified from holding a driver licence, or

(b)  the applicant’s driver licence has been suspended or cancelled (other than for fine default under the Fines Act 1996),

on more than one occasion during the period of 3 years immediately before the application for the driver certificate was made.

(2)  For the purposes of subclause (1), it does not matter that any of the periods of disqualification, suspension or cancellation occurred during only part of the 3-year period.

19 Particulars on drivers certificate

For the purposes of section 28 (2) (d) of the Act, a drivers certificate must contain the following particulars—

(a)  the expiry date of the certificate,

(b)  the driver licence number of the certified driver.

20 Conditions of drivers certificate

For the purposes of section 29 (2) (c) of the Act, the following conditions are prescribed—

(a)  the certified driver must comply with any directions of the Secretary relating to the wearing or use of clothing or equipment for protection or safety purposes,

(b)  the certified driver must, before towing a motor vehicle, ensure that the type of tow truck intended to be used is suitable for towing that particular motor vehicle.

21 Payment of drivers certificate fee

The Secretary may refuse to grant a drivers certificate until the fee referred to in section 30 of the Act is paid.

cl 21: Am 2010 No 40, Sch 3.26 [2]; 2017 No 22, Sch 1.23 [2].

Division 3 General provisions

22 Variation of licence conditions

If a licensee or certified driver applies for an amendment of the licence or drivers certificate concerned in accordance with section 35 of the Act, the Secretary may charge the applicant a fee of 0.57 fee units in respect of the application.

cl 22: Am 2013 (222), Sch 1 [1]; 2014 (295), Sch 1 [1]; 2015 (227), Sch 1 [1]; 2016 (348), Sch 1 [1]; 2017 (248), Sch 1 [1]; 2018 (746), Sch 1 [2].

23 Refund of fees if licence or drivers certificate voluntarily surrendered

(1)  If a licensee or certified driver voluntarily surrenders the licence or drivers certificate in accordance with section 40 of the Act, the Secretary may, but is not required to, refund part of the fee paid for the granting of the licence or drivers certificate. The amount to be refunded is to be determined by the Secretary.

(2)  In determining the amount of any such refund, the Secretary may retain an administration fee of 0.57 fee units.

cl 23: Am 2013 (222), Sch 1 [2]; 2014 (295), Sch 1 [1]; 2015 (227), Sch 1 [1]; 2016 (348), Sch 1 [1]; 2017 (248), Sch 1 [1]; 2018 (746), Sch 1 [2].

24 Pending application for subsequent licence or drivers certificate

If—

(a)  a person who is the holder of a licence or drivers certificate (the current licence or drivers certificate) applies for a subsequent licence or drivers certificate before the term of the current licence or drivers certificate expires, and

(b)  the person has paid the relevant application fee for the subsequent licence or drivers certificate, and

(c)  the application has not been dealt with by the time the current licence or drivers certificate expires,

the authority conferred by the current licence or drivers certificate continues until 90 days after the expiry of the current licence or drivers certificate, or until such time as the person is notified of the granting or refusal of the subsequent licence or drivers certificate, whichever is the sooner.

25 Furnishing of information

A person who is the holder of a licence or drivers certificate must notify the Secretary in writing of the following, as soon as practicable after it occurs—

(a)  any change in the person’s residential address,

(b)  any change in the person’s postal address,

(c)  any change in the status of the person’s driver licence.

Maximum penalty—5 penalty units.

Division 4 Exemption for persons who tow scrap metal

Subdivision 1 Exemption from requirement to hold a licence

pt 2, div 4, sdivs 1–3 (cll 25A–25C): Ins 2009 (599), Sch 1 [2].

25A Exemption from requirement to hold a licence

(1)  A person who carries on a business as a tow truck operator is exempt from the requirement under section 15 of the Act to hold a licence if—

(a)  the only towing work that tow trucks used in the business engage in is the collection of motor vehicles for conveyance to a scrap metal facility (that is, no tow trucks are used in towing work that involves the collection of motor vehicles for conveyance to a facility for repair, reuse or resale, either in their original form or as parts), and

(b)  the person holds an exemption authority that is in force, and

(c)  the person complies with the conditions in subclause (2).

Note—

A person who is exempt from the requirement under the Act to hold a licence because of this clause continues to be subject to the remainder of the Act.

(2)  An exemption authority is subject to the following conditions—

(a)  a copy of the exemption authority must be carried at all times in each tow truck used in the business of the person who holds the exemption authority (the business),

(b)  the approved signs issued with the exemption authority, or at a later time, must be displayed on the front and rear of each tow truck used in the business in positions where they are visible to persons outside the tow truck when the tow truck is being used to load, tow or unload a motor vehicle,

(c)  the person who holds the exemption authority must produce the exemption authority to an authorised officer or police officer on demand whenever the person is at the place of business specified in the exemption authority,

(d)  any tow truck used in the business must be one on which a crane is mounted,

(e)  any tow truck used in the business must not be a tilt table top tow truck,

(f)  a list of all drivers who drive a tow truck used in the business must be maintained at the place of business specified in the exemption authority,

(g)  that list of drivers must be made available to an authorised officer or police officer on request,

(h)  only persons who are on that list of drivers may drive a tow truck used in the business,

(i)  each driver who drives a tow truck used in the business must be informed of the conditions that the exemption authority is subject to (that is, the conditions set out in subclause (1) (a) and this subclause),

(j)  the Secretary must be notified in writing—

(i)  of any proposed change in the particulars specified in the exemption authority, at least 7 days before the proposed change occurs, and

(ii)  of the name of any driver who is proposed to drive a tow truck used in the business, in addition to the drivers nominated in the application for an exemption authority,

(iii)  of the registration number, make and model of any tow truck proposed to be operated in the course of the applicant’s business in addition to any tow truck nominated in the application for an exemption authority,

(k)  a record of all motor vehicles transported on a tow truck used in the business must be maintained at the place of business specified in the exemption authority and must be made available to a police officer or an authorised officer on request,

(l)  that record must include the following details in relation to each motor vehicle towed—

(i)  the time and date on which the motor vehicle was towed,

(ii)  details of where the motor vehicle was towed from and the destination of the tow,

(iii)  the following identification details—

(A)  the registration number of the motor vehicle, or

(B)  if there is no registration number—the chassis number or the engine number of the vehicle, or

(C)  if there is no registration number, chassis number or engine number or such numbers are obscured—the make, model and colour of the motor vehicle,

(m)  that record—

(i)  must be in the approved form, and

(ii)  must be completed as soon as practicable in relation to each occasion on which a tow truck is used or operated in the business to tow a motor vehicle,

(n)  each such record must be maintained at the place of business specified in the exemption authority for 5 years,

(o)  the person who holds the exemption authority must not—

(i)  forge or fraudulently alter an exemption authority (whether or not it is in force), or

(ii)  give possession of an exemption authority to another person for the purpose of using it, or it being used, unlawfully, or

(iii)  knowingly have possession of a forged or fraudulently altered exemption authority,

(p)  the person who holds the exemption authority must, within 7 days of becoming aware that the exemption authority has been lost, stolen, damaged, destroyed, altered or defaced—

(i)  notify the Secretary in writing of that occurrence, and

(ii)  in the case of a damaged, altered or defaced exemption authority—return it to the Secretary,

(q)  the person who holds the exemption authority must not in any way suggest or imply that the person may, because of the exemption authority, exercise any function apart from a function authorised by the exemption authority (and must not exercise a function authorised by the exemption authority otherwise than in accordance with subclause (1) (a) and this subclause),

(r)  a driver who drives a tow truck used in the business must not in any way suggest or imply that the driver may, because of the exemption authority, exercise any function apart from a function authorised by the exemption authority (and must not exercise the function authorised by the exemption authority otherwise than in accordance with the conditions of the exemption authority),

(s)  the person who holds the exemption authority must not in any way use or attempt to use the exemption authority to exercise any function apart from a function authorised by the exemption authority,

(t)  a driver who drives a tow truck used in the business must not in any way use or attempt to use the exemption authority to exercise any function apart from a function authorised by the exemption authority.

(3)  A person who holds an exemption authority is guilty of an offence if any condition of the exemption authority is contravened.

Maximum penalty—25 penalty units.

(4)  A person who drives a tow truck used in the business of a person who holds an exemption authority is guilty of an offence if any condition of the exemption authority specified in subclause (2) (b), (r) or (t) is contravened by that driver.

Maximum penalty—25 penalty units.

pt 2, div 4, sdivs 1–3 (cll 25A–25C): Ins 2009 (599), Sch 1 [2].

Subdivision 2 Exemption from requirement to hold a drivers certificate

pt 2, div 4, sdivs 1–3 (cll 25A–25C): Ins 2009 (599), Sch 1 [2].

25B Exemption from requirement to hold a drivers certificate

(1)  A person who—

(a)  is employed or engaged by a tow truck operator who holds an exemption authority, and

(b)  was nominated to the Secretary in the application for that exemption authority or at a later time and is included on the list required to be maintained by clause 25A (2) (f), and

(c)  complies with the condition in subclause (2),

is, in relation to the tow truck operator’s business, exempt from the requirement under section 23 of the Act to hold a drivers certificate.

Note—

A person who is exempt from the requirement under the Act to hold a drivers certificate because of this clause continues to be subject to the remainder of the Act.

(2)  The exemption created by subclause (1) is subject to the condition that a person must produce a copy of the relevant tow truck operator’s exemption authority to an authorised officer or police officer on demand whenever the person is—

(a)  driving or standing a tow truck on a road or road related area, or

(b)  carrying out, or attempting to obtain, any towing work.

pt 2, div 4, sdivs 1–3 (cll 25A–25C): Ins 2009 (599), Sch 1 [2].

Subdivision 3 Exemption authorities

pt 2, div 4, sdivs 1–3 (cll 25A–25C): Ins 2009 (599), Sch 1 [2].

25C Application for exemption authority

(1)  A tow truck operator may apply to the Secretary for an exemption authority.

(2)  An application for an exemption authority must be in the approved form and contain the following—

(a)  if the applicant is an individual—the name of the applicant, the applicant’s current residential address and date of birth,

(b)  if the applicant is a corporation—the name of the corporation, the name of each director or manager involved in the business of the applicant, the address of the registered office of the corporation (if different from the applicant’s place of business) and details of the incorporation of the corporation,

(c)  if the applicant’s business is carried on in partnership—the name of the partnership and the name, current residential address and date of birth of each partner,

(d)  if the applicant’s business has a trading name—details of that trading name and evidence that it has been registered as a registered business name,

(e)  the address of the applicant’s place of business,

(f)  particulars of the tow truck operator’s business or of the business the tow truck operator proposes to carry on,

(g)  the registration number, make and model of each of the tow trucks to be operated in the course of the applicant’s business,

(h)  the name, driver licence number and date of birth of each person who is employed or engaged by the applicant to drive, use or operate tow trucks to tow motor vehicles as part of the applicant’s business,

(i)  the name and date of birth of each close associate of the applicant (including any aliases by which the close associate is or was known),

(j)  proof that the applicant holds public liability insurance for the applicant’s business,

(k)  any other particulars that are required by the approved form.

(3)  The application must be accompanied by the application fee determined by the Secretary by order published in the Gazette.

Note—

An applicant for an exemption authority commits an offence under section 307A of the Crimes Act 1900 if the applicant makes a false or misleading statement in the application.

(4)  For the purposes of this clause, a person is a close associate of an applicant for an exemption authority (whether or not that applicant is a corporation), if the person—

(a)  holds or will hold any relevant financial interest, or exercises any relevant power (whether in his or her own right, or through an agent or on behalf of any other person), in the business of the applicant, and by virtue of that interest or power is or will be able (in the opinion of the Secretary) to exercise a significant influence over or with respect to the conduct of that business, or

(b)  holds or will hold any relevant position, whether in his or her own right, or through an agent or on behalf of any other person, in the business of the applicant.

(5)  In this clause—

relevant financial interest in relation to a business means—

(a)  any share in the capital of the business, or

(b)  any entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise.

relevant position means the position of director, manager, and any other executive position and secretary, however those positions are designated.

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

(a)  to participate in the day to day management of the business concerned, or

(b)  to participate in any directorial, managerial or executive decision, or

(c)  to elect or appoint any person to any relevant position.

pt 2, div 4, sdivs 1–3 (cll 25A–25C): Ins 2009 (599), Sch 1 [2].

25D Restrictions on granting exemption authority

The Secretary must refuse to grant an application for a exemption authority if—

(a)  the applicant will, in the opinion of the Secretary, be engaged in towing work that involves the collection of motor vehicles for conveyance to a facility for repair, reuse or resale, either in their original form or as parts, or

(b)  the applicant is not, in the opinion of the Secretary, a fit and proper person to hold an exemption authority or is otherwise not competent to engage in the collection of motor vehicles for conveyance to a scrap metal facility, or

(c)  the application is incomplete in a material particular, or

(d)  the application contains matter that is, in the opinion of the Secretary, false or misleading in a material particular, or

(e)  any tow truck to be operated in the course of the applicant’s business does not have a crane mounted on it, or

(f)  any tow truck to be operated in the course of the applicant’s business is a tilt table top tow truck.

cll 25D: Ins 2009 (599), Sch 1 [2]. Am 2017 No 22, Sch 1.23 [2].

25E Grant of exemption authority

(1)  The Secretary may determine an application for an exemption by granting an exemption authority or refusing the application.

(2)  An exemption authority must be in the approved form.

(3)  The Secretary, on granting an exemption authority, must issue 2 signs, in the approved form, for each tow truck nominated by the applicant pursuant to clause 25C (2) (g).

cll 25E: Ins 2009 (599), Sch 1 [2]. Am 2017 No 22, Sch 1.23 [2].

25F Duration of exemption authority

An exemption authority continues in force for 2 years from the date on which it was granted or such shorter period as may be specified in the authority, unless it is sooner revoked under clause 25G.

cl 25F: Ins 2009 (599), Sch 1 [2].

25G Revocation of exemption authority

The Secretary may revoke an exemption authority if the person who holds the authority or any person employed or engaged by the holder for the purposes of the holder’s business—

(a)  has contravened any provision of the Act or this Regulation, or

(b)  has contravened any condition of the exemption authority specified in clause 25A (1) (a) or (2).

cl 25G: Ins 2009 (599), Sch 1 [2]. Am 2017 No 22, Sch 1.23 [2].

25H Proposed changes in particulars to be reflected in replacement exemption authority

If the Secretary has been notified of a change in the particulars specified in the exemption authority, the Secretary may approve the proposed change of particulars by amending the exemption authority and granting a replacement exemption authority.

cll 25H–25J: Ins 2009 (599), Sch 1 [2].

25I Proposed additional tow truck to be provided with additional signs

If the Secretary has been notified of a proposed additional tow truck to be used in the course of the business of the holder of an exemption authority, the Secretary may approve the additional tow truck and issue 2 signs, in the approved form, for each such tow truck.

cll 25H–25J: Ins 2009 (599), Sch 1 [2].

25J Requirement to return exemption authority

If an exemption authority is revoked or has expired, the person who holds the exemption authority must immediately return the exemption authority, and all approved signs issued to the holder, to the Secretary.

Maximum penalty—15 penalty units.

cll 25H–25J: Ins 2009 (599), Sch 1 [2].

25K Register of holders of exemption authority

The Secretary is to maintain a register of the persons who hold exemption authorities.

cl 25K: Ins 2009 (599), Sch 1 [2]. Am 2017 No 22, Sch 1.23 [2].

Part 3 Towing authorisations

26 Definition

In this Part—

towing authorisation book means a book, comprising approved towing authorisation forms, issued by the Secretary.

27 Exception from requirement to obtain towing authorisations for towing work

In accordance with section 49 (2) (b) of the Act, a person is not required to obtain a towing authorisation for towing work if—

(a)  an authorised officer has indicated to the person that a towing authorisation is not required for the towing work, and

(b)  the towing is carried out in accordance with the directions of the authorised officer.

28 Requirement to leave accident scene once towing authorisations obtained

If, in relation to an accident involving one or more motor vehicles, a person or persons have obtained the required towing authorisations, any other person who has attended the scene of the accident for the purpose of obtaining towing work by the use of a tow truck (but who has not obtained a towing authorisation) must not remain at the scene of the accident.

Maximum penalty—50 penalty units.

29 Persons who may give towing authorisations

A towing authorisation for the towing of a motor vehicle by a tow truck may only be given by—

(a)  the owner or driver of the motor vehicle to be towed, or

(b)  a police officer, or

(c)  an authorised officer.

30 Completion of, and dealing with, towing authorisations

For the purposes of section 51 (4) of the Act, a person who obtains a towing authorisation must ensure—

(a)  that the authorisation—

(i)  is in the approved form, and

(ii)  is included in a towing authorisation book, and

(iii)  is signed by the person and by the person giving the authorisation, and

(iv)  specifies a place as the place to which the motor vehicle is to be towed, and

(v)  is otherwise completed (to the extent that is reasonably practicable in the circumstances) in the approved manner and by the insertion of the information required by the approved form, and

(b)  that the original towing authorisation and 2 copies are completed, and

(c)  that the towing authorisation used is the next available towing authorisation in order of serial number.

31 False information in towing authorisations

A person must not record anything in a towing authorisation that the person knows to be false or misleading.

Maximum penalty—20 penalty units.

32 Other requirements relating to towing authorisations

(1)  A person who obtains a towing authorisation for the towing of a motor vehicle by a tow truck must—

(a)  immediately provide a copy of the towing authorisation to the person giving the authorisation, and

(b)  within 72 hours of completing the towing work to which the towing authorisation relates, deliver the original towing authorisation to the holder of the licence under which the tow truck is operated, and

(c)  keep a copy of the towing authorisation in the towing authorisation book.

Maximum penalty—50 penalty units.

(2)  A person who obtains a towing authorisation must, before towing the motor vehicle by a tow truck, complete and attach to the motor vehicle in the approved manner a notice (the towing notice) that is in the approved form and that contains the following information—

(a)  the serial number of the towing authorisation to which the towing notice relates,

(b)  the name of the licensee and the number of the licence under which the tow truck is authorised to be operated,

(c)  the name, and drivers certificate number, of the person who obtained the towing authorisation,

(d)  the registration number of the motor vehicle to which the towing authorisation relates,

(e)  the place to which the motor vehicle is to be towed.

Maximum penalty—50 penalty units.

(3)  A person must not remove a copy of a towing notice that is attached to a motor vehicle in accordance with subclause (2) unless—

(a)  the person is the insurer of the motor vehicle, or

(b)  in any case where the motor vehicle is not insured—the person is the owner or driver of the motor vehicle, or

(c)  the person is acting under the written authority of a person referred to in paragraph (a) or (b).

Maximum penalty—50 penalty units.

(4)  A licensee must ensure that each tow truck driver who is employed or engaged by the licensee complies with the requirements of this clause.

Maximum penalty—50 penalty units.

33 Towing authorisation books

(1)  The Secretary may, on application by a licensee and on payment of the approved fee, issue the licensee with a towing authorisation book for each tow truck operating under the licence.

(2)  A licensee must provide a towing authorisation book to each certified driver carrying out towing work under the licence that requires a towing authorisation.

Maximum penalty—25 penalty units.

(3)  A certified driver must not carry out any towing work that requires a towing authorisation unless the driver is in possession of a towing authorisation book.

Maximum penalty—15 penalty units.

(4)  A certified driver must produce any towing authorisation book in the driver’s possession for inspection on demand by an authorised officer or police officer and allow the person to whom it is produced to take extracts from, or to make copies of, any entry in that book.

Maximum penalty—15 penalty units.

(5)  As soon as a certified driver completes a towing authorisation book, the driver must deliver the book to the licensee who gave it to the driver.

Maximum penalty—15 penalty units.

cl 33: Am 2017 No 22, Sch 1.23 [2].

34 Keeping and production of towing authorisations

(1)  A copy of any towing authorisation received by a licensee must be provided by the licensee to the Secretary within 28 days of the towing authorisation being completed.

Maximum penalty—5 penalty units.

(2)  A licensee must—

(a)  keep the following for at least 5 years at the licensee’s place of business as specified in the licence—

(i)  the original of each completed towing authorisation that relates to a tow truck operated under the licence,

(ii)  any towing authorisation book that has been issued to the licensee, and

(b)  immediately on demand by an authorised officer or a police officer, produce for inspection any such towing authorisation or towing authorisation book kept by the licensee or any copy of such an authorisation to which the licensee has reasonable access, and

(c)  allow the person to whom such a towing authorisation or towing authorisation book is produced to take extracts from, or to make copies of, the authorisation or book or to remove the authorisation or book for the purposes of evidence.

Maximum penalty—20 penalty units.

(3)  If a licence expires or is revoked or surrendered, the person to whom the licence was issued must return to the Secretary within 7 days of the expiration, revocation or surrender—

(a)  any completed original towing authorisation that has been delivered to the person, and

(b)  any towing authorisation books supplied to the person, and

(c)  any towing notice that has not been completed.

Maximum penalty—20 penalty units.

Part 4 Holding yards

35 Location of holding yards

It is a condition of a licence that any holding yard of the licensee must, unless otherwise approved, be located no more than 10 kilometres from the licensee’s place of business.

36 Security requirements

(1)  Except as provided by subclause (2), a licensee must ensure that any holding yard of the licensee—

(a)  is surrounded by a security fence that is not less than 2 metres high and that has gates with locks, and

(b)  has flood lighting installed, and

(c)  has an approved security alarm system installed.

Maximum penalty—5 penalty units.

(2)  The Secretary may, by notice in writing, exempt a licensee from any requirement under subclause (1). Such an exemption may be granted subject to the condition that the licensee comply with a requirement specified in the notice.

(3)  A licensee must ensure that the security fence surrounding any holding yard of the licensee is properly maintained and, if damaged, is repaired as soon as possible.

Maximum penalty—5 penalty units.

cl 36: Am 2017 No 22, Sch 1.23 [2].

37 Storage capacity

It is a condition of a licence that any holding yard of the licensee is capable of storing any motor vehicle towed under the authority of the licence to the holding yard.

38 Access to holding yard

It is a condition of a licence that any holding yard of the licensee is accessible at all times by each licensed tow truck operated by the licensee.

39 Holding yard register

(1)  It is a condition of a licence that the licensee must keep a register (the holding yard register) in the approved form and manner, and in accordance with this clause, in relation to any holding yard of the licensee.

(2)  The following particulars are to be recorded in the holding yard register—

(a)  the time and date on which each motor vehicle is towed into and out of the holding yard,

(b)  the name of the tow truck driver who towed the motor vehicle to the holding yard,

(c)  the name and contact details of the person who authorised the release of the motor vehicle from the holding yard,

(d)  the make, model, type and colour of the motor vehicle,

(e)  the registration number of the motor vehicle, or, if there is no registration number, the chassis number or the engine number (if any) of the vehicle,

(f)  the serial number of the towing authorisation obtained in relation to the motor vehicle.

(3)  The holding yard register is to contain a copy of any written authorisation for the release of a motor vehicle from the holding yard that is received by the licensee.

40 Certain operators not required to maintain a holding yard

(1)  Nothing in the Act requires the following tow truck operators to maintain a holding yard—

(a)  a tow truck operator who only operates tow trucks with a gross combination mass of 25 tonnes or more,

(b)  a tow truck operator who operates tow trucks only for towing motor vehicles for the purposes of metal recycling or vehicle demolishing or dismantling by a vehicle-wrecker.

(2)  A person towing a motor vehicle for any such tow truck operator is exempt from section 51 (3) of the Act.

Part 4A Fees for towing, salvage, storage and related services

Note—

This Part makes provision for the fees that may be charged for the towing, salvage or storage of a motor vehicle that has been involved in an accident or has been stolen. It does not apply to towing work involving motor vehicles that have broken down otherwise than as a result of an accident.

pt 4A: Ins 2009 (598), Sch 1.

Division 1 Preliminary

pt 4A, div 1: Ins 2009 (598), Sch 1.

40A Application

This Part applies to the charging of fees by a licensee or certified driver only for the towing, salvage or storage of a motor vehicle that has been involved in an accident or has been stolen.

cl 40A: Ins 2009 (598), Sch 1.

40B Definitions

In this Part—

approved Class 3 conventional tow truck means a tow truck—

(a)  that has a gross combination mass of more than 18 tonnes but no more than 25 tonnes, and

(b)  that has lifting apparatus with a safe working load of 5 tonnes or more, and

(c)  that cannot tow motor vehicles with a mass exceeding 12 tonnes.

approved Class 4 (A) conventional tow truck means a tow truck—

(a)  that has a gross combination mass of more than 25 tonnes but no more than 45 tonnes, and

(b)  that has lifting apparatus with a safe working load of 5 tonnes or more, and

(c)  that can tow motor vehicles with a mass exceeding 12 tonnes, and

(d)  that has a dual rear axle, and

(e)  that has a power-operated winch, and

(f)  that has air brakes that can be connected to the brakes of any motor vehicle being towed.

approved Class 4 (B) conventional tow truck means a tow truck—

(a)  that has a gross combination mass of more than 45 tonnes but no more than 60 tonnes, and

(b)  that has lifting apparatus with a safe working load of 5 tonnes or more, and

(c)  that can tow motor vehicles with a mass exceeding 12 tonnes, and

(d)  that has a dual rear axle, and

(e)  that has a power-operated winch, and

(f)  that has air brakes that can be connected to the brakes of any motor vehicle being towed.

approved Class 4 (C) conventional tow truck means a tow truck—

(a)  that has a gross combination mass of more than 60 tonnes, and

(b)  that has lifting apparatus with a safe working load of 5 tonnes or more, and

(c)  that can tow motor vehicles with a mass exceeding 12 tonnes, and

(d)  that has a dual rear axle, and

(e)  that has a power-operated winch, and

(f)  that has air brakes that can be connected to the brakes of any motor vehicle being towed.

business day means any day other than a Saturday, a Sunday or a public holiday throughout New South Wales.

gross combination mass has the same meaning as in the Road Transport Act 2013.

gross vehicle mass has the same meaning as in the Road Transport Act 2013.

heavy motor vehicle means a motor vehicle that has a gross vehicle mass of more than 4.5 tonnes.

licensee’s holding yard means a holding yard specified in the licence of a licensee.

light motor vehicle means a motor vehicle that is not a heavy motor vehicle.

Sydney metropolitan area means the local government areas of Ashfield, Auburn, Bankstown, Blacktown, Blue Mountains, Botany Bay, Burwood, Camden, Campbelltown, Canada Bay, Canterbury, Fairfield, Hawkesbury, Holroyd, Hornsby, Hunter’s Hill, Hurstville, Kogarah, Ku-ring-gai, Lane Cove, Leichhardt, Liverpool, Manly, Marrickville, Mosman, North Sydney, Parramatta, Penrith, Pittwater, Randwick, Rockdale, Ryde, Strathfield, Sutherland, Sydney, The Hills, Warringah, Waverley, Willoughby and Woollahra.

cl 40B: Ins 2009 (598), Sch 1. Am 2010 (302), Sch 1 [1] [2]; 2013 No 19, Sch 4.77 [2].

Division 2 Maximum fees for towing work involving light motor vehicles

pt 4A, div 2: Ins 2009 (598), Sch 1.

40C Maximum fees for accident towing work involving light motor vehicles

The maximum fee that can be charged for any accident towing work (other than work referred to in clause 40E) involving a light motor vehicle is—

(a)  2.43 fee units, and

(b)  if the accident towing work occurs—

(i)  entirely in the Sydney metropolitan area and involves travelling a distance of more than 10 km via the most direct route from the scene of an accident to the destination specified on the towing authorisation—an additional 0.0528 fee units for every kilometre in excess of 10 km travelled via the most direct route, or

(ii)  partly or wholly outside the Sydney metropolitan area and involves travelling a distance of more than 20 km via the most direct route both in travelling from the licensee’s place of business to the scene of an accident and then to the destination specified on the towing authorisation—an additional 0.0435 fee units for every kilometre in excess of 20 km travelled via the most direct route, and

(c)  if any part of the accident towing work occurs outside the hours between 8 am and 5 pm on any business day, or on a day that is not a business day—an additional 20% of that part of the fee under paragraphs (a) and (b) that relates to the accident towing work that occurred outside those hours, and

(d)  any toll charges incurred during the towing work or travelling to the scene of the accident.

cl 40C: Ins 2009 (598), Sch 1. Am 2010 (302), Sch 1 [3]–[5]; 2011 (329), Sch 1 [1]–[3]; 2012 (249), Sch 1 [1]–[3]; 2013 (222), Sch 1 [3]–[5]; 2014 (295), Sch 1 [2]–[4]; 2015 (227), Sch 1 [2]–[4]; 2016 (348), Sch 1 [2]–[4]; 2017 (248), Sch 1 [2]–[4]; 2018 (746), Sch 1 [3]–[5].

40D Maximum fees for recovery towing work involving light motor vehicles

The maximum fee that can be charged for any towing work that involves the recovery of a light motor vehicle that has been stolen and that has not been involved in an accident is—

(a)  1.60 fee units, and

(b)  if the towing work occurs—

(i)  entirely in the Sydney metropolitan area and involves travelling a distance of more than 10 km via the most direct route from the initial location of the motor vehicle to the destination specified by the vehicle owner—an additional 0.0528 fee units for every kilometre in excess of 10 km travelled via the most direct route, or

(ii)  partly or wholly outside the Sydney metropolitan area and involves travelling a distance of more than 20 km via the most direct route both in travelling from the licensee’s place of business to the initial location of the motor vehicle and then to the destination specified by the vehicle owner—an additional 0.0435 fee units for every kilometre in excess of 20 km travelled via the most direct route, and

(c)  if any part of the towing work occurs outside the hours between 8 am and 5 pm on any business day, or on a day that is not a business day—an additional 20% of that part of the fee under paragraphs (a) and (b) that relates to the towing work that occurred outside those hours, and

(d)  any toll charges incurred during the towing work or travelling to the location of the motor vehicle.

cl 40D: Ins 2009 (598), Sch 1. Am 2010 (302), Sch 1 [4]–[6]; 2011 (329), Sch 1 [2]–[4]; 2012 (249), Sch 1 [2]–[4]; 2013 (222), Sch 1 [4]–[6]; 2014 (295), Sch 1 [3]–[5]; 2015 (227), Sch 1 [3]–[5]; 2016 (348), Sch 1 [3]–[5]; 2017 (248), Sch 1 [3]–[5]; 2018 (746), Sch 1 [4]–[6].

40E Maximum fees for subsequent tows of light motor vehicles

(1)  This clause applies if a light motor vehicle that has been involved in an accident or has been stolen is towed by a licensee or certified driver from a temporary location to which it had previously been towed by that licensee or certified driver for storage or repair to another place for storage or repair specified on the towing authorisation (called a subsequent tow in this clause).

(2)  The maximum fee that can be charged for a subsequent tow is—

(a)  0.88 fee units, and

(b)  if the subsequent towing work occurs—

(i)  entirely in the Sydney metropolitan area and involves travelling a distance of more than 10 km via the most direct route from a temporary location where the motor vehicle has been stored to the destination specified on the towing authorisation—an additional 0.0528 fee units for every kilometre in excess of 10 km travelled via the most direct route, or

(ii)  partly or wholly outside the Sydney metropolitan area and involves travelling a distance of more than 20 km via the most direct route both in travelling from the licensee’s place of business to a temporary location where the motor vehicle has been stored and then to the destination specified on the towing authorisation—an additional 0.0435 fee units for every kilometre in excess of 20 km travelled via the most direct route, and

(c)  if any part of the subsequent towing work occurs outside the hours between 8 am and 5 pm on any business day, or on a day that is not a business day—an additional 20% of that part of the fee under paragraphs (a) and (b) that relates to the towing work that occurred outside those hours, and

(d)  any toll charges incurred during the subsequent tow or while travelling to the location of the motor vehicle.

(3)  Despite subclause (2), if 2 or more light motor vehicles are carried simultaneously on a subsequent tow—

(a)  any fee for excess kilometres under subclause (2) (b) can only be applied to one motor vehicle, and

(b)  any toll incurred can only be charged under subclause (2) (d) to one motor vehicle.

cl 40E: Ins 2009 (598), Sch 1. Am 2010 (302), Sch 1 [4] [5] [7]; 2011 (329), Sch 1 [2] [3] [5]; 2012 (249), Sch 1 [2] [3] [5]; 2013 (222), Sch 1 [4] [5] [7]; 2014 (295), Sch 1 [3] [4] [6]; 2015 (227), Sch 1 [3] [4] [6]; 2016 (348), Sch 1 [3] [4] [6]; 2017 (248), Sch 1 [3] [4] [6]; 2018 (746), Sch 1 [4] [5] [7].

40F Fee cannot be charged for complying with police directions

A fee cannot be charged for towing work that is undertaken in accordance with any direction of a police officer or an authorised officer to move a light motor vehicle that is causing an unreasonable obstruction to the nearest place where it no longer causes an obstruction to traffic.

cll 40F: Ins 2009 (598), Sch 1.

40G Fee cannot be charged for time spent waiting

A separate fee cannot be charged for any time spent waiting or standing at the scene of an accident or incident involving a light motor vehicle, including any time spent waiting for the permission of a police officer or emergency service personnel for permission to remove a motor vehicle.

cll 40G: Ins 2009 (598), Sch 1.

Division 3 Maximum fees for towing work involving heavy motor vehicles

pt 4A, div 3: Ins 2009 (598), Sch 1.

40H Limitation on trucks that can charge for towing work involving heavy motor vehicles

A fee cannot be charged for accident towing work involving a heavy motor vehicle, or towing work involving the recovery of a stolen heavy motor vehicle, unless—

(a)  the relevant tow truck is an approved Class 3 conventional tow truck, an approved Class 4 (A) conventional tow truck, an approved Class 4 (B) conventional tow truck or an approved Class 4 (C) conventional tow truck, and

(b)  the relevant tow truck does not exceed its manufacturer’s gross combination mass when towing the heavy motor vehicle.

cl 40H: Ins 2009 (598), Sch 1.

40I Maximum fees for accident towing work involving heavy motor vehicles

The maximum fee that can be charged for any accident towing work involving a heavy motor vehicle is—

(a)  the following amount for the first hour of accident towing work—

(i)  2.57 fee units, for work carried out by an approved Class 3 conventional tow truck,

(ii)  2.78 fee units, for work carried out by an approved Class 4 (A) conventional tow truck,

(iii)  2.92 fee units, for work carried out by an approved Class 4 (B) conventional tow truck,

(iv)  3.71 fee units, for work carried out by an approved Class 4 (C) conventional tow truck, and

(b)  the following amount for every subsequent hour or part of an hour of accident towing work—

(i)  1.59 fee units, for work carried out by an approved Class 3 conventional tow truck,

(ii)  1.83 fee units, for work carried out by an approved Class 4 (A) conventional tow truck,

(iii)  1.96 fee units, for work carried out by an approved Class 4 (B) conventional tow truck,

(iv)  2.77 fee units, for work carried out by an approved Class 4 (C) conventional tow truck, and

(c)  if a second certified driver is required to carry out the towing work—an additional 0.65 fee units for each hour or part of an hour that the second certified driver is involved in the towing work at the scene of the accident, and

(d)  an additional 0.65 fee units for each hour or part of an hour of administrative work involved in arranging the towing of the motor vehicle or the salvage of its load or freight, payable for only one driver for each accident, and

(e)  if any part of the work occurs outside the hours between 8 am and 5 pm on any business day, or on a day that is not a business day, an additional 50% of that part of the fee calculated under paragraphs (c) and (d) that relates to the work that occurred outside those hours, and

(f)  if any additional equipment is required to complete the accident towing work and that equipment has been arranged for and paid for by the licensee or certified driver, 110% of the cost of the use of that equipment, and

(g)  any toll charges incurred during the towing work or travelling to the scene of the accident.

cl 40I: Ins 2009 (598), Sch 1. Am 2010 (302), Sch 1 [8]–[16]; 2011 (329), Sch 1 [6]–[14]; 2012 (249), Sch 1 [6]–[14]; 2013 (222), Sch 1 [8]–[16]; 2014 (295), Sch 1 [7]–[15]; 2015 (227), Sch 1 [7] [8]; 2016 (348), Sch 1 [7] [8]; 2017 (248), Sch 1 [7]–[15]; 2018 (746), Sch 1 [8]–[16].

40J Maximum fees for stolen motor vehicle recovery involving heavy motor vehicles

The maximum fee that can be charged for any towing work that involves the recovery of a heavy motor vehicle that has been stolen and that has not been involved in an accident is—

(a)  the following amount for the first hour of towing work—

(i)  2.34 fee units, for work carried out by an approved Class 3 conventional tow truck,

(ii)  2.55 fee units, for work carried out by an approved Class 4 (A) conventional tow truck,

(iii)  2.69 fee units, for work carried out by an approved Class 4 (B) conventional tow truck,

(iv)  3.48 fee units, for work carried out by an approved Class 4 (C) conventional tow truck, and

(b)  the following amount for the every subsequent hour or part of an hour of towing work—

(i)  1.59 fee units, for work carried out by an approved Class 3 conventional tow truck,

(ii)  1.83 fee units, for work carried out by an approved Class 4 (A) conventional tow truck,

(iii)  1.96 fee units, for work carried out by an approved Class 4 (B) conventional tow truck,

(iv)  2.77 fee units, for work carried out by an approved Class 4 (C) conventional tow truck, and

(c)  if a second certified driver is required to carry out the towing work—an additional 0.65 fee units for each hour or part of an hour that the second certified driver is involved in the towing work at the location from which the motor vehicle is recovered, and

(d)  an additional 0.65 fee units for each hour or part of an hour of administration work involved in arranging the towing of the motor vehicle or the salvage of its load or freight, payable for only one driver for each motor vehicle recovered, and

(e)  if any part of the work occurs outside the hours between 8 am and 5 pm on any business day, or on a day that is not a business day, an additional 50% of that part of the fee calculated under paragraphs (c) and (d) that relates to the work that occurred outside those hours, and

(f)  if any additional equipment is required to complete the towing work, salvage or site recovery and that equipment has been arranged for and paid for by the licensee or certified driver, 110% of the cost of the use of that equipment, and

(g)  any toll charges incurred during the towing work or travelling to the location of the motor vehicle.

cl 40J: Ins 2009 (598), Sch 1. Am 2010 (302), Sch 1 [12]–[20]; 2011 (329), Sch 1 [10]–[18]; 2012 (249), Sch 1 [10]–[18]; 2013 (222), Sch 1 [12]–[20]; 2014 (295), Sch 1 [11]–[19]; 2015 (227), Sch 1 [8] [9]; 2016 (348), Sch 1 [8] [9]; 2017 (248), Sch 1 [11]–[19]; 2018 (746), Sch 1 [12]–[20].

40K Stand by rate

The maximum fee that can be charged for standing by to do accident towing work involving a heavy motor vehicle, or towing work involving recovering a heavy motor vehicle that has been stolen and that has not been involved in an accident, is—

(a)  in the case of an approved Class 3 conventional tow truck—

(i)  1.29 fee units for the first hour of standing by, and

(ii)  an additional 0.80 fee units for each subsequent hour or part of an hour of standing by, or

(b)  in the case of an approved Class 4 (A) conventional tow truck with a dual rear axle—

(i)  1.39 fee units for the first hour of standing by, and

(ii)  an additional 0.9135 fee units for each subsequent hour or part of an hour of standing by, or

(c)  in the case of an approved Class 4 (B) conventional tow truck with a dual rear axle—

(i)  1.46 fee units for the first hour of standing by, and

(ii)  an additional 0.98 fee units for each subsequent hour or part of an hour of standing by, or

(d)  in the case of an approved Class 4 (C) conventional tow truck with a dual rear axle—

(i)  1.8526 fee units for the first hour of standing by, and

(ii)  an additional 1.383 fee units for each subsequent hour or part of an hour of standing by.

cl 40K: Ins 2009 (598), Sch 1. Am 2010 (302), Sch 1 [21]–[28]; 2011 (329), Sch 1 [19]–[26]; 2012 (249), Sch 1 [19]–[26]; 2013 (222), Sch 1 [21]–[28]; 2014 (295), Sch 1 [20]–[27]. Subst 2015 (227), Sch 1 [10]; 2016 (348), Sch 1 [10]; 2017 (248), Sch 1 [20]–[27]. Am 2018 (746), Sch 1 [21]–[28].

40L Fee cannot be charged for complying with police directions

A fee cannot be charged for towing work that is undertaken in accordance with any direction of a police officer or an authorised officer to move a heavy motor vehicle that is causing an unreasonable obstruction to the nearest place where it no longer causes an obstruction to traffic.

cl 40L: Ins 2009 (598), Sch 1.

Division 4 Maximum fees for certain salvage

pt 4A, div 4: Ins 2009 (598), Sch 1.

40M Fees cannot be charge for certain salvage

A fee cannot be charged for the salvage of a light motor vehicle involved in an accident that is still at the scene of the accident if the salvage is from a road or road related area.

cl 40M: Ins 2009 (598), Sch 1.

40N Maximum fees for certain salvage of light motor vehicles

The maximum fee that can be charged for the salvage of a light motor vehicle involved in an accident that is still at the scene of the accident, or that has been stolen and that has not been involved in an accident, that is not salvage from a road or road-related area is—

(a)  $0 for the first 30 minutes, and

(b)  0.62 fee units for each hour or part of an hour that a certified driver is actually involved in the salvage, after the first 30 minutes, and

(c)  if an assistant is required, 0.62 fee units for each hour or part of an hour that the assistant is actually involved in the salvage, and

(d)  if one or more additional tow trucks are required in the salvage operation, the rate applicable in clause 40C can be charged for each tow truck, and

(e)  if any part of the salvage work occurs outside the hours between 8 am and 5 pm on any business day, or on a day that is not a business day, an additional 20% of that part of the fee calculated under paragraphs (a)–(d) that relates to the work that occurred outside those hours.

cl 40N: Ins 2009 (598), Sch 1. Am 2010 (302), Sch 1 [16]; 2011 (329), Sch 1 [27]; 2012 (249), Sch 1 [14]; 2013 (222), Sch 1 [16]; 2014 (295), Sch 1 [15]; 2015 (227), Sch 1 [8]; 2016 (348), Sch 1 [11] [12]; 2017 (248), Sch 1 [28]; 2018 (746), Sch 1 [29].

40O Maximum fees for certain salvage of heavy motor vehicles

(1)  The maximum fee that can be charged for the salvage of a heavy motor vehicle involved in an accident that is still at the scene of the accident is—

(a)  $0 for the first 30 minutes, and

(b)  0.88 fee units for each hour or part of an hour that a certified driver is actually involved in the salvage, after the first 30 minutes, and

(c)  an additional 0.65 fee units for each hour or part of an hour of site administration work involved in arranging the salvage of the motor vehicle or of its load or freight, payable for only one driver for each accident, and

(d)  if any part of the salvage work or site administration work occurs outside the hours between 8 am and 5 pm on any business day, or on a day that is not a business day, an additional 50% of that part of the fee calculated under paragraphs (a)–(c) that relates to the work that occurred outside those hours, and

(e)  if any additional equipment is required to complete the salvage and that equipment has been arranged for and paid for by the licensee or certified driver, 110% of the cost of the use of that equipment.

(2)  For the purposes of determining the time involved in the salvage of a heavy motor vehicle, any time using a tow truck is not to be counted.

(3)  Subclause (1) does not prevent a licensee from charging an additional amount for any time spent using oxy-acetylene equipment, an air bag or an air jack for the salvage of a heavy motor vehicle involved in an accident that is still at the scene of the accident.

cl 40O: Ins 2009 (598), Sch 1. Am 2010 (302), Sch 1 [16] [29]; 2011 (329), Sch 1 [14] [28]; 2012 (249), Sch 1 [14] [27]; 2013 (222), Sch 1 [16] [29]; 2014 (295), Sch 1 [15] [28]; 2015 (227), Sch 1 [8] [11]; 2016 (348), Sch 1 [8] [13]; 2017 (248), Sch 1 [15] [29]; 2018 (746), Sch 1 [7] [16].

40P Stand by rate for salvage of heavy motor vehicles

The maximum fee that can be charged for standing by to do salvage work involving a heavy motor vehicle is 0.44 fee units for labour only for each hour or part of an hour.

cl 40P: Ins 2009 (598), Sch 1. Am 2010 (302), Sch 1 [30]; 2011 (329), Sch 1 [29]; 2012 (249), Sch 1 [28]; 2013 (222), Sch 1 [30]; 2014 (295), Sch 1 [29]; 2015 (227), Sch 1 [12]; 2016 (348), Sch 1 [14]; 2017 (248), Sch 1 [30]; 2018 (746), Sch 1 [30].

Division 5 Maximum fees for storage of motor vehicles damaged as a result of accident

pt 4A, div 5: Ins 2009 (598), Sch 1.

40Q Storage fees only apply to storage in licensee’s holding yard

A fee cannot be charged for the storage of a motor vehicle damaged as a result of an accident anywhere other than at the licensee’s holding yard.

cll 40Q: Ins 2009 (598), Sch 1.

40R Storage time commences when motor vehicle is registered in holding yard register

For the purposes of determining how long a motor vehicle is stored, storage does not commence until the time details of the motor vehicle are recorded in the holding yard register kept under clause 39 or the time when the motor vehicle is towed into the holding yard, whichever happens later.

cll 40R: Ins 2009 (598), Sch 1.

40S (Repealed)

cl 40S: Ins 2009 (598), Sch 1. Rep 2016 (348), Sch 1 [15].

40T Maximum storage fees for light motor vehicles

(1)  The maximum fee that can be charged for the storage of a light motor vehicle, not being a motorcycle, damaged as a result of an accident, or recovered after being stolen, and that is awaiting collection by the owner or insurer is—

(a)  for storage within the Sydney metropolitan area—0.23 fee units, or

(b)  for storage outside the Sydney metropolitan area—0.14 fee units,

for each 24 hours, or part of 24 hours.

(2)  The maximum fee that can be charged for the storage of a motorcycle damaged as a result of an accident, or recovered after being stolen, and that is awaiting collection by the owner or insurer is—

(a)  for storage within the Sydney metropolitan area—0.1225 fee units, or

(b)  for storage outside the Sydney metropolitan area—0.07 fee units,

for each 24 hours, or part of 24 hours.

cl 40T: Ins 2009 (598), Sch 1. Am 2011 (329), Sch 1 [30]; 2012 (249), Sch 1 [29]; 2013 (222), Sch 1 [31]; 2014 (295), Sch 1 [30]; 2015 (227), Sch 1 [13]. Subst 2016 (348), Sch 1 [15]; 2017 (248), Sch 1 [31]. Am 2018 (746), Sch 1 [31]–[34].

40U Maximum storage fees for heavy motor vehicles

(1)  The maximum fee that can be charged for the storage for more than 72 hours of a heavy motor vehicle is 0.97 fee units for each 24 hours, or part of 24 hours, after the first 72 hours.

(2)  A fee cannot be charged for the storage of a heavy motor vehicle that is awaiting repair at a smash repair business or is awaiting transfer to the holding yard of a smash repair business.

cl 40U: Ins 2009 (598), Sch 1. Am 2010 (302), Sch 1 [31]; 2011 (329), Sch 1 [31]; 2012 (249), Sch 1 [30]; 2013 (222), Sch 1 [32]; 2014 (295), Sch 1 [31]; 2015 (227), Sch 1 [14]; 2016 (348), Sch 1 [16]; 2017 (248), Sch 1 [32]; 2018 (746), Sch 1 [35].

40V Fee cannot be charged for relocation of a motor vehicle

A fee cannot be charged for—

(a)  placing a motor vehicle in an easily accessible location in the licensee’s holding yard or holding yards, or

(b)  any other relocation of a motor vehicle in the licensee’s holding yard or holding yards, or

(c)  the removal of a motor vehicle from a licensee’s holding yard or holding yards, or

(d)  the use of the licensee’s own equipment to make a motor vehicle in the licensee’s holding yards accessible.

cll 40V–40Y: Ins 2009 (598), Sch 1.

40W Sign must warn customers about storage fees

A licensee must display a clearly visible sign in the licensed operator’s office and the licensee’s holding yard advising of any ongoing fee for storage of motor vehicles damaged as a result of an accident, or recovered after being stolen, after the first 72 hours.

Maximum penalty—10 penalty units.

cll 40V–40Y: Ins 2009 (598), Sch 1.

40X Procedure required before storage fees can be charged

A fee cannot be charged for storage of a motor vehicle damaged as a result of an accident unless the licensee records the details of the motor vehicle in the holding yard register kept under clause 39 in chronological order at the time and on the date the vehicle is towed in or out of the licensee’s holding yard.

cll 40V–40Y: Ins 2009 (598), Sch 1.

40Y Fee for access to motor vehicle outside business hours

A licensee is not entitled to charge the owner of a motor vehicle a fee for providing access outside business hours to a motor vehicle stored at a holding yard unless the licensee has first notified the person of the fees to be charged.

Note—

Section 20 (2) (d1) of the Act makes it a condition of a licence that the licensee must allow the owner of any motor vehicle stored at any holding yard used by the licensee in the course of the licensee’s business to have reasonable access to the motor vehicle, during business hours at no charge to the owner, to collect items from the motor vehicle.

cll 40V–40Y: Ins 2009 (598), Sch 1.

Division 6 Other permissible fees

pt 4A, divs 6–8 (cll 40Z–40ZE): Ins 2009 (598), Sch 1.

40Z Maximum fees for travel time for accident towing work and stolen motor vehicle recovery involving heavy vehicles

(1)  The same maximum hourly fee as that set out in 40I (a) and (b) can be charged for any time taken to travel from a licensee’s place of business to the scene of an accident and then to the destination specified on the towing authorisation as may be charged for accident towing work, but only if that travel is via the most direct route.

(2)  The same maximum hourly fee as that set out in 40J (a) and (b) can be charged for any time taken to travel from a licensee’s place of business to the initial location of a heavy motor vehicle and then to return to the licensee’s place of business as may be charged for stolen motor vehicle recovery but only if that travel is via the most direct route.

pt 4A, divs 6–8 (cll 40Z–40ZE): Ins 2009 (598), Sch 1.

40ZA Requirements before additional fees may be charged for related services

A fee cannot be charged for any service related to towing, salvage or storage of a motor vehicle damaged as a result of an accident, or a recovered stolen motor vehicle, that is not a service for which a maximum amount is prescribed by Divisions 2–5, unless—

(a)  the licensee or certified driver provides the owner or driver of the motor vehicle with a written quotation setting out the fee for the service, and

(b)  the licensee or certified driver explains the fee to the owner or driver of the motor vehicle prior to the service for which the charge is to be made being provided, and

(c)  the related service involved the use of equipment owned by a person other than the licensee, or the provision of any service by a person other than the licensee and the fee charged is not more than the licensee was required to pay for that equipment or service, and

(d)  the licensee separately identifies and itemises details of the related service in an invoice, and

(e)  the licensee ensures that the invoice is accompanied by records (including receipts, invoices, photographs or accounts) that support the charging of the fee, and

(f)  the licensee ensures that any invoice, receipt or accounts that support the charge are available on request to the owner of the motor vehicle, the driver of the motor vehicle or an insurer of the motor vehicle before or at the time of settlement of an invoice.

pt 4A, divs 6–8 (cll 40Z–40ZE): Ins 2009 (598), Sch 1.

40ZB GST

(1)  A reference in this Part to the maximum that can be charged for towing work, salvage or storage does not include any GST payable in respect of the work, salvage or storage.

(2)  GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

pt 4A, divs 6–8 (cll 40Z–40ZE): Ins 2009 (598), Sch 1.

Division 7 Fees that are not permitted

pt 4A, divs 6–8 (cll 40Z–40ZE): Ins 2009 (598), Sch 1.

40ZC Separate fee cannot be charged for fuel

A separate fee cannot be charged for fuel costs or for payment of any fuel levy.

pt 4A, divs 6–8 (cll 40Z–40ZE): Ins 2009 (598), Sch 1.

40ZD Services that cannot be charged for separately

A separate fee cannot be charged (in addition to the maximum fee that this Part allows to be charged for towing work) for any of the following done in connection with towing work—

(a)  any work involved in cleaning glass or debris from the scene of an accident,

(b)  any work involved in cleaning a tow truck, including cleaning any fluid leaks or spills from a motor vehicle towed,

(c)  any work involved in disconnecting the battery of a motor vehicle towed,

(d)  the making of any phone calls, or the doing of any other act, required to secure towing work,

(e)  the taking or production of any photographs,

(f)  the preparation and sending of any documents relating to a tow (including invoices, towing authorisations and contact details),

(g)  work involving notifying the owner of the motor vehicle of applicable storage fees,

(h)  any other administration work,

(i)  transporting the owner of, or a passenger in, the motor vehicle involved in the relevant accident,

(j)  the salvage of the load of any motor vehicle involved in the relevant accident,

(k)  the storage of personal belongings,

(l)  the changing of tyres,

(m)  the provision or use of a fire extinguisher,

(n)  the provision or use of gloves,

(o)  any other activities required to undertake towing work,

(p)  any other work done as a result of a requirement imposed by the Act or this Regulation.

pt 4A, divs 6–8 (cll 40Z–40ZE): Ins 2009 (598), Sch 1.

Division 8 Invoices

pt 4A, divs 6–8 (cll 40Z–40ZE): Ins 2009 (598), Sch 1.

40ZE Photographs must be attached to certain invoices

(1)  It is a condition of a licence or certificate that, if salvage work involving a light motor vehicle damaged as a result of an accident, or a recovered stolen motor vehicle, exceeds 30 minutes, the licensee or certified driver must attach to an invoice issued by the licensee or certified driver in relation to that work at least 2 photographs, each of which clearly and accurately—

(a)  shows the scene of the accident or the position of the motor vehicle being salvaged before any towing work or salvage work commenced, and

(b)  displays on the photograph the time and date on which each photograph was taken.

(2)  It is a condition of a licence or certificate that, if towing work, or salvage work, involving a heavy motor vehicle damaged as a result of an accident, or a recovered stolen heavy motor vehicle, is carried out, the licensee or certified driver must attach to an invoice issued by the licensee or certified driver in relation to that work at least 2 photographs, each of which clearly and accurately—

(a)  shows the scene of the accident before any recovery work has commenced, and

(b)  displays on the photograph the time and date on which each photograph was taken.

pt 4A, divs 6–8 (cll 40Z–40ZE): Ins 2009 (598), Sch 1.

Part 5 Other offences and requirements

41 Offence to incite or encourage commission of offence

A person must not—

(a)  incite or encourage any other person to commit an offence under the Act or this Regulation, or

(b)  offer any inducement to another person that is likely to result in the other person committing an offence under the Act or this Regulation.

Maximum penalty—50 penalty units.

42 Misuse of licences and drivers certificates

A person must not—

(a)  forge or fraudulently alter a licence or drivers certificate (whether or not it is in force), or

(b)  give possession of a licence or drivers certificate to another person for the purpose of using it unlawfully, or

(c)  steal a licence or drivers certificate, or

(d)  knowingly have possession of a forged, fraudulently altered, borrowed or stolen licence or drivers certificate.

Maximum penalty—50 penalty units.

43 Lost or stolen etc licences and drivers certificates

A licensee or certified driver must, within 7 days of becoming aware that the licence or drivers certificate has been lost, stolen, damaged, destroyed, altered or defaced—

(a)  notify the Secretary in writing of that occurrence, and

(b)  in the case of a damaged, altered or defaced licence or drivers certificate—return it to the Secretary.

Maximum penalty (paragraph (a)): 5 penalty units.

Maximum penalty (paragraph (b)): 20 penalty units.

44 Tow truck equipment

(1)  It is a condition of a licence that each tow truck operated under the authority of the licence must be fitted with the following equipment—

(a)  a flashing or rotating warning light that is of an approved kind,

(b)  fully adjustable mounted lights to enable the safe loading and unloading of motor vehicles onto or from the tow truck when it is dark.

(2)  It is a condition of a licence that each tow truck operated under the authority of the licence to do accident towing must be equipped with—

(a)  a broom, shovel and durable rubbish container for the removal of accident debris, and

(b)  a foam or dry chemical powder fire extinguisher of at least 4.5 kg capacity, and that the fire extinguisher is maintained in a serviceable condition.

(3)  In this clause—

broom means a brush or similar implement of bristles, nylon or twigs with a handle at least 1.2 metres long.

shovel means an implement consisting of a broad metal blade or scoop attached to a handle at least 1.2 metres long and designed for taking up and removing loose matter (such as earth, snow, coal and the like).

45 Particulars to be displayed on tow trucks

A person must not drive, stand or operate, or allow to be driven, stood or operated, a tow truck that is being operated under the authority of a licence unless there is 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—

(a)  the name of the person who is the licensee holding the licence under which that tow truck is operated, and

(b)  the number of the licence.

Maximum penalty—10 penalty units.

46 Inspection of tow trucks

(1)  The Secretary or an authorised officer may, by notice in writing given to a tow truck operator (an inspection notice), require the production of a specified tow truck under the operator’s control for inspection by a person authorised by the Secretary.

(2)  The tow truck operator must comply with the requirement.

Maximum penalty—20 penalty units.

(3)  An inspection notice must—

(a)  specify the time and place for the inspection of the tow truck, and

(b)  allow at least 24 hours from the time the notice is given for the operator to comply with the requirement.

(4)  The person authorised by the Secretary to carry out the inspection of the tow truck is, following the inspection, to provide the tow truck operator with an assessment notice.

(5)  The assessment notice may—

(a)  require the carrying out of such repairs or modifications as are specified in the notice, and

(b)  require those repairs or modifications to be completed within a specified period.

(6)  The tow truck operator must comply with any such requirement.

Maximum penalty—20 penalty units.

(7)  The tow truck operator must provide the Secretary with the following—

(a)  a copy of the assessment notice within 24 hours of receiving it from the person who carried out the inspection,

(b)  within 24 hours of completing any repairs or modifications required by the assessment notice—a certificate, in the approved form, declaring that the repairs or modifications have been completed.

Maximum penalty—10 penalty units.

(8)  Any costs associated with the inspection of a tow truck under this clause, or with the carrying out of any repairs or modifications of a tow truck, are to be paid by the tow truck operator concerned.

cl 46: Am 2017 No 22, Sch 1.23 [2].

47 Tow truck number-plates to be visible while towing

If any number-plate issued under section 57 of the Act in respect of a tow truck is likely to be obscured by a motor vehicle that is to be towed by the tow truck, the driver of the tow truck must ensure that the number-plate is—

(a)  displayed at the rear of the towed vehicle, or

(b)  displayed in such other manner that it remains clearly visible.

Maximum penalty—5 penalty units.

48 Conduct and duties of tow truck drivers

(1)  The driver of a tow truck that is authorised to be operated under the authority of a licence must—

(a)  behave in an orderly manner and with civility and propriety while—

(i)  operating the tow truck, or

(ii)  attending the scene of a motor vehicle accident, or

(iii)  complying with a requirement under paragraph (b) or (c), and

(b)  comply with any reasonable requirement made of the driver by an authorised officer or police officer in relation to the administration of the Act or this Regulation, and

(c)  comply with any reasonable requirement made of the driver by a member of staff of the Ambulance Service of NSW, or an emergency services officer (within the meaning of section 32A of the State Emergency and Rescue Management Act 1989), who is attending the scene of a motor vehicle accident.

Maximum penalty (subclause (1) (a)): 25 penalty units.

Maximum penalty (subclause (1) (b) and (c)): 50 penalty units.

(2)  The licensee holding the licence under which the tow truck is being operated must ensure that each tow truck driver whose services are being used by the licensee complies with subclause (1).

Maximum penalty—10 penalty units.

49 Licensee required to keep certain records of non-accident towing work

(1)  A licensee must make a record of the following matters in relation to each occasion on which a licensed tow truck is used or operated by a relevant tow truck driver for any towing work other than accident towing work—

(a)  the time and date on which a motor vehicle is towed,

(b)  details of where the motor vehicle is towed from and the destination of the tow,

(c)  the registration number of the motor vehicle, or, if there is no registration number, the chassis number or the engine number (if any) of the vehicle,

(d)  the name and contact details of the person who arranged for the motor vehicle to be towed,

(e)  the name and contact details of any person who takes possession of the towed motor vehicle at the destination of the tow,

(f)  details of any charges made by the licensee in relation to the tow.

Note—

Section 60 of the Act also requires certain information to be recorded by a licensee on each occasion on which a licensed tow truck is used or operated by a tow truck driver.

(2)  Any such record must—

(a)  be in the approved form, and

(b)  include particulars of the name and business address of the licensee, and

(c)  be completed in the approved manner and as soon as practicable in relation to each occasion on which the licensed tow truck is used or operated.

(3)  The licensee must keep the record at the licensee’s place of business for at least 5 years after the information is recorded.

(4)  If the licence is revoked or suspended or otherwise ceases to be in force, the licensee must provide to the Secretary any records kept in accordance with this section.

(5)  The licensee must, on demand by an authorised officer or a police officer, provide the officer with the name and address of any tow truck driver whose services have been or are being used by the licensee.

Maximum penalty (subclauses (1)–(5)): 50 penalty units.

(6)  In this clause, relevant tow truck driver means a tow truck driver who is employed or engaged by the licensee or whose services are otherwise used by the licensee.

50 Records relating to charges

(1)  It is a condition of a licence that a licensee must, in accordance with this clause, make and keep a fully itemised record of the charges made by the licensee in relation to each motor vehicle that is towed under the authority of the licence.

(2)  Each such record must provide details justifying the amounts charged in relation to the towing, salvage or storage concerned.

(3)  The licensee must—

(a)  keep a copy of the record at the licensee’s place of business for at least 5 years after it is completed, and

(b)  keep any document or material that justifies the charging of a particular amount, and

(c)  produce any such record or related document for inspection by an authorised officer or a police officer if requested to do so, and

(d)  permit the person to whom the record or related document is produced to make copies of or take extracts from the record or document or remove the record or document for the purposes of evidence.

(4)  On expiry, cancellation or surrender of a licence, the former licensee must provide to the Secretary any records or documents kept in accordance with this clause.

Maximum penalty (subclause (4)): 50 penalty units.

51 Invoices

(1)  A licensee, or a person acting on behalf of a licensee, must include the following in any invoice for towing work—

(a)  the name of the licensee as shown in the licensee’s licence,

(b)  the business name (if any) of the licensee and the relevant ABN,

(c)  the name of the person to whom the invoice is issued,

(d)  a description of the towing work to which the invoice relates,

(e)  such fees (in itemised form) as are charged by the licensee in relation to the following—

(i)  any salvage relating to the relevant vehicle,

(ii)  the towing of the relevant vehicle,

(iii)  any storage of the relevant vehicle,

(f)  any other fee charged by the licensee in relation to the vehicle, fully described and set out in itemised form.

Maximum penalty—10 penalty units.

(2)  A licensee must not request or require payment of a fee charged in relation to towing work unless a copy of the invoice for that work is provided to the person to whom the invoice is issued.

Maximum penalty—10 penalty units.

(3)  A person must not include any matter that the person knows to be false or misleading in a material particular in an invoice for any towing work.

Maximum penalty—50 penalty units.

(4)  A licensee must—

(a)  keep at the licensee’s place of business (as specified in the licence) a copy of each invoice issued by, or on behalf of, the licensee for a period of 5 years after its issue, and

(b)  on demand by an authorised officer or a police officer within that period of 5 years, produce for inspection the copy of any such invoice, and

(c)  allow the person to whom the copy is produced to take extracts from, or to make copies of, the invoice, or to remove the invoice for the purposes of producing it as evidence in any proceedings.

Maximum penalty—10 penalty units.

52 Disposal of unclaimed motor vehicles

(1)  This clause applies to any motor vehicle that—

(a)  has a value of less than $500, and

(b)  has been towed to any holding yard of a licensee, and

(c)  is being held by the licensee.

(2)  If—

(a)  a motor vehicle to which this clause applies has been held by the licensee for more than 28 days, and

(b)  no arrangement has been made during that period by the owner of the vehicle for its collection,

the licensee may take action, in accordance with this clause, to sell or otherwise lawfully dispose of the vehicle.

(3)  The licensee must give the owner of the motor vehicle written notice of the licensee’s intention to dispose of the motor vehicle. However, the licensee is not required to notify the owner if the licensee is, after making all reasonable inquiries, unable to identify or locate the owner.

(4)  If the owner of the motor vehicle fails to arrange for the collection of the motor vehicle within 28 days of the notice being given to the owner, the licensee may dispose of the vehicle.

(5)  If the motor vehicle is sold and the owner of the vehicle subsequently makes a claim in respect of the vehicle, the licensee is to refund to the owner the difference (if any) between the amount for which the vehicle was sold and the amount of money payable to the licensee by the owner in respect of the towing and storage of the vehicle (including all the costs incurred by the licensee in connection with this clause).

(6)  A licensee cannot dispose of a motor vehicle to which this clause applies unless the Commissioner of Police has issued the licensee with a certificate to the effect that the vehicle is not for the time being stolen.

(7)  A licensee is not liable for any damages arising out of the disposal of a motor vehicle to which this clause applies.

(8)  A licensee is not entitled to rely on this clause unless the licensee establishes that the motor vehicle disposed of had, at the time of disposal, a value of less than $500.

(9)  A licensee who disposes of a motor vehicle under this clause must, within 7 days after the disposal, make a record that includes the following details—

(a)  the date on which the motor vehicle was disposed of,

(b)  the manner in which the motor vehicle was disposed of,

(c)  if the motor vehicle was sold—the name and address of the person to whom the motor vehicle was sold and the amount for which it was sold,

(d)  the make, model, type, colour, registration number (if any), chassis number (if any) and engine number (if any) of the motor vehicle.

Maximum penalty—5 penalty units.

(10)  Any such record made must be kept for at least 5 years after it is made.

Maximum penalty—20 penalty units.

53 Prohibited tow trucks

(1)  Subject to subclause (2), one-tonne tow trucks are prescribed as a class of prohibited tow truck for the purposes of section 56 of the Act.

(2)  A one-tonne tow truck that is operated under the authority of a licence is not a prohibited tow truck if the Secretary has approved its use and operation as a condition of the licence.

(3)  In this clause—

one-tonne tow truck means any tow truck that does not comply with the following requirements—

(a)  a load capacity of at least 1.2 tonnes,

(b)  a lifting apparatus with a safe working load of one tonne or more,

(c)  capacity to tow vehicles that exceed 2 tonnes.

54 Stand-by tow trucks

(1)  If a licensed tow truck is temporarily out of operation while undergoing repair or service, the licensee concerned may use and operate a tow truck (other than a tow truck specified in the licence) in place of the licensed tow truck, but only with the approval of the Secretary. Such a tow truck is referred to in this clause as a stand-by tow truck.

(2)  A licensee may apply to the Secretary, in the approved form and manner, for approval of the use and operation of a stand-by tow truck. Such an application must be made at least 72 hours (or such other time as may be approved by the Secretary) before the stand-by tow truck is used and operated in place of the licensed tow truck specified in the application.

(3)  The Secretary may approve the use and operation of a stand-by tow truck only if the Secretary is satisfied that the following requirements are complied with—

(a)  the number-plate issued under section 57 of the Act to the licensed tow truck that is being replaced must be displayed on the stand-by tow truck,

(b)  the stand-by tow truck must be registered within the meaning of the Road Transport Act 2013 and display its registration number-plates,

(c)  the stand-by tow truck must comply with the requirements of the Act and this Regulation, and with the conditions of the licence concerned, in relation to tow trucks,

(d)  the stand-by tow truck must display in the approved manner an approved sign indicating that the tow truck is a stand-by tow truck.

(4)  A licensee who is using or operating a stand-by tow truck must—

(a)  ensure that the requirements specified in subclause (3) are complied with, and

(b)  maintain a record, in the approved form, of the use and operation of the stand-by tow truck and keep that record in the approved manner.

Maximum penalty—20 penalty units.

(5)  A person must not hire, lease or supply a tow truck to a licensee for use and operation as a stand-by tow truck without the approval of the Secretary.

Maximum penalty—20 penalty units.

(6)  Any such approval may only be given if an application is made to the Secretary in the approved form and manner.

(7)  While a stand-by tow truck is being used and operated in place of a licensed tow truck in accordance with this clause, the stand-by tow truck is taken to be a licensed tow truck for the purposes of the Act and this Regulation.

cl 54: Am 2013 No 19, Sch 4.77 [3]; 2017 No 22, Sch 1.23 [2].

Part 6 Miscellaneous provisions

55 Exemption relating to interstate tow truck drivers and operators

(1)  A person who holds a licence, permit or other authority issued under the law of another State or Territory that authorises the person to drive or operate a tow truck in that State or Territory is exempt from the requirements under the Act to hold a licence or drivers certificate.

(2)  Such an exemption does not apply to or in respect of any towing work if the towing of the vehicle concerned starts in this State.

(3)  This clause does not affect any entitlement, under the Mutual Recognition (New South Wales) Act 1992, of a person who holds a licence, permit or other authority issued under the law of another State or Territory to drive or operate a tow truck (including in respect of the towing of a vehicle that starts in this State) without holding a licence or drivers certificate under the Tow Truck Industry Act 1998.

cl 55: Am 2017 No 22, Sch 1.22 [3].

55A Secretary’s power to waive, reduce, postpone or refund fees

The Secretary may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the Secretary is satisfied it is appropriate because—

(a)  the person who is to pay or has paid the fee is suffering financial hardship, or

(b)  special circumstances exist.

Example of ‘special circumstances’—

circumstances involving a natural disaster or recovery from a natural disaster

cl 55A: Ins 2020 No 3, Sch 1.30.

56 Penalty notices

For the purposes of section 89 of the Act—

(a)  each offence created by a provision specified in Column 1 of Schedule 1 is prescribed as an offence for which a penalty notice may be issued, and

(b)  the prescribed penalty for such an offence is the amount specified in Column 2 of Schedule 1.

57 Savings

Any act, matter or thing that had effect under the Tow Truck Industry Regulation 1999 immediately before the repeal of that Regulation is taken to have effect under this Regulation.

Schedule 1 Penalty notice offences

(Clause 56)

Column 1	Column 2
Offence	Penalty
Offences under the Act
Section 15	$2,200
Section 23	$1,100
Section 37 (1)	$550
Section 49 (1)	$1,100
Section 49A (1)	$440
Section 50 (1)	$1,100
Section 51	$1,100
Section 53	$1,100
Section 56 (1)	$2,200
Section 57 (2)	$550
Section 58	$1,100
Section 59	$1,100
Section 60	$1,100
Section 61 (1)	$550
Section 61 (2) or (3)	$2,200
Section 62	$1,100
Section 63 (1)	$1,100
Section 64	$2,200
Section 65	$250
Section 66 (1)	$1,100
Section 67	$1,100
Section 68	$1,100
Section 69	$550
Section 70	$550
Section 71	$1,100
Section 72 (1)	$1,650
Section 72 (2)	$550
Section 73	$550
Section 74	$1,100
Section 75	$1,100
Offences under this Regulation
Clause 25	$110
Clause 28	$1,100
Clause 32	$1,100
Clause 33 (2)	$550
Clause 33 (3), (4) or (5)	$335
Clause 34 (1)	$110
Clause 34 (2) or (3)	$440
Clause 42 (c)	$1,100
Clause 43 (a)	$110
Clause 43 (b)	$440
Clause 45	$355
Clause 46 (2) and (6)	$440
Clause 46 (7)	$220
Clause 47	$110
Clause 48 (1)	$550
Clause 49	$440
Clause 51 (1)	$220
Clause 52 (9)	$110
Clause 52 (10)	$440
Clause 54 (4) or (5)	$440

Schedule 2 Adjustment of fees for inflation

1 Definitions

In this Schedule—

CPI number means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Bureau of Statistics in the latest published series of that index.

financial year means a period of 12 months commencing on 1 July.

2 Calculation of fee unit for purposes of Regulation

(1)  For the purposes of this Regulation, a fee unit is—

(a)  in the financial year 2018–19—$100, and

(b)  in each subsequent financial year—the amount calculated as follows—

 
where—

A is the CPI number for the March quarter in the financial year immediately preceding the financial year for which the amount is calculated.

B is the CPI number for the March quarter of 2018.

(2)  The amount of a fee unit is to be rounded to the nearest cent (and an amount of 0.5 cent is to be rounded down).

(3)  However, if the amount of a fee unit calculated for any financial year is less than the amount that applied for the previous financial year, then the amount for that previous financial year applies instead.

Editorial note—

Fee unit amount calculated under this clause—

Financial year	Fee unit amount
2019–20	$101.32
2020–21	$103.34

3 Rounding of fee amounts

The amount of a fee calculated by reference to a fee unit is to be rounded to the nearest dollar (and an amount of 50 cents is to be rounded down).

4 Notice of indexed fees

(1)  As soon as practicable after the CPI number for the March quarter is first published by the Australian Statistician, the Secretary is required to—

(a)  notify the Parliamentary Counsel of the amount of the fee unit for the next financial year so that notice of that amount can be published on the NSW legislation website, and

(b)  give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of a fee unit calculated under this Schedule.

(2)  This Schedule operates to change an amount of a fee that is calculated by reference to a fee unit and that change is not dependent on the notification or other notice required by this clause.

sch 2: Ins 2018 (746), Sch 1 [36].