New South Wales Consolidated Regulations
[Index]
[Table]
[Search]
[Search this Regulation]
[Notes]
[Noteup]
[Download]
[Help]
TOW TRUCK INDUSTRY REGULATION 2020
- Made under the Tow Truck Industry Act 1998
- As at 29 May 2023
- Reg 288 of 2020
TABLE OF PROVISIONS
PART 1 - PRELIMINARY
1. Name of Regulation
2. Commencement
3. Definitions
4. Meaning of "tow" and "tow truck"
PART 2 - LICENCES AND DRIVERS CERTIFICATES
Division 1 - Provisions relating to licences
5. Licence applications
6. Licence application fee
7. Discretionary grounds for refusing licence application
8. Payment of licence fee
9. Licence conditions
10. Exemption from "on-hook" liability insurance requirement
11. Exemption from certain licence conditions for tow trucks registered interstate
Division 2 - Provisions relating to drivers certificates
12. Drivers certificate applications
13. Drivers certificate application fee
14. Discretionary grounds for refusing drivers certificate application
15. Particulars on drivers certificate
16. Conditions of drivers certificate
17. Payment of drivers certificate fee
Division 3 - General provisions
18. Variation of licence or drivers certificate conditions
19. Pending application for subsequent licence or drivers certificate
20. Requirement to notify Secretary
Division 4 - Exemption for persons who tow scrap metal
Subdivision 1 - Exemption from requirement to hold licence
21. Exemption from requirement to hold licence
Subdivision 2 - Exemption from requirement to hold drivers certificate
22. Exemption from requirement to hold drivers certificate
Subdivision 3 - Exemptions
23. Circumstances for granting exemption
24. Restrictions on granting exemption
25. Duration of exemption
26. Proposed changes in particulars to be reflected in replacement exemption certificate
27. Provision of signs for additional exempted tow truck
28. Requirement to return exemption certificate
PART 3 - TOWING AUTHORISATIONS
29. Definition
30. Exception from requirement to obtain towing authorisations for towing work
31. Requirement to leave accident scene once towing authorisations obtained
32. Persons who may give towing authorisations
33. Completion of, and dealing with, towing authorisations
34. False information in towing authorisations
35. Other requirements relating to towing authorisations
36. Towing authorisation books
37. Keeping and production of towing authorisations
PART 4 - HOLDING YARDS
38. Security requirements
39. Storage capacity
40. Access to holding yard
41. Holding yard register
42. Certain operators not required to maintain a holding yard
PART 5 - FEES FOR TOWING, SALVAGE, STORAGE AND RELATED SERVICES
Note
Division 1 - Preliminary
43. Application
44. Definitions
Division 2 - Maximum fees for towing work involving light motor vehicles
45. Maximum fees for accident towing work involving light motor vehicles
46. Maximum fees for recovery towing work involving light motor vehicles
47. Maximum fees for subsequent tows of light motor vehicles
48. Fee must not be charged for complying with directions
49. Fee must not be charged for time spent waiting
Division 3 - Maximum fees for towing work involving heavy motor vehicles
50. Limitation on trucks that may charge for towing work involving heavy motor vehicles
51. Maximum fees for accident towing work involving heavy motor vehicles
52. Maximum fees for stolen motor vehicle recovery involving heavy motor vehicles
53. Stand by rate
Division 4 - Maximum fees for certain salvage
54. Fees must not be charged for certain salvage
55. Maximum fees for certain salvage of light motor vehicles
56. Maximum fees for certain salvage of heavy motor vehicles
57. Stand by rate for salvage of heavy motor vehicles
Division 5 - Maximum fees for storage of motor vehicles
58. Storage fees only apply to storage in licensee's holding yard
59. Storage time commences when motor vehicle is registered in holding yard register
60. Maximum storage fees for light motor vehicles
61. Maximum storage fees for heavy motor vehicles
62. Fee must not be charged for relocation of a motor vehicle
63. Sign must warn customers about storage fees
64. Procedure required before storage fees may be charged
65. Fee for access to motor vehicle outside business hours
Division 6 - Other permissible fees
66. Maximum fees for travel time for accident towing work and stolen motor vehicle recovery involving heavy vehicles
67. Requirements before additional fees may be charged for related services
68. GST
Division 7 - Fees that are not permitted
69. Separate fee must not be charged for fuel
70. Separate fee must not be charged for moving vehicles between holding yards
71. Services that must not be charged for separately
Division 8 - Invoices
72. Photographs must be attached to certain invoices
PART 6 - OTHER OFFENCES AND REQUIREMENTS
73. Offence to incite or encourage commission of offence
74. Misuse of licences and drivers certificates
75. Lost or stolen licences and drivers certificates
76. Tow truck equipment
77. Particulars to be displayed on tow trucks
78. Inspection of tow trucks
79. Tow truck number-plates to be visible while towing
80. Conduct and duties
81. Licensee required to keep certain records of non-accident towing work
82. Records relating to charges
83. Invoices
84. Disposal of unclaimed motor vehicles
85. Prohibited tow trucks
86. Stand-by tow trucks
PART 7 - MISCELLANEOUS PROVISIONS
87. Application fees
88. Exemption relating to interstate tow truck drivers and operators
89. Exemption relating to towing of recreational vehicles
90. Exemption from requirement to hold drivers certificate for mechanic in course of repairing a tow truck
91. Exemption for medical reasons
92. Exemption for expired driver licence
93. Exemption of certain motor vehicles
94. Secretary's power to waive, reduce, postpone or refund fees
95. Repeal and savings
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback