New South Wales Consolidated Regulations

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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


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