312—Exemption for tow truck drivers
(1) It is a defence to
the prosecution of the driver of a tow truck for an offence against a
provision mentioned in subrule (2) if, at the time of the offence—
(a) the
driver is engaged in loading, or connecting to, a vehicle to which this rule
applies; and
(b) the
driver is unable to comply with the provision; and
(c) the
tow truck is displaying a flashing light; and
(d) the
driver is acting safely.
(2) For subrule (1),
the provisions are as follows:
• Part 6
(Traffic lights, traffic arrows and twin red lights)
• Part 7 (Giving
way), Division 1 (Giving way at a stop sign, stop line, give way sign or give
way line applying to the driver)
• Part 8
(Traffic signs and road markings)
• Part 11
(Keeping left, overtaking and other driving rules)
• Part 12
(Restrictions on stopping and parking)
• rule 288
(Driving on a path)
• rule 289
(Driving on a nature strip)
• rule 290
(Driving on a traffic island).
(3) This rule applies
to the following vehicles:
(a) a
vehicle at the scene of a crash;
(c) a
vehicle unsafely or unlawfully parked that the driver is authorised to tow
away under another law of this jurisdiction.
SA NOTE—
For South Australia, in addition to this subrule, see regulation 46 of the
Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions)
Regulations 2014 .
Note—
"Crash" is defined in the dictionary, and "vehicle" is defined in rule 15.