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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Tow Truck Industry Amendment Bill
1999
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Tow Truck Industry Act 1998 No 111 2
4 Amendment of Road Transport (General) Act 1999 No 18 2
5 Amendment of Road Transport (Safety and Traffic
Management) Act 1999 No 20 2
Schedules
1 Amendment of Tow Truck Industry Act 1998 3
2 Amendment of Road Transport (General) Act 1999 13
3 Amendment of Road Transport (Safety and Traffic
Management) Act 1999 14
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 1999
New South Wales
Tow Truck Industry Amendment Bill
1999
Act No , 1999
An Act to amend the Tow Truck Industry Act 1998 to make further provision with
respect to the allocation of towing work, towing authorisations, fees and
administrative matters; to amend the Road Transport (General) Act 1999 and the
Road Transport (Safety and Traffic Management) Act 1999 with respect to the
removal of vehicles and other related matters; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Tow Truck Industry Amendment Bill 1999
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Tow Truck Industry Amendment Act 1999.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Tow Truck Industry Act 1998 No 111
The Tow Truck Industry Act 1998 is amended as set out in Schedule 1.
4 Amendment of Road Transport (General) Act 1999 No 18
The Road Transport (General) Act 1999 is amended as set out in
Schedule 2.
5 Amendment of Road Transport (Safety and Traffic Management) Act
1999 No 20
The Road Transport (Safety and Traffic Management) Act 1999 is
amended as set out in Schedule 3.
Page 2
Tow Truck Industry Amendment Bill 1999
Amendment of Tow Truck Industry Act 1998 Schedule 1
Schedule 1 Amendment of Tow Truck Industry Act
1998
(Section 3)
[1] Section 3, definition of "towing authorisation"
Omit the definition from section 3 (1). Insert instead:
towing authorisation means an authorisation required under
Part 4.
[2] Section 3 (3)
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
[3] Section 7 Constitution of Tow Truck Authority
Omit section 7 (2). Insert instead:
(2) The TTA is a statutory body representing the Crown.
[4] Section 8 Functions of TTA
Insert after section 8 (2):
(3) The TTA is, in the exercise of its functions other than making
a report or recommendation to the Minister, subject to the
control and direction of the Minister.
[5] Section 11
Omit the section. Insert instead:
11 Staff of TTA
(1) The staff of the TTA (including the General Manager) is to be
employed under Part 2 of the Public Sector Management Act
1988.
Page 3
Tow Truck Industry Amendment Bill 1999
Schedule 1 Amendment of Tow Truck Industry Act 1998
(2) The TTA may arrange for the use of the services of any staff
(by secondment or otherwise) or facilities of a Government
department, public authority or local authority. Any such
person of whose services the TTA makes use is, for the
purposes of this Act, an officer of the TTA.
(3) The TTA may engage consultants.
[6] Section 17 Application for licence
Omit "prescribed by the regulations" from section 17 (2) (h).
Insert instead "determined by the TTA by order published in the Gazette".
[7] Section 21 Licence fees
Omit section 21 (1). Insert instead:
(1) The TTA may, by order published in the Gazette, determine
fees for the granting of licences.
[8] Section 21 (2)
Omit "the regulations". Insert instead "the TTA".
[9] Section 25 Application for drivers certificate
Omit "prescribed by the regulations" from section 25 (2) (c).
Insert instead "determined by the TTA by order published in the Gazette".
[10] Section 30 Drivers certificate fees
Omit section 30 (1). Insert instead:
(1) The TTA may, by order published in the Gazette, determine
fees for the granting of drivers certificates.
[11] Section 30 (2)
Omit "the regulations". Insert instead "the TTA".
Page 4
Tow Truck Industry Amendment Bill 1999
Amendment of Tow Truck Industry Act 1998 Schedule 1
[12] Section 33 Investigation of application for licence or drivers certificate
Omit section 33 (1). Insert instead:
(1) The TTA may carry out such investigations and inquiries as the
TTA thinks necessary to enable it to properly consider an
application for a licence or drivers certificate.
[13] Section 33 (5)
Insert after section 33 (4):
(5) For the purposes of this section and section 34, a person who
is the holder of a licence or drivers certificate (the current
licence or drivers certificate) is taken to have applied for a
subsequent licence or drivers certificate if:
(a) the TTA has, before the current licence or drivers
certificate is due to expire, given that person notice that
the current licence or drivers certificate is due to expire,
and
(b) the person does not, within the time specified in the
notice, notify the TTA that the person does not intend to
apply for a subsequent licence or drivers certificate.
[14] Section 34 TTA may require further information in relation to
application
Omit "who is an applicant" from section 34 (1).
Insert instead "who has applied".
[15] Part 4, Divisions 1 and 2
Omit the Divisions. Insert instead:
Division 1 Job allocation scheme
46 Establishment, administration and operation of job allocation
scheme
(1) The regulations may make provision for or with respect to the
establishment, administration and operation of a scheme for the
allocation of towing work.
Page 5
Tow Truck Industry Amendment Bill 1999
Schedule 1 Amendment of Tow Truck Industry Act 1998
(2) In particular, the regulations may, in relation to any such
scheme:
(a) identify activities that are taken to be towing work for
the purposes of this Part, and
(b) specify the kinds of towing work to which the scheme
applies, and
(c) confer powers on the TTA or any other person or body
with respect to the administration and operation of the
scheme, and
(d) provide for the establishment and operation of a job
allocation centre for the purposes of the administration
of the scheme, and
(e) provide for the operation of the scheme in any specified
area, and
(f) provide that the scheme applies differently to different
specified areas, and
(g) prescribe fees and charges that are payable to the TTA
(including fees that are payable in connection with
participation in the scheme, and providing for the time
at which such fees are to be paid), and
(h) make provision for or with respect to any other matter
relating to the administration and operation of the
scheme.
(3) If towing work is allocated in accordance with a job allocation
scheme, the participant concerned does not, in any capacity, act
as agent for the TTA or for any other person or body that
allocates the work under the scheme. For the purposes of this
Part, a participant is a licensee who is approved for the time
being in accordance with the regulations to participate in a job
allocation scheme established under this Part.
(4) A job allocation scheme applies despite any contract or other
arrangement under which any pre-arranged towing work is to
be carried out by a tow truck operator to whom the contract or
arrangement relates.
Page 6
Tow Truck Industry Amendment Bill 1999
Amendment of Tow Truck Industry Act 1998 Schedule 1
(5) For the purposes of subsection (4), pre-arranged towing work
means any towing work that is arranged before the need for the
actual towing work arises, and whether before or after the
commencement of this Division, by any person or body
(including any organisation representing the interests of the
owners of motor vehicles, or a roads authority).
(6) The TTA, or any person or body acting on behalf of the TTA,
or the Crown, is not liable to compensate any person for any
loss suffered by the person as a result of the establishment,
administration or operation of a job allocation scheme under
this Division.
47 Contravention of job allocation scheme--towing by
non-participant
A licensee, or a certified driver or other person employed or
engaged by a licensee, must not carry out, or attempt to carry
out, any towing work to which a job allocation scheme applies
unless the licensee is a participant for the time being in the
scheme.
Maximum penalty: 100 penalty units or imprisonment for 12
months, or both.
48 Contravention of job allocation scheme--unallocated towing
work
A participant, or a certified driver or other person who is
employed or engaged by a participant to carry out any towing
work, must not carry out, or attempt to carry out, any towing
work to which a job allocation scheme applies unless the
towing work has been allocated to the participant in accordance
with the job allocation scheme.
Maximum penalty: 100 penalty units or imprisonment for
12 months, or both.
49 Requirement to obtain towing authorisation
(1) A participant, or a certified driver who is employed or engaged
by a participant, must not carry out, or attempt to carry out, any
towing work to which the job allocation scheme applies unless
a towing authorisation has been obtained for the towing work.
Maximum penalty: 50 penalty units.
Page 7
Tow Truck Industry Amendment Bill 1999
Schedule 1 Amendment of Tow Truck Industry Act 1998
(2) However, a person is not required to comply with subsection
(1) if the person is carrying out, or is attempting to carry out,
the towing work:
(a) in accordance with any direction of a police officer or
an authorised officer (including a direction that is given
by telephone or other electronic transmission) to move
a motor vehicle that, in the opinion of the officer, is
causing an unreasonable obstruction to traffic, to the
nearest place where it no longer causes an obstruction to
traffic, or
(b) in such circumstances as may be prescribed by the
regulations.
(3) A police officer or authorised officer may only give a direction
described in subsection (2) (a) if, in the opinion of the officer,
the motor vehicle cannot reasonably, in the circumstances, be
driven away.
(4) The regulations may provide that a towing authorisation is
required in such other circumstances as may be prescribed
(whether or not those circumstances are associated with a job
allocation scheme).
50 Restrictions on obtaining towing authorisations
(1) A person must not obtain, or attempt to obtain, a towing
authorisation for the carrying out of towing work unless:
(a) the person holds a drivers certificate, and
(b) the person is the driver of a licensed tow truck, and
(c) the tow truck is standing at or in the vicinity of the
motor vehicle that is required to be towed, and
(d) the licensee who operates the tow truck is a participant
in a job allocation scheme to which the towing work
applies, and
(e) the towing work has been allocated in accordance with
the job allocation scheme to that licensee, and
(f) the towing work is to be carried out by the tow truck
referred to in paragraph (c).
Maximum penalty: 50 penalty units.
(2) A towing authorisation is to be in the approved form.
Page 8
Tow Truck Industry Amendment Bill 1999
Amendment of Tow Truck Industry Act 1998 Schedule 1
51 Towing in accordance with towing authorisation
(1) A towing authorisation authorises the towing only of the motor
vehicle that is specified in the authorisation.
(2) If a person has obtained a towing authorisation for the towing
of a motor vehicle, the person must tow the motor vehicle in
accordance with the particulars specified in the authorisation.
Maximum penalty: 50 penalty units.
(3) Without limiting subsection (2), the person must tow the motor
vehicle concerned:
(a) to the destination specified in the authorisation, or
(b) if the specified destination is not accessible at the time
of the towing:
(i) to the nearest holding yard specified in the
licence under the authority of which the tow
truck is operated, and
(ii) to the specified destination as soon as is
reasonably practicable after the specified
destination becomes accessible, or
(c) if a destination is not specified in the towing
authorisation:
(i) to the nearest holding yard specified in the
licence under the authority of which the tow
truck is operated, or
(ii) in accordance with the regulations.
Maximum penalty: 50 penalty units.
(4) A person who is required to obtain a towing authorisation must
ensure that the towing authorisation is completed and dealt with
in accordance with the regulations.
Maximum penalty: 50 penalty units.
52 Regulations relating to towing authorisations
The regulations may:
(a) specify the persons who may give a towing
authorisation, and
Page 9
Tow Truck Industry Amendment Bill 1999
Schedule 1 Amendment of Tow Truck Industry Act 1998
(b) specify the particulars that must be specified in a towing
authorisation (including the destination to which a
motor vehicle is to be towed in accordance with the
authorisation), and
(c) prescribe fees and charges payable to the TTA in
relation to towing authorisations, and
(d) prescribe the procedures for dealing with towing
authorisations, and
(e) make provision for the keeping of records in relation to
towing authorisations, and
(f) prohibit a person from inducing another person to sign
a towing authorisation by knowingly making a false or
misleading statement, and
(g) make provision for or with respect to any other matter
relating to towing authorisations.
53 Alteration of completed towing authorisation prohibited
A person must not, without reasonable excuse, alter a towing
authorisation after it has been signed in accordance with the
regulations.
Maximum penalty: 50 penalty units.
[16] Section 62 Prohibition on obtaining authority to repair
Insert "by a particular repairer" after "repair".
[17] Section 62 (2) and (3)
Insert at the end of the section:
(2) If:
(a) an authority for the repair of a motor vehicle is obtained
in contravention of subsection (1), and
(b) within 48 hours after obtaining the authority the person
who gave the authority to repair (or the person's agent)
revokes the authority by written notice given to the
repairer in respect of whom the authority was given or
to an employee of that repairer,
Page 10
Tow Truck Industry Amendment Bill 1999
Amendment of Tow Truck Industry Act 1998 Schedule 1
the person revoking the authority is not liable for any costs or
damages arising as a result of giving the authority or revoking
the authority, or for the cost of any work performed on the
vehicle after it was towed to the place specified in the towing
authorisation.
(3) In this section, repairer means a person who carries on the
business of repairing motor vehicles.
[18] Section 66 Compliance with directions at scene of accident
Omit section 66 (1). Insert instead:
(1) If the driver of a tow truck is at the scene of a motor vehicle
accident, the driver must comply with any reasonable direction
given to the driver by an authorised officer, police officer or
emergency services officer who is present at the scene and who
is exercising his or her official duties as such an officer.
Maximum penalty: 50 penalty units.
Note. It is an offence under section 75 (3A) of the Road Transport (Safety
and Traffic Management) Act 1999 to fail to comply with any direction
given by an authorised officer or police officer in the exercise of the
officer's functions of removing an obstruction to traffic on a road or road
related area.
[19] Section 91 Tow Truck Industry Fund
Insert after section 91 (1) (a):
(a1) all penalties for offences under this Act and the
regulations that are recovered in prosecutions brought
by, or penalty notices issued by, officers of the TTA,
and
[20] Section 105 Regulations
Omit "Division 2" from section 105 (2) (o). Insert instead "Division 1".
[21] Schedule 2 Savings and transitional provisions
Omit "this Act" from clause 1 (1). Insert instead:
the following Acts:
this Act
Tow Truck Industry Amendment Act 1999
Page 11
Tow Truck Industry Amendment Bill 1999
Schedule 1 Amendment of Tow Truck Industry Act 1998
[22] Schedule 2, clause 1 (2)
Omit "this Act". Insert instead "the Act concerned".
Page 12
Tow Truck Industry Amendment Bill 1999
Amendment of Road Transport (General) Act 1999 Schedule 2
Schedule 2 Amendment of Road Transport (General)
Act 1999
(Section 4)
[1] Section 15 Penalty notices for certain offences
Omit section 15 (1) (i).
[2] Section 46 Certificate evidence and other evidentiary provisions
Insert after section 46 (1) (d):
(e) a matter that appears in a towing authorisation within
the meaning of the Tow Truck Industry Act 1998,
(f) a matter that appears in any record, kept by or on behalf
of the Tow Truck Authority, relating to the operation of
a job allocation scheme established under Part 4 of the
Tow Truck Industry Act 1998.
Page 13
Tow Truck Industry Amendment Bill 1999
Schedule 3 Amendment of Road Transport (Safety and Traffic Management) Act
1999
Schedule 3 Amendment of Road Transport (Safety and
Traffic Management) Act 1999
(Section 5)
[1] Section 75 Removal of dangers and obstructions to traffic
Insert after section 75 (1):
(1A) If a danger or obstruction to traffic on a road or road related
area is caused by a vehicle that has been involved in an
accident or has broken down, the Tow Truck Authority may
cause the vehicle to be removed in accordance with a job
allocation scheme established under Part 4 of the Tow Truck
Industry Act 1998.
(1B) If a vehicle referred to in subsection (1A) is authorised to be
removed by the Tow Truck Authority in accordance with such
a job allocation scheme, the vehicle is, for the purposes of
subsections (2) and (3), taken to have been removed by the
appropriate roads authority.
[2] Section 75 (3A)
Insert after section 75 (3):
(3A) A person who, without reasonable excuse:
(a) fails to comply with any direction given to the person
by an authorised officer in exercising a function under
subsection (1), or
(b) fails to comply with any direction given to the person
by the Tow Truck Authority in relation to the removal
of a vehicle under subsection (1A), or
(c) obstructs a person who is authorised to remove a
vehicle in accordance with this section,
is guilty of an offence.
Maximum penalty: 20 penalty units.
Page 14
Tow Truck Industry Amendment Bill 1999
Amendment of Road Transport (Safety and Traffic Management) Act Schedule 3
1999
[3] Section 76 Removal of unattended motor vehicles or trailers from
certain places
Insert "or the Tow Truck Authority" after "officer" wherever occurring in
section 76 (1).
[4] Section 76 (3) (b)
Omit the paragraph.
[5] Section 76 (4)
Omit the subsection.
[6] Section 76 (7)
Omit "2 penalty units". Insert instead "10 penalty units".
[7] Section 76 (8A)
Insert after section 76 (8):
(8A) For the purposes of subsection (6) (a), the responsible person
cannot rely on any police report stating that the vehicle was
stolen or illegally taken or used at the relevant time unless the
report indicates the time and date that it was made.
[8] Section 76 (9), definition of "prescribed place"
Insert at the end of paragraph (b) of the definition:
, or
(c) any road or road-related area that is within a special
tow-away area referred to in subsection (10).
[9] Section 76 (10)-(12)
Insert after section 76 (9):
(10) The Authority may establish special tow-away areas for the
purposes of this section.
(11) Any such area may be established by order published in the
Gazette, or by the erection of signs in or about the area
concerned, or both.
Page 15
Tow Truck Industry Amendment Bill 1999
Schedule 3 Amendment of Road Transport (Safety and Traffic Management) Act
1999
(12) If the Authority establishes a special tow-away area, it is to
cause a notice to be published in at least 2 newspapers
circulating in the area to which the special tow-away area
relates. The notice must describe or identify the special tow-
away area, and specify the period for which the area concerned
is to operate as a special tow-away area.
[10] Section 76A
Insert after section 76:
76A Removal of vehicles--incidental provisions relating to towing
(1) If a motor vehicle or trailer is removed in accordance with
section 75 or 76 by a tow truck, the person operating or driving
the tow truck may take such action as is reasonable or
necessary to facilitate the towing of the vehicle or trailer in a
manner that does the least damage to the vehicle or trailer. In
taking any such action, the person is not liable for any damage
to the vehicle or trailer that the person causes.
Note. For example, a tow truck driver may need to break into an
unattended motor vehicle that is causing an obstruction in order to release
the hand brake and avoid doing serious damage to the vehicle's
transmission.
(2) If a motor vehicle or trailer is removed in accordance with
section 75 or 76 by a tow truck, the person or body that
authorised or caused the removal is not vicariously liable for
any damage caused to the vehicle or trailer by the person
operating or driving the tow truck.
[11] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Tow Truck Industry Amendment Act 1999
Page 16
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