Queensland Consolidated Acts

TOW TRUCK ACT 1973 - SECT 12

12 Conditions of licence

(1) Every licence shall be subject to the performance and observance by the holder thereof of the provisions of this Act with respect to the licence or to the tow truck or tow trucks to which the licence relates and of the conditions particularised in the licence or affixed thereto.

(2) Without limiting the generality of the provisions of subsection (1) , each of the following is a condition of every licence—

(a) that any tow truck to which the licence relates and its equipment comply with the provisions of any Act relating to the design, construction and serviceability of the tow truck or, as the case may be, its equipment;

(b) that the provisions of any Act relating to limits of weight or speed that are applicable to any tow truck to which the licence relates are complied with;

(c) that the provisions of any Act relating to the limitation of hours of driving are observed;

(d) that the holder of the licence shall not operate any tow truck to which the licence relates unless it has been inspected as required under a regulation under the Transport Operations (Road Use Management) Act 1995 and there is a current certificate of inspection under that regulation for the vehicle;

(e) that a person acting under the authority of the licence or a certificate must not unlock a private property motor vehicle without the consent of the vehicle’s owner or the owner’s agent;

(f) that a person shall not on a road tow a damaged or seized motor vehicle (not being a motor vehicle that is owned by the holder of the licence) by means of any tow truck to which the licence relates unless the person has obtained the consent of the owner thereof, the owner’s agent or an authorised officer to remove that motor vehicle and a duly signed towing authority relating to that motor vehicle dealt with as prescribed;

(g) that a person shall not obtain or attempt to obtain a signature on a form of towing authority unless there has first been entered on that form the full address of the place to which the motor vehicle the subject of the towing authority will be towed and, where any business is carried on in that place, the name of the business;

(h) that all reasonable precautions shall be taken by the holder of the licence and the driver of any tow truck to which the licence relates and any person employed thereon to prevent loss from, or damage to, a prescribed motor vehicle while being towed by the tow truck and that those precautions shall be taken by the holder of the licence while the motor vehicle is otherwise under his or her control;

(i) that the holder of the licence must—

(i) ensure an inventory of found property is made for each prescribed motor vehicle that is towed by a tow truck to which the licence relates; and

(ii) ensure the inventory is made as soon as reasonably practicable after the vehicle arrives at its destination; and

(iii) keep the inventory at the place of business stated in the licence;

(j) that a person shall not tow a damaged or seized motor vehicle from the scene of an incident or seizure by means of any tow truck to which the licence relates to a place other than the place referred to in paragraph (g) ;

(k) that where a motor vehicle has been towed to the place referred to in paragraph (g) , a person shall not, except to return the motor vehicle to the registered owner thereof or the registered owner’s agent authorised in writing, remove the motor vehicle to another place without the written authority of that owner or agent given after the motor vehicle has been towed to the place from which it is to be removed;

(l) that where a damaged or seized motor vehicle has been towed to a place where it is under the control of the holder of the licence, a person shall not refuse to deliver the motor vehicle to the registered owner thereof or the registered owner’s agent duly authorised in writing on request by the owner or the owner’s agent after payment of reasonable charges for the towing and storing of the motor vehicle, and where repair work has been authorised by the owner or the owner’s agent, for that repair work, has been made or tendered;

(m) that a person other than the holder of a certificate shall not accompany the driver of any tow truck to which the licence relates while the tow truck is proceeding to the scene of an incident or seizure, or towing a damaged or seized motor vehicle from the scene of an incident or seizure, unless in either case the person was the owner or the owner’s agent or the driver of or a passenger in that motor vehicle;

(n) that a person shall not obtain or attempt to obtain at the scene of an incident or seizure authority for the towing of a damaged or seized motor vehicle by means of any tow truck to which the licence relates unless the person is the driver of the tow truck having the authority express or implied of the holder of the licence, his or her servants or agents;

(o) that the holder of the licence shall not, unless he or she is the holder of a driver’s certificate obtain or attempt to obtain any authority referred to in paragraph (f) ;

(p) that the driver of any tow truck to which the licence relates shall not (except to the extent necessary to connect the towing equipment of the tow truck to a damaged or seized motor vehicle in respect of which the driver has obtained a towing authority) permit the tow truck to stand upon a road so as to cause an obstruction or to stand at the scene of an incident or seizure for a period longer than that which would reasonably be required to obtain a towing authority in respect of a damaged or seized motor vehicle for which no towing authority has been given;

(q) that any tow truck to which the licence relates shall not be used to tow a damaged or seized motor vehicle while any person is travelling as a passenger in the damaged or seized motor vehicle;

(r) that the holder of the licence and any person employed by the holder of the licence on or in connection with the use of any tow truck to which the licence relates shall comply with the provisions of the Radiocommunications Act 1992 (Cwlth) , and shall not permit or suffer any other person to contravene the provisions of that Act;

(s) that the holder of the licence shall not charge a sum other than a reasonable sum for the towing, salvage or storage of a motor vehicle;

(t) for the towing of a private property motor vehicle from private property—that a person—

(i) if the person is not the holder of a certificate—must not accompany the driver of the tow truck to which the licence relates while the tow truck is—

(A) proceeding to the property; or

(B) towing the vehicle; and

(ii) must not tow the vehicle unless the holder of the licence has a valid towing consent from the occupier of the property relating to the towing of the vehicle from the property; and

(iii) must not tow the vehicle while a person is inside it; and

(iv) must not cause, or allow to be caused, an unreasonable obstruction on private property or a road by a tow truck to which the licence relates; and

(v) must, before towing the vehicle, take reasonable steps to locate the vehicle’s owner; and

(vi) must not, after taking reasonable steps to find the vehicle’s owner, take longer than is reasonably necessary to tow the vehicle; and

(vii) may only tow the vehicle to the nearest holding yard that is owned or leased by the holder of the licence; and

(viii) must not move the vehicle from a holding yard without the written authority of the vehicle’s owner or the owner’s agent; and

(ix) if there are no outstanding charges under this Act for which the owner of the vehicle is liable—must not refuse, or cause another person to refuse, to release the vehicle to the owner, or the owner’s agent.

(3) In this section—

"certificate" means—

(a) a driver’s certificate; or

(b) an assistant’s certificate.