Queensland Consolidated Acts

TOW TRUCK ACT 1973 - SECT 43

43 Regulation-making power

(1) The Governor in Council may make regulations under this Act.

(2) A regulation may make provision about the following—

(a) the making of applications for licences, certificates or permits;

(b) the grant and renewal of licences or certificates and the grant of permits;

(c) the return or destruction of documents evidencing a licence or certificate after expiry of the licence or certificate;

(d) obtaining and dealing with towing authorities;

(e) the identification of the holder of a licence, certificate or permit in a document evidencing that the person holds the licence, certificate or permit;

(f) the damaging of documents;

(g) the replacement of documents;

(h) the notification of a change of personal particulars;

(i) the carrying of documents;

(j) the duties and standard of conduct of persons operating tow trucks and of persons employed on or in connection with the use of tow trucks;

(k) the inspection of tow trucks by an authorised officer for the purposes of determining whether or not they comply with this Act and the action to be taken if tow trucks do not so comply, and in connection with any inspection authorising the entry in or upon any tow truck, building or place;

(l) the powers of an authorised officer to enter upon premises from which a tow truck operator conducts his or her business and to inspect, seize and make copies of those records, and the production of those records by any person having custody thereof upon the requisition of an authorised officer;

(m) the production to authorised officers and other prescribed persons of licences, certificates, permits and other documents;

(n) the fees payable under this Act and the purposes for which those fees are payable, and the fixing of those fees;

(o) the design, classification, construction, equipment and identification of tow trucks;

(p) the minimum age and required qualifications of—

(i) drivers of tow trucks; or

(ii) other persons to be employed on or in connection with the use of tow trucks;

(q) the conditions under which tow trucks may be operated;

(r) the areas in which tow trucks may be operated to tow prescribed motor vehicles;

(s) premises or places to which tow truck operators deliver or cause to be delivered motor vehicles towed by the tow truck they operate and the use of those premises or places by those operators and the towing of motor vehicles thereto;

(t) investigating charges being made, or that should be made, for—

(i) towing, storing or releasing prescribed motor vehicles; or

(ii) salvaging damaged motor vehicles;

(u) appointing persons to investigate matters mentioned in paragraph (t) ;

(v) the powers of persons appointed to investigate matters mentioned in paragraph (t) ;

(w) the things for which tow truck operators may impose a charge, and the maximum and minimum amounts for any charge;

(x) the amounts to be charged for towing and keeping vehicles impounded under the Police Powers and Responsibilities Act 2000 , chapter 4 or 22 ;

(y) notification of the sale, disposal or acquisition of licensed tow trucks or tow trucks in respect of which permits have been issued;

(z) the granting of exemption or conditional exemption from compliance with all or any of the provisions of this Act and the revocation of any exemption or conditional exemption so granted;

(za) penalties of not more than 80 penalty units for each offence against a regulation.

(3) Without limiting subsection (1) or (2) , a regulation may provide for the following—

(a) a document evidencing a driver’s certificate or assistant’s certificate to be in the form of a card or something similar approved by the chief executive and on which information may be stored electronically;

(b) a PIN to be used by the holder of a driver’s certificate or assistant’s certificate as a security measure to protect information stored electronically on a document evidencing the certificate.

(4) Also, without limiting subsections (1) to (3) , a regulation may provide that—

(a) a document evidencing a person’s driver’s certificate or assistant’s certificate may include on it information about another transport authority held by the person under a prescribed transport Act, if allowed under that Act; or

(b) information about a driver’s certificate or an assistant’s certificate may be included on another transport authority.

Note—

See also the Transport Planning and Coordination Act 1994 , section 36G for smartcard transport authorities.

(5) In this section—

"prescribed transport Act" means—

(a) this Act; or

(b) the Transport Operations (Passenger Transport) Act 1994 ; or

(c) the Transport Operations (Road Use Management) Act 1995 .

"transport authority" means—

(a) a driver’s certificate or an assistant’s certificate; or

(b) driver authorisation under the Transport Operations (Passenger Transport) Act 1994 ; or

(c) a prescribed authority (other than a Queensland driver licence) under the Transport Operations (Road Use Management) Act 1995 .