Victorian Consolidated Regulations

ACCIDENT TOWING SERVICES REGULATIONS 2019 - SCHEDULE 2

Schedule 2—Accident towing demerit points

Regulations 49, 50

ACCIDENT TOWING DEMERIT POINTS

In this Schedule—

"ATSA" means Accident Towing Services Act 2007 ;

"ATSR" means Accident Towing Services Regulations 2019 ;

"RSRR" means Road Safety Road Rules 2017;

"SOA" means Summary Offences Act 1966 .

Column 1 Item no.	Column 2 Description of prescribed offence	Column 3 Prescribed offence	Column 4 No. of points
1	Failing to keep records	ATSR 19(1)	2
2	Failing to keep records at specified depot for specified period	ATSR 19(2)	2
3	Failing to make records available on demand	ATSR 19(4)	2
4	Failing to provide copies of records upon request	ATSR 19(5)	2
5	Failing to keep specified depot open for business	ATSR 21(1)	2
6	Specified depot not contactable during business hours	ATSR 21(2)	2
7	Tow truck not usually based at specified depot during the specified hours	ATSR 21(5)	2
8	Driver of rostered tow truck fails to take reasonable steps to attend accident scene within 30 minutes	ATSR 37(1)	2
9	Driver of rostered tow truck fails to ensure tow truck not used to tow more than one vehicle at the same time	ATSR 37(10)	2
10	Tow truck being driven or used without bound book of forms for authorities to tow	ATSR 43(3)	3
11	Failing to ensure removal of debris and glass from road accident scene	ATSR 45(1)	3
12	Failing to take reasonable steps to notify authorities of a hazard	ATSR 45(2)	3
13	Refusing to salvage or tow accident damaged motor vehicle	ATSR 47(1)	3
14	Refusing to provide vehicle owner with opportunity to make payment	ATSR 48(1)	3
15	Operating a tow truck in the course of conducting an accident towing service business without the required tow truck licence	ATSA 6	4
16	Operating a tow truck in the course of conducting an accident towing service business other than from specified depot, and without required towing operator	ATSA 7	4
	accreditation and without vehicle registration and providing towing service for vehicle that tow truck is not capable of towing
17	Driving tow truck in the course of conducting an accident towing service business without regular tow truck licence or heavy tow truck licence authorising operation of the tow truck	ATSA 8(1)	4
18	While driving tow truck in the course of conducting an accident towing service business under regular tow truck licence, towing a vehicle that tow truck is not capable of towing	ATSA 8(2)	4
19	While driving tow truck in the course of conducting an accident towing service business under heavy tow truck licence, towing a vehicle with gross vehicle mass of less than 4 tonnes or a vehicle that tow truck is not capable of towing	ATSA 8(3)	4
20	While driving a tow truck that is normally used to provide towing services for hire or reward, attending a road accident scene while not operating under a tow truck licence	ATSA 9(1)	4
21	Failing to comply with tow truck licence conditions	ATSA 26	2
22	Failing to comply with temporary permit or permit conditions	ATSA 35(5)	2
23	Driver of tow truck damages or loses an accident damaged motor vehicle or the contents of that vehicle	ATSA 38(1)	3
24	Holder of tow truck licence fails to take reasonable steps to prevent damage or loss of an accident damaged motor vehicle or the contents of that vehicle	ATSA 38(3)	3
25	Without reasonable excuse, failing to leave a restricted road accident area when requested	ATSA 41(3)	3
26	Causing tow truck operating under regular tow truck licence to attend road accident scene in controlled area or to be used to tow or attempt to tow accident	ATSA 42(1)	4
	damaged motor vehicle with gross vehicle mass of less than 4 tonnes from road accident scene in controlled area, without an authorisation
27	As driver of tow truck operating under a regular tow truck licence, attending road accident scene in controlled area or towing or attempting to tow accident damaged motor vehicle with gross vehicle mass of less than 4 tonnes from road accident scene in controlled area, without an authorisation	ATSA 42(2)	4
28	Without an authorisation, causing tow truck operating under regular tow truck licence to tow or attempt to tow an accident damaged motor vehicle with a gross vehicle mass of less than 4 tonnes from a safe and convenient place	ATSA 44(1)	4
29	Without an authorisation, as driver of tow truck operating under regular tow truck licence, towing or attempting to tow an accident damaged motor vehicle with a	ATSA 44(2)	4
	gross vehicle mass of less than 4 tonnes from a safe and convenient place
30	Causing more than one accident damaged motor vehicle to be towed under one job number	ATSA 45(1)	3
31	As driver of tow truck operating under regular tow truck licence, towing more than one accident damaged motor vehicle under a job number	ATSA 45(2)	3
32	Failing to comply with conditions of industry accreditation	ATSA 74	2
33	Failing to keep records relating to complaints or to provide complaint information to the Secretary when requested	ATSA 90(1)	3
34	Failing to manage record-keeping and maintenance of information about complaints or to provide complaint information to the Secretary when requested	ATSA 90(2)	3
35	Driving a licensed tow truck without holding a tow truck driver accreditation	ATSA 98(1)	2
36	Accompanying the driver of a tow truck that is providing accident towing services (whether or not the tow truck is a licensed tow truck) without holding a tow truck driver accreditation	ATSA 98(1A)	2
37	Driving a licensed tow truck with an expired tow truck driver accreditation	ATSA 98(1B)	1
38	Accompanying the driver of a tow truck that is providing accident towing services (whether or not the tow truck is a licensed tow truck) with an expired tow truck driver accreditation	ATSA 98(1C)	1
39	Failing to comply with conditions of a tow truck driver accreditation	ATSA 115	2
40	Towing an accident damaged motor vehicle from a road accident scene without an authority to tow	ATSA 142(1)	3
41	Towing an accident damaged motor vehicle from a safe and convenient place on a designated road without an authority to tow	ATSA 142(2)	3
42	Failing to give a copy of the authority to tow to the person who authorised the tow	ATSA 144	3
43	Failing to carry an authority to tow while towing	ATSA 145(1)	3
44	Failing to produce an authority to tow when requested, failing to give details of the origin or destination of an accident damaged motor vehicle, or failing to allow the inspection of an accident damaged motor vehicle	ATSA 145(2)	3
45	Failing to give job number to police officer or authorised officer upon request	ATSA 145(4)	3
46	Failing to tow accident damaged motor vehicle to the place specified in the authority to tow	ATSA 146	3
47	Seeking repair work at a road accident scene or at any time from when the vehicle is towed from a road accident scene to when it is first stored at the address specified in the authority to tow	ATSA 147	4
48	At a road accident scene, tout or solicit for towing or storage business or offer or obtain or attempt to obtain agreement for towing or storing of vehicle	ATSA 148(1)	4
49	As holder of tow truck licence, failing to ensure that accident damaged motor vehicle is towed to the place specified in the authority to tow	ATSA 150(1)	3
50	Failing to store accident damaged motor vehicle in secure area	ATSA 150(1A)	3
51	Failing to provide vehicle owner written notice regarding storage charges	ATSA 151(1)	3
52	Commencing or carrying out repair work without written approval of the owner	ATSA 153(1)	4
53	Failing to repay charges that were unlawfully collected	ATSA 153(5)	4
54	Failing to release a towed vehicle	ATSA 156(1)	4
55	Failing to take reasonable steps to ensure that the release of a towed vehicle is not frustrated or obstructed by another person	ATSA 156(2)	4
56	Failing to comply with a requirement of the Secretary or an inspector	ATSA 203(1)	3
57	Obstructing or hindering an inspector	ATSA 203(2)	4
58	Impersonating an inspector	ATSA 203(3)	4
59	Charging an unreasonable sum or a sum in excess of determination	ATSA 212I(1)	4
60	Providing false or misleading information	ATSA 215(1)	4
61	Obscene language, offensive behaviour, etc.	SOA 17 (in towing-related circumstances only)	3
62	Assault	SOA 23 (in towing-related circumstances only)	4
63	Failing to remove thing fallen from driver's vehicle onto road that may injure a person or damage a vehicle	RSRR 293 (in towing-related circumstances only)	3

Sch. 3 amended by S.R. Nos 148/2019 reg. 4(Sch. 1 item 30), 128/2022 reg. 9.