ACCIDENT TOWING SERVICES REGULATIONS 2019

Victorian Consolidated Regulations

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ACCIDENT TOWING SERVICES REGULATIONS 2019 - SCHEDULE 3

Schedule 3—Infringements

Regulation 54

INFRINGEMENTS

In this Schedule—

"ATSA" means Accident Towing Services Act 2007 ;

"ATSR" means Accident Towing Services Regulations 2019 .

Column 1

Item no.

Column 2

Description of infringement
offence

Column 3

Prescribed infringement offence

Column 4

Infringement penalty

Column 5

Code

1

Failing to keep records

Regulation 19(1) of the ATSR

1·25 penalty units

4429

2

Failing to keep records at specified depot for specified period

Regulation 19(2) of the ATSR

1·25 penalty units

4430

3

Failing to make records available on demand

Regulation 19(4) of the ATSR

1·25 penalty units

4415

4

Failing to provide a copy of salvage photograph

Regulation 19(6) of the ATSR

1·25 penalty units

8308

5

Failing to keep specified depot open for business

Regulation 21(1) of the ATSR

1·5 penalty units

4431

6

Specified depot not contactable during business hours

Regulation 21(2) of the ATSR

1·5 penalty units

4432

7

Failing to display necessary sign at specified depot

Regulation 21(3) of the ATSR

1·5 penalty units

4433

8

Tow truck not usually based at specified depot during the specified hours

Regulation 21(5) of the ATSR

1·5 penalty units

4434

9

Tow truck not equipped with broom, shovel and rubbish receptacle

Regulation 23(1)(d) of the ATSR

1·5 penalty units

4406

10

Tow truck not equipped with fire extinguisher

Regulation 23(1)(e) of the ATSR

1·5 penalty units

4407

11

Tow truck not fitted with warning lights

Regulation 23(1)(f) of the ATSR

1·5 penalty units

4405

12

Tow truck not fitted with adjustable lights

Regulation 23(1)(g) of the ATSR

1·5 penalty units

4435

13

Tow truck not equipped with lightboard

Regulation 23(1)(h) of the ATSR

1·5 penalty units

4436

14

Failing to display name and address
of licence holder
on tow truck

Regulation 25(1) of the ATSR

1·5 penalty units

4421

15

Failing to display
the word "depot" followed by the depot number on tow truck

Regulation 25(2) of the ATSR

1·5 penalty units

4437

16

Failing to prevent
use of tow truck while subject to repair notice

Regulation 27(3) of the ATSR

1·5 penalty units

4427

17

Failing to activate warning lights
when picking up
or setting down accident damaged motor vehicle at
road accident scene

Regulation 28(1)(b)
of the ATSR

1·5 penalty units

4438

18

Failing to correctly display lightboard

Regulation 29
of the ATSR

1·5 penalty units

4439

19

Driver of rostered tow truck fails to ensure tow truck not used to tow more than one vehicle at the same time

Regulation 37(10)
of the ATSR

1·5 penalty units

4440

20

Tow truck being driven or used without bound
book of forms for authorities to tow

Regulation 43(3) of the ATSR

1·5 penalty units

4402

21

Failing to ensure that forms for authorities to tow are used in order of serial number

Regulation 43(5) of the ATSR

1·5 penalty units

4441

22

Failing to ensure removal of debris
and glass from road accident scene

Regulation 45(1) of the ATSR

1·5 penalty units

4424

23

Refusing to salvage or tow accident damaged motor vehicle

Regulation 47(1) of the ATSR

4 penalty units

4422

24

Refusing to provide vehicle owner with opportunity to make payment

Regulation 48(1) of the ATSR

4 penalty units

4442

25

Operating a tow
truck in the course
of conducting an accident towing service business without the required tow truck licence

Section 6
of the ATSA

10 penalty units

8301

26

Operating a tow
truck in the course
of conducting an accident towing service business other than from specified depot, and without required

Section 7
of the ATSA

10 penalty units

8302

towing operator accreditation and without vehicle registration and providing a towing service for a vehicle that tow truck is not capable of towing

27

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

Section 8(1)
of the ATSA

10 penalty units

4419

28

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

Section 8(2)
of the ATSA

10 penalty units

8303

29

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 vehicle that tow
truck is not capable of towing

Section 8(3)
of the ATSA

10 penalty units

8304

30

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 the tow truck licence

Section 9(1)
of the ATSA

10 penalty units

8305

31

Driving for hire or reward a vehicle that is not a tow truck
to tow an accident damaged motor vehicle or to clear
a road accident scene

Section 9A
of the ATSA

10 penalty units

8309

32

Failing to carry temporary permit

Section 36
of the ATSA

1·5 penalty units

4447

33

Failing to produce temporary permit when requested

Section 37
of the ATSA

1·5 penalty units

4448

34

Permitting or allowing a person to travel in an accident damaged motor vehicle that is being towed

Section 40(1)
of the ATSA

3 penalty units

4449

35

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 damaged motor vehicle with gross vehicle mass of less than 4 tonnes from road accident scene in controlled area, without an authorisation

Section 42(1)
of the ATSA

12 penalty units

4450

36

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

Section 42(2)
of the ATSA

8 penalty units

4412

37

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

Section 44(1)
of the ATSA

12 penalty units

7400

38

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 gross vehicle mass
of less than 4 tonnes from a safe and convenient place

Section 44(2) of the ATSA

8 penalty units

7401

39

Causing more
than one accident damaged motor vehicle to be towed under one job number

Section 45(1) of the ATSA

10 penalty units

7402

40

As driver of tow truck operating
under regular tow truck licence,
towing more than
one accident damaged motor vehicle under
a job number

Section 45(2) of the ATSA

8 penalty units

7403

41

Causing tow truck operating under regular tow truck licence to attend a road accident scene or to tow or attempt to tow an accident damaged motor vehicle with a gross vehicle mass of less than 4 tonnes from a road accident scene when that road accident scene is in
a self-management area and where the specified depot for the tow truck is outside the self‑management area

Section 51(1) of the ATSA

8 penalty units

7404

42

Causing tow truck operating under regular tow truck licence, without authority under the ATSA, to attend a road accident scene or to tow or attempt to tow an accident

Section 51(2) of the ATSA

8 penalty units

7405

damaged motor vehicle with a gross vehicle mass
of less than 4 tonnes from a road accident scene when that
road accident scene
is outside a self‑management area and where the specified depot for the tow truck is inside that self‑management area

43

Carrying on an accident towing service business without accreditation

Section 56(1) of the ATSA

10 penalty units

7406

44

Managing an accident towing service business
from a depot without accreditation

Section 56(2) of the ATSA

10 penalty units

7407

45

Driving a licensed tow truck without holding tow truck driver accreditation

Section 98(1) of the ATSA

8 penalty units

4416

46

Driving a licensed tow truck with an expired tow truck driver accreditation

Section 98(1B)
of the ATSA

4 penalty units

8310

47

While being the holder of a tow truck driver accreditation, allowing another person to drive a licensed tow truck or a tow truck being used to provide accident towing services or be a passenger in a tow truck that is providing accident towing services (whether or not the tow truck is a licensed tow truck) when that other person is not accredited

Section 98(2) of the ATSA

8 penalty units

4418

48

Failing to comply with conditions of a tow truck driver accreditation

Section 115
of the ATSA

1·5 penalty units

7408

49

Failing to notify the Secretary of change of address or failing to return accreditation certificate to the Secretary for amendment

Section 118
of the ATSA

1·25 penalty units

4401

50

Failing to carry
tow truck driver accreditation certificate when required to do so under Part 4 of the ATSA

Section 120(1)
of the ATSA

1·5 penalty units

4417

51

Failing to carry
tow truck driver accreditation certificate when accompanying driver of tow truck in circumstances when he or she is required to hold a tow truck driver accreditation

Section 120(2)
of the ATSA

1·5 penalty units

8306

52

Failing to produce certificate of
tow truck driver accreditation
when requested

Section 121(1)
of the ATSA

1·5 penalty units

7409

53

Failing to produce tow truck driver accreditation certificate when accompanying
driver of tow truck
in circumstances
in which he or she
is required to be accredited under

Section 121(2)
of the ATSA

1·5 penalty units

8307

Part 4 of the ATSA and if asked to do
so by an authorised officer, police officer or owner or driver of accident damaged motor vehicle

54

Towing an accident damaged motor vehicle from a
road accident scene without an authority to tow

Section 142(1)
of the ATSA

5 penalty units

7410

55

Towing an accident damaged motor vehicle from a safe and convenient place on a designated road without an authority to tow

Section 142(2)
of the ATSA

5 penalty units

7411

56

Failing to record the job number on an authority to tow

Section 143
of the ATSA

3 penalty units

7412

57

Failing to give a copy of the authority to tow to the person who authorised the tow

Section 144
of the ATSA

1·5 penalty units

4404

58

Failing to carry an authority to tow while towing

Section 145(1)
of the ATSA

1·5 penalty units

7413

59

Failing to produce an authority to tow when requested

Section 145(2)(a) of the ATSA

1·5 penalty units

7414

60

Failing to give job number to police officer or authorised officer upon request

Section 145(4)
of the ATSA

1·5 penalty units

7415

61

Failing to tow accident damaged motor vehicle to the place specified in the authority to tow

Section 146
of the ATSA

3 penalty units

4423

62

Failing to provide a copy of the authority to tow to the owner

Section 146A
of the ATSA

1·25 penalty units

8311

63

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

Section 147
of the ATSA

12 penalty units

7416

64

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

Section 148(1)
of the ATSA

12 penalty units

4414

65

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

Section 150(1)
of the ATSA

3 penalty units

8312

66

Failing to store accident damaged motor vehicle in secure area

Section 150(1A) of the ATSA

3 penalty units

7418

Column 1 Item no.	Column 2 Description of infringement offence	Column 3 Prescribed infringement offence	Column 4 Infringement penalty	Column 5 Code
1	Failing to keep records	Regulation 19(1) of the ATSR	1·25 penalty units	4429
2	Failing to keep records at specified depot for specified period	Regulation 19(2) of the ATSR	1·25 penalty units	4430
3	Failing to make records available on demand	Regulation 19(4) of the ATSR	1·25 penalty units	4415
4	Failing to provide a copy of salvage photograph	Regulation 19(6) of the ATSR	1·25 penalty units	8308
5	Failing to keep specified depot open for business	Regulation 21(1) of the ATSR	1·5 penalty units	4431
6	Specified depot not contactable during business hours	Regulation 21(2) of the ATSR	1·5 penalty units	4432
7	Failing to display necessary sign at specified depot	Regulation 21(3) of the ATSR	1·5 penalty units	4433
8	Tow truck not usually based at specified depot during the specified hours	Regulation 21(5) of the ATSR	1·5 penalty units	4434


9	Tow truck not equipped with broom, shovel and rubbish receptacle	Regulation 23(1)(d) of the ATSR	1·5 penalty units	4406
10	Tow truck not equipped with fire extinguisher	Regulation 23(1)(e) of the ATSR	1·5 penalty units	4407
11	Tow truck not fitted with warning lights	Regulation 23(1)(f) of the ATSR	1·5 penalty units	4405
12	Tow truck not fitted with adjustable lights	Regulation 23(1)(g) of the ATSR	1·5 penalty units	4435
13	Tow truck not equipped with lightboard	Regulation 23(1)(h) of the ATSR	1·5 penalty units	4436
14	Failing to display name and address of licence holder on tow truck	Regulation 25(1) of the ATSR	1·5 penalty units	4421
15	Failing to display the word "depot" followed by the depot number on tow truck	Regulation 25(2) of the ATSR	1·5 penalty units	4437
16	Failing to prevent use of tow truck while subject to repair notice	Regulation 27(3) of the ATSR	1·5 penalty units	4427
17	Failing to activate warning lights when picking up or setting down accident damaged motor vehicle at road accident scene	Regulation 28(1)(b) of the ATSR	1·5 penalty units	4438
18	Failing to correctly display lightboard	Regulation 29 of the ATSR	1·5 penalty units	4439


19	Driver of rostered tow truck fails to ensure tow truck not used to tow more than one vehicle at the same time	Regulation 37(10) of the ATSR	1·5 penalty units	4440
20	Tow truck being driven or used without bound book of forms for authorities to tow	Regulation 43(3) of the ATSR	1·5 penalty units	4402
21	Failing to ensure that forms for authorities to tow are used in order of serial number	Regulation 43(5) of the ATSR	1·5 penalty units	4441
22	Failing to ensure removal of debris and glass from road accident scene	Regulation 45(1) of the ATSR	1·5 penalty units	4424
23	Refusing to salvage or tow accident damaged motor vehicle	Regulation 47(1) of the ATSR	4 penalty units	4422
24	Refusing to provide vehicle owner with opportunity to make payment	Regulation 48(1) of the ATSR	4 penalty units	4442
25	Operating a tow truck in the course of conducting an accident towing service business without the required tow truck licence	Section 6 of the ATSA	10 penalty units	8301
26	Operating a tow truck in the course of conducting an accident towing service business other than from specified depot, and without required	Section 7 of the ATSA	10 penalty units	8302
	towing operator accreditation and without vehicle registration and providing a towing service for a vehicle that tow truck is not capable of towing
27	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	Section 8(1) of the ATSA	10 penalty units	4419
28	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	Section 8(2) of the ATSA	10 penalty units	8303
29	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 vehicle that tow truck is not capable of towing	Section 8(3) of the ATSA	10 penalty units	8304


30	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 the tow truck licence	Section 9(1) of the ATSA	10 penalty units	8305
31	Driving for hire or reward a vehicle that is not a tow truck to tow an accident damaged motor vehicle or to clear a road accident scene	Section 9A of the ATSA	10 penalty units	8309
32	Failing to carry temporary permit	Section 36 of the ATSA	1·5 penalty units	4447
33	Failing to produce temporary permit when requested	Section 37 of the ATSA	1·5 penalty units	4448
34	Permitting or allowing a person to travel in an accident damaged motor vehicle that is being towed	Section 40(1) of the ATSA	3 penalty units	4449
35	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 damaged motor vehicle with gross vehicle mass of less than 4 tonnes from road accident scene in controlled area, without an authorisation	Section 42(1) of the ATSA	12 penalty units	4450
36	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	Section 42(2) of the ATSA	8 penalty units	4412
37	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	Section 44(1) of the ATSA	12 penalty units	7400
38	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 gross vehicle mass of less than 4 tonnes from a safe and convenient place	Section 44(2) of the ATSA	8 penalty units	7401

39	Causing more than one accident damaged motor vehicle to be towed under one job number	Section 45(1) of the ATSA	10 penalty units	7402
40	As driver of tow truck operating under regular tow truck licence, towing more than one accident damaged motor vehicle under a job number	Section 45(2) of the ATSA	8 penalty units	7403
41	Causing tow truck operating under regular tow truck licence to attend a road accident scene or to tow or attempt to tow an accident damaged motor vehicle with a gross vehicle mass of less than 4 tonnes from a road accident scene when that road accident scene is in a self-management area and where the specified depot for the tow truck is outside the self‑management area	Section 51(1) of the ATSA	8 penalty units	7404
42	Causing tow truck operating under regular tow truck licence, without authority under the ATSA, to attend a road accident scene or to tow or attempt to tow an accident	Section 51(2) of the ATSA	8 penalty units	7405
	damaged motor vehicle with a gross vehicle mass of less than 4 tonnes from a road accident scene when that road accident scene is outside a self‑management area and where the specified depot for the tow truck is inside that self‑management area
43	Carrying on an accident towing service business without accreditation	Section 56(1) of the ATSA	10 penalty units	7406
44	Managing an accident towing service business from a depot without accreditation	Section 56(2) of the ATSA	10 penalty units	7407
45	Driving a licensed tow truck without holding tow truck driver accreditation	Section 98(1) of the ATSA	8 penalty units	4416
46	Driving a licensed tow truck with an expired tow truck driver accreditation	Section 98(1B) of the ATSA	4 penalty units	8310
47	While being the holder of a tow truck driver accreditation, allowing another person to drive a licensed tow truck or a tow truck being used to provide accident towing services or be a passenger in a tow truck that is providing accident towing services (whether or not the tow truck is a licensed tow truck) when that other person is not accredited	Section 98(2) of the ATSA	8 penalty units	4418
48	Failing to comply with conditions of a tow truck driver accreditation	Section 115 of the ATSA	1·5 penalty units	7408
49	Failing to notify the Secretary of change of address or failing to return accreditation certificate to the Secretary for amendment	Section 118 of the ATSA	1·25 penalty units	4401
50	Failing to carry tow truck driver accreditation certificate when required to do so under Part 4 of the ATSA	Section 120(1) of the ATSA	1·5 penalty units	4417
51	Failing to carry tow truck driver accreditation certificate when accompanying driver of tow truck in circumstances when he or she is required to hold a tow truck driver accreditation	Section 120(2) of the ATSA	1·5 penalty units	8306
52	Failing to produce certificate of tow truck driver accreditation when requested	Section 121(1) of the ATSA	1·5 penalty units	7409
53	Failing to produce tow truck driver accreditation certificate when accompanying driver of tow truck in circumstances in which he or she is required to be accredited under	Section 121(2) of the ATSA	1·5 penalty units	8307
	Part 4 of the ATSA and if asked to do so by an authorised officer, police officer or owner or driver of accident damaged motor vehicle
54	Towing an accident damaged motor vehicle from a road accident scene without an authority to tow	Section 142(1) of the ATSA	5 penalty units	7410
55	Towing an accident damaged motor vehicle from a safe and convenient place on a designated road without an authority to tow	Section 142(2) of the ATSA	5 penalty units	7411
56	Failing to record the job number on an authority to tow	Section 143 of the ATSA	3 penalty units	7412
57	Failing to give a copy of the authority to tow to the person who authorised the tow	Section 144 of the ATSA	1·5 penalty units	4404
58	Failing to carry an authority to tow while towing	Section 145(1) of the ATSA	1·5 penalty units	7413
59	Failing to produce an authority to tow when requested	Section 145(2)(a) of the ATSA	1·5 penalty units	7414
60	Failing to give job number to police officer or authorised officer upon request	Section 145(4) of the ATSA	1·5 penalty units	7415



61	Failing to tow accident damaged motor vehicle to the place specified in the authority to tow	Section 146 of the ATSA	3 penalty units	4423
62	Failing to provide a copy of the authority to tow to the owner	Section 146A of the ATSA	1·25 penalty units	8311
63	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	Section 147 of the ATSA	12 penalty units	7416
64	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	Section 148(1) of the ATSA	12 penalty units	4414
65	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	Section 150(1) of the ATSA	3 penalty units	8312
66	Failing to store accident damaged motor vehicle in secure area	Section 150(1A) of the ATSA	3 penalty units	7418

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