Victorian Consolidated Regulations

ROAD SAFETY ROAD RULES 2017 - REG 312

    (1)     It is a defence to the prosecution of the driver of a tow truck for an offence against a provision mentioned in subrule (2) if, at the time of the offence—

        (a)     the driver is engaged in loading, or connecting to, a vehicle to which this rule applies; and

        (b)     the driver is unable to comply with the provision; and

        (c)     the tow truck is displaying a flashing light; and

        (d)     the driver is acting safely.

Note

Tow truck is defined in the dictionary.

    (2)     For subrule (1), the provisions are as follows—

    •     Part 4 (Making turns);

    •     Part 6 (Traffic lights and twin red lights);

    •     Division 1 (Places with stop signs, stop lines, give way signs or give way lines) of Part 7 (Giving way);

    •     Part 8 (Traffic signs and road markings);

    •     Part 9 (Roundabouts);

    •     Part 11 (Keeping left, overtaking and other driving rules);

    •     Part 12 (Restrictions on stopping and parking);

    •     rule 288 (Driving on a path);

    •     rule 289 (Driving on a nature strip);

    •     rule 290 (Driving on a traffic island).

    (3)     This rule applies to the following vehicles—

        (a)     a vehicle at the scene of a crash;

        (b)     a disabled vehicle;

        (c)     a vehicle unsafely or unlawfully parked that the driver is authorised to tow away.

Note

Crash is defined in the dictionary. Vehicle is defined in rule 15.