Western Australian Current Acts

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ROAD TRAFFIC ACT 1974 - SECT 102

102 .         Copy of towing arrangement must be given

        (1)         If a motor vehicle has been towed using a tow truck, or loaded or partially loaded onto a tow truck, a relevant person for the vehicle, or a police officer, may request a copy of the towing arrangement in relation to the towing from any or all of the following —

            (a)         the tow truck driver;

            (b)         if the tow truck driver is not the towing service provider who is party to the towing arrangement — that towing service provider;

            (c)         if the vehicle is or was stored in a storage yard after being towed — the person in charge of the storage yard.

        (2)         A person to whom a request is made under subsection (1) must, as soon as is practicable but in any event within 5 business days after the day on which the request is made, give the relevant person or police officer a copy of the towing arrangement.

        Penalty for this subsection: a fine of 100 PU.

        (3)         A request under subsection (1) may be made whether or not the vehicle has been released.

        (4)         A towing service provider must, for each towing arrangement to which the towing service provider is a party, ensure that the following persons are given, or have access to, the towing arrangement —

            (a)         each tow truck driver requested or permitted to tow motor vehicles under the towing arrangement;

            (b)         the person in charge of each storage yard that is approved under section 104(3) for a tow truck driver referred to in paragraph (a).

        Penalty for this subsection: a fine of 40 PU.

        (5)         Regulations may make provision for or in relation to the disclosure or publication of towing arrangements or the information contained in towing arrangements.

        [Section 102 inserted: No. 38 of 2020 s. 5.]



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