Western Australian Current Acts

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94 .         Term used: towing arrangement

        (1)         A towing arrangement is an agreement between a controller of premises and another person (the towing service provider ) —

            (a)         by which the controller requests or permits the towing of 1 or more motor vehicles parked at the premises by the towing service provider or a tow truck driver authorised by the towing service provider; and

            (b)         that —

                  (i)         meets the requirements of subsection (2); or

                  (ii)         is approved, or in a class of agreements approved, under subsection (3).

        (2)         For the purposes of subsection (1)(b)(i), the agreement must —

            (a)         be in the form approved by the CEO; and

            (b)         be signed by or on behalf of the controller; and

            (c)         provide for a call-out charge to be paid by the controller in the event that a tow truck driver is called to the premises to tow a vehicle but the vehicle is not towed and no on-site release charge is paid.

        (3)         The CEO may, in writing, approve for the purposes of subsection (1)(b)(ii) an agreement, or a class of agreements, made before commencement day in relation to towing.

        (4)         A towing arrangement may relate to 1 or more specified vehicles or may be a general arrangement requesting or permitting the towing of vehicles parked at the premises in circumstances set out in the arrangement.

        [Section 94 inserted: No. 38 of 2020 s. 5.]

        [Heading inserted: No. 38 of 2020 s. 5.]

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