(1A) Except as
provided in subregulation (2), (3) or (3A), the driver of a
Class 3 or Class 4 tow truck towing a vehicle must have control of
the braking system of the towed vehicle.
Penalty for this subregulation:
(a) for
a first offence, a fine of 2 PU;
(b) for
a second or subsequent offence, a fine of 4 PU.
(1) In the case of a
Class 3 or Class 4 tow truck towing a vehicle of which the driver of
the tow truck has control of the braking system, and the brakes can be used,
there is no limitation on the mass of the towed vehicle.
(2) If a Class 3
or Class 4 tow truck is required to tow a vehicle which is damaged so as
to prevent coupling of the braking system to the tow truck, the brakes may be
operated from the driving position of the towed vehicle.
(3) If a vehicle is so
damaged as to prevent the braking system from being used, a police officer may
authorise the vehicle to be towed, by a tow truck of the appropriate class, to
the nearest place of safety.
(3A) In the case of a
tilt tray tow truck towing a vehicle by means of an underlift system in
circumstances where the driver of the tow truck does not have control of the
braking system of the towed vehicle, the maximum combined mass of the tilt
tray tow truck and the towed vehicle must not exceed the lesser of the
following —
(a) the
tilt tray tow truck GVM plus its towing capacity;
(b) if
the tilt tray tow truck towing capacity is not specified by the
manufacturer — the tilt tray tow truck GVM plus 750 kg;
(c) the
tilt tray tow truck GCM.
(4) A person must not
alter the setting of the brake (slack) adjusters of a vehicle fitted with
maxi‑spring emergency/parking brakes for the purpose of towing the
vehicle.
Penalty for this subregulation:
(a) for
a first offence, a fine of 2 PU;
(b) for
a second or subsequent offence, a fine of 4 PU.
[Regulation 417 amended: SL 2022/174
r. 13.]
[Heading inserted: SL 2025/4 r. 4.]