{"id":"sr:accident-towing-services-regulations-2019","name":"Accident Towing Services Regulations 2019","slug":"accident-towing-services-regulations-2019","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181506,"registerId":"vic-sr:accident-towing-services-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to facilitate the safe, timely and efficient provision of accident towing services and other related services; and\n\n(b) to impose requirements on tow truck licence holders, accredited persons and others that advance the objective set out in section 4 of the **Accident Towing Services Act 2007**; and\n\n(c) to ensure that the attendance of licensed tow trucks at road accident scenes in controlled areas is controlled and efficient; and\n\n(d) to regulate the behaviour of tow truck drivers at road accident scenes; and\n\n(e) to provide for accident towing demerit points for relevant prescribed offences; and\n\n(f) to prescribe infringement offences and prescribe the penalties for those offences.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 223 of the **Accident Towing Services Act 2007**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 14 December 2019.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Accident Towing Services Regulations 2008[[1]](#endnote-2);\n\n(b) the Accident Towing Services Amendment (Licence Fees) Regulations 2010[[2]](#endnote-3);\n\n(c) the Accident Towing Services Amendment Regulations 2012[[3]](#endnote-4);\n\n(d) the Accident Towing Services Amendment (Peninsula Link) Regulations 2012[[4]](#endnote-5);\n\n(e) the Accident Towing Services Amendment Regulations 2014[[5]](#endnote-6).\n\n","sortOrder":0},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"\t5 Definitions\n\nIn these Regulations—\n\nReg. 5 def. of *allocation officer* amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 1(a)).\n\n***allocation officer***, in relation to the allocation body of a controlled area,  means a person appointed by the Secretary under regulation 30(2);\n\nReg. 5 def. of *chief allocation officer* amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 1(b)).\n\n***chief allocation officer***, in relation to the allocation body of a controlled area,  means the person appointed by the Secretary under regulation 30(1);\n\nReg. 5 def. of *depot number* amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 1(c)).\n\n***depot number*** means the identification number allocated by the Secretary to a specified depot under regulation 21(6);\n\n***driver licence***  has the same meaning as in the **Road Safety Act 1986**;\n\n***exempt tow truck licence*** means a Melbourne licence that has been exempted from the requirement that a tow truck be specified in respect of the licence under section 27(1) of the Act;\n\n***highway*** has the same meaning as in the **Road Safety Act 1986**;\n\n***industry accreditation*** means—\n\n(a) a towing operator accreditation; or\n\n(b) a towing depot manager accreditation;\n\n***licence holder*** means a person who is the holder of a regular tow truck licence or a heavy tow truck licence;\n\n***lightboard*** means a lightboard that complies with regulation 23(1)(h);\n\n***non-exempt tow truck licence*** means a Melbourne licence that is not an exempt tow truck licence;\n\n***rostered tow truck*** in relation to a  regular tow truck licence (the holder of which has been granted a place on the road accident scene roster for a controlled area) means—\n\n(a) subject to paragraph (b), the tow truck specified in respect of the licence under section 10 of the Act; or\n\n(b) in the case of a transferred towing entitlement, the tow truck specified in the non-exempt tow truck licence under section 10 of the Act;\n\nReg. 5 def. of *standards for registration* amended by S.R. No. 97/2025 reg. 4.\n\n***standards for registration*** has the same meaning as in the Road Safety (Vehicles) Regulations 2021[[6]](#endnote-7);\n\n***the Act*** means the **Accident Towing Services Act 2007**;\n\n***tow truck licence certificate*** means the certificate given to the holder of a tow truck licence under section 24 of the Act;\n\n***transferred towing entitlement*** means an allocation roster entitlement applied to a non‑exempt tow truck licence that was previously applied to an exempt tow truck licence.\n\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Industry accreditation and driver accreditation","content":"Part 2—Industry accreditation and driver accreditation\n\n","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Qualifications for accreditations and renewals","content":"\t6 Qualifications for accreditations and renewals\n\nReg. 6(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 2).\n\n(1) The Secretary may make a determination as to qualifications to be required of, and tests to be passed by, an applicant for—\n\n(a) an industry accreditation; or\n\n(b) a tow truck driver accreditation; or\n\n(c) the renewal of either accreditation.\n\n(2) A qualification or test determined under subregulation (1) must be one that promotes the safe, timely, efficient and law abiding provision of accident towing services.\n\n(3) Without limiting subregulation (1), qualifications may include formal training, informal training or prior work experience.\n\n","sortOrder":3},{"sectionNumber":"7","sectionType":"section","heading":"Notice to be given before determination is made","content":"\t7 Notice to be given before determination is made\n\nReg. 7(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 3(a)).\n\n(1) Before making a determination under regulation 6, the Secretary must—\n\n(a) cause a notice to be published in the Government Gazette and in a daily newspaper circulating generally throughout Victoria; and\n\n(b) consider all comments and submissions received in response to the notice within the period specified in the notice.\n\n(2) A notice under subregulation (1) must—\n\n(a) outline the contents of the proposed determination; and\n\n(b) state where a copy of the proposed determination may be obtained or inspected; and\n\n(c) invite public comments or submissions within such time (being not less than 28 days from the publication of the notice) as is specified in the notice.\n\nReg. 7(3) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 3(b)).\n\n(3) The Secretary may give the notice under subregulation (1) to any person who the Secretary believes may be affected by the proposed determination.\n\nReg. 7(4) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 3(c)).\n\n(4) If the Secretary makes a determination under regulation 6, the Secretary must immediately publish on a website maintained by the Department a list of those qualifications or tests.\n\nReg. 7(5) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 3(b)).\n\n(5) The Secretary is not required to cause a notice to be published under subregulation (1) if the Secretary certifies in writing that the proposed determination is less onerous or not materially different from a previous determination.\n\n\t8 Information to accompany applications for accreditations and renewals\n\nReg. 8(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 4(a)).\n\n(1) An application for an industry accreditation or a tow truck driver accreditation or the renewal of either accreditation must be accompanied by evidence that the applicant holds the qualifications or has passed the tests (if any) determined by the Secretary under regulation 6(1).\n\nReg. 8(2) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 4(b)).\n\n(2) The Secretary must not approve an application for an industry accreditation or a driver accreditation or the renewal of either accreditation unless the Secretary is satisfied that the applicant has complied with subregulation (1).\n\n","sortOrder":4},{"sectionNumber":"9","sectionType":"section","heading":"Additional information to accompany towing operator accreditations and renewals","content":"\t9 Additional information to accompany towing operator accreditations and renewals\n\nFor the purposes of section 60(1)(c)(ii) of the Act, an application under section 59 of the Act for the grant or renewal of a towing operator accreditation must be accompanied by the following evidence—\n\n(a) if the applicant is a company—\n\n(i) a copy of a current company extract; and\n\n(ii) a criminal record check in respect of each director of the company; and\n\n(iii) if the nominated person is not a director—a criminal record check in respect of the nominated person;\n\n(b) if the applicant is an incorporated association—\n\n(i) the certificate of incorporation; and\n\n(ii) the names of the directors at the time of the application; and\n\n(iii) a criminal record check in respect of each director of the incorporated association; and\n\n(iv) if the nominated person is not a director—a criminal record check in respect of the nominated person;\n\n(c) if the applicant is a body corporate other than a company or incorporated association—\n\n(i) a document that is evidence of the existence of the applicant; and\n\n(ii) the names of all office-bearers at the time of the application; and\n\n(iii) a criminal record check in respect of each office bearer; and\n\n(iv) if the nominated person is not an office bearer—a criminal record check in respect of the nominated person.\n\n","sortOrder":5},{"sectionNumber":"10","sectionType":"section","heading":"Conditions of towing operator accreditation—training, testing, tow truck maintenance and other matters","content":"\t10 Conditions of towing operator accreditation—training, testing, tow truck maintenance and other matters\n\n(1) For the purposes of section 72(2) of the Act, the conditions specified in subregulations (2) to (5) apply to a towing operator accreditation.\n\nReg. 10(2) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 5(a)).\n\n(2) The holder of a towing operator accreditation must undergo training and testing as required by the Secretary from time to time in relation to the safe, timely, efficient and law abiding provision of accident towing services.\n\n(3) The holder of a towing operator accreditation must ensure that a licensed tow truck and any associated equipment used in the operation of the accident towing service business by that person is regularly inspected and maintained to ensure that accident towing services are provided safely, reliably and efficiently.\n\n(4) The holder of a towing operator accreditation must ensure that records relating to the inspection and maintenance of a licensed tow truck and associated equipment referred to in subregulation (3) are—\n\n(a) kept for a period of 2 years from the date that the inspection or maintenance takes place; and\n\nReg. 10(4)(b) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 5(b)).\n\n(b) made available to the Secretary within a reasonable time, if requested by the Secretary.\n\n(5) The holder of a towing operator accreditation must ensure that the holder's certificate of accreditation is displayed at the specified depot so that it may be inspected by members of the public.\n\n\t11 Conditions of towing operator accreditation—engagement of persons to drive tow trucks and manage accident towing service businesses\n\n(1) For the purposes of section 72(2) of the Act, the holder of a towing operator accreditation who engages a person to drive a tow truck for the purposes of providing accident towing services and other related services must—\n\n(a) ensure on a regular basis that the driver holds a current tow truck driver accreditation; and\n\n(b) take reasonable steps to ensure that at all times when providing the services the driver—\n\n(i) is technically competent to provide accident towing and related services; and\n\n(ii) is sufficiently fit and healthy to provide accident towing and related services; and\n\n(iii) acts in a manner that is safe, timely, efficient and law abiding; and\n\nReg. 11(1)(c) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 6).\n\n(c) take reasonable steps to ensure that the driver undergoes training and testing as required by the Secretary under regulation 13(1).\n\n(2) The holder of a towing operator accreditation who engages a person to manage an accident towing service business operated by the holder of the towing operator accreditation must—\n\n(a) ensure on a regular basis that the person holds a current towing depot manager accreditation; and\n\nReg. 11(2)(b) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 6).\n\n(b) take reasonable steps to ensure that the person undergoes training and testing as required by the Secretary under regulation 12.\n\nReg. 12 amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 7).\n\n","sortOrder":6},{"sectionNumber":"12","sectionType":"section","heading":"Condition of towing depot manager accreditation","content":"\t12 Condition of towing depot manager accreditation\n\nFor the purposes of section 72(2) of the Act, the holder of a towing depot manager accreditation must undergo training and testing as required by the Secretary from time to time in relation to the safe, timely, efficient and law abiding provision of accident towing services.\n\n","sortOrder":7},{"sectionNumber":"13","sectionType":"section","heading":"Condition of tow truck driver accreditation","content":"\t13 Condition of tow truck driver accreditation\n\nReg. 13(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 8).\n\n(1) The holder of a tow truck driver accreditation must undergo training and testing as required by the Secretary from time to time in relation to the safe, timely, efficient and law abiding provision of accident towing services.\n\n(2) Without limiting subregulation (1), testing may include medical examinations.\n\n","sortOrder":8},{"sectionNumber":"14","sectionType":"section","heading":"Consultation requirements","content":"\t14 Consultation requirements\n\nReg. 14(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 9(a)).\n\n(1) Before imposing a condition on an industry accreditation or a tow truck driver accreditation under regulation 10(2), 12 or 13(1), the Secretary—\n\n(a) must cause a notice to be published in the Government Gazette and in a daily newspaper circulating generally throughout Victoria; and\n\n(b) must consider all comments and submissions received in response to the notice within the period specified in the notice.\n\n(2) A notice under subregulation (1) must—\n\n(a) outline the proposed condition; and\n\n(b) state where a copy of the proposed condition may be obtained or inspected; and\n\n(c) invite public comments or submissions within such time (being not less than 28 days from the publication of the notice) as is specified in the notice.\n\nReg. 14(3) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 9(b)).\n\n(3) In addition to subregulation (1), the Secretary may give the notice to any person who the Secretary believes may be affected by the proposed condition.\n\nReg. 14(4) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 9(c)).\n\n(4) If the Secretary imposes a condition under regulation 10(2), 12 or 13(1), the Secretary must immediately publish on a website maintained by the Department details of the condition.\n\n(5) A condition imposed under regulation 10(2), 12 or 13(1) must be one that promotes the safe, timely, efficient and law abiding provision of accident towing services.\n\nReg. 14(6) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 9(d)).\n\n(6) The Secretary is not required to cause a notice to be published under subregulation (1) if the Secretary certifies in writing that the proposed condition is less onerous or not materially different from a previous condition.\n\nReg. 14(7) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 9(a)).\n\n(7) If the Secretary imposes a condition under regulation 10(2), 12 or 13(1), it must immediately notify the affected accredited persons in writing and specify the time within which the condition must be completed.\n\n","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Tow truck licence certificates","content":"Part 3—Tow truck licence certificates\n\n","sortOrder":10},{"sectionNumber":"15","sectionType":"section","heading":"When a tow truck licence certificate must be returned","content":"\t15 When a tow truck licence certificate must be returned\n\nReg. 15(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 10(a)).\n\n(1) If a tow truck licence certificate held by a licence holder becomes illegible or is altered or defaced, the licence holder must return the certificate to the Secretary and apply for the issue of a replacement certificate within 7 days of becoming aware that the certificate has become illegible or has been altered or defaced.\n\n1. 10 penalty units.\n\n\n(2) If the address of the licence holder, as described on a tow truck licence certificate, changes or requires amendment, the licence holder, within 7 days of changing address or becoming aware of a required amendment, must—\n\nReg. 15(2)(a) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 10(a)).\n\n(a) notify the Secretary of the change of address or the required amendment; and\n\nReg. 15(2)(b) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 10(a)).\n\n(b) return the tow truck licence certificate to the Secretary; and\n\nReg. 15(2)(c) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 10(a)).\n\n(c) apply to the Secretary to amend the certificate or to issue a replacement certificate.\n\n1. 10 penalty units.\n\n\nReg. 15(3) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 10(b)).\n\n(3) The Secretary must issue a replacement certificate on receipt of an application under subregulation (1).\n\nReg. 15(4) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 10(b)).\n\n(4) The Secretary must amend the certificate or issue a replacement certificate on receipt of an application under subregulation (2).\n\n","sortOrder":11},{"sectionNumber":"16","sectionType":"section","heading":"Lost, stolen or destroyed certificates","content":"\t16 Lost, stolen or destroyed certificates\n\nReg. 16(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 11(a)).\n\n(1) A licence holder must apply to the Secretary for a replacement tow truck licence certificate within 7 days of becoming aware that the tow truck licence certificate held by the person has been lost, stolen or destroyed.\n\n1. 10 penalty units.\n\n\nReg. 16(2) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 11(a)).\n\n(2) An application under subregulation (1) must be made in the manner and form determined by the Secretary.\n\nReg. 16(3) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 11(b)).\n\n(3) The Secretary must issue a replacement tow truck licence certificate if it is satisfied that the certificate has been lost, stolen or destroyed.\n\n","sortOrder":12},{"sectionNumber":"17","sectionType":"section","heading":"Annual licence fees","content":"\t17 Annual licence fees\n\n(1) The holder of a regular tow truck licence must pay the following annual licence fees in respect of the tow truck for which the holder has the licence—\n\n(a) 70·13 fee units—if the specified depot is in a controlled area;\n\n(b) 13·98 fee units—if the specified depot is not in a controlled area.\n\n(2) The holder of a heavy tow truck licence must pay an annual licence fee of 13·98 fee units in respect of the tow truck for which the holder has the licence.\n\n(3) The annual licence fees required to be paid under this regulation are payable at the beginning of each financial year.\n\n(4) Despite subregulation (3), if a person is issued with a tow truck licence after the start of a financial year, the annual licence fee is to be reduced on a pro rata basis, calculated from the day the licence is issued.\n\nReg. 17(5) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 12).\n\n(5) The Secretary may permit the holder of a regular tow truck licence that has a specified depot in a controlled area to pay the annual licence fee in instalments.\n\n","sortOrder":13},{"sectionNumber":"18","sectionType":"section","heading":"Alteration of specified depot","content":"\t18 Alteration of specified depot\n\nReg. 18(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 13).\n\n(1) The holder of a tow truck licence may apply in writing to the Secretary for the depot specified in the tow truck licence to be altered.\n\nReg. 18(2) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 13).\n\n(2) On receiving an application under subregulation (1), the Secretary may alter the depot specified in the tow truck licence by substituting another depot for the current depot.\n\n(3) An application must include the following—\n\n(a) the tow truck licence number;\n\n(b) the name, address and telephone number of the licence holder, and the Australian Company Number of the licence holder if the licence holder is a company;\n\n(c) the address of the current depot;\n\n(d) the address of the proposed depot;\n\n(e) the existing accident towing services available at or near the proposed depot;\n\n(f) how the present accident towing services (if any) at or near the proposed depot are inadequate to meet all reasonable public demand;\n\n(g) the advantages of the change of depot to the public at or near the proposed depot;\n\n(h) the impact that the services from the proposed depot would have on any existing accident towing service businesses near the proposed depot;\n\n(i) the effect on the public at or near the current depot, if the proposed depot change is approved.\n\n(4) An application must be accompanied by the following—\n\n(a) a fee of 13·98 fee units;\n\n(b) subject to subregulation (5), a written statement from the municipal council in which the proposed depot would be located supporting the application;\n\n(c) evidence that the applicant has the right to conduct an accident towing service business from the proposed depot;\n\n**Example**\n\nEvidence includes a council rates notice in the name of the licence holder or a lease agreement giving the licence holder the right to conduct an accident towing service business from the proposed depot.\n\n(d) any other information the applicant wishes to provide in support of the application, including any written statement supporting the application from any other government body, industry group, corporation or individual.\n\n(5) A written statement from the municipal council referred to in subregulation (4)(b) is not required if—\n\n(a) there is currently an accident towing service business operating at the address of the proposed depot; and\n\nReg. 18(5)(b) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 13).\n\n(b) the Secretary has received a written statement from the municipal council in which the proposed depot would be located, supporting an application under subregulation (1) in respect of the accident towing service business currently operating at the address of the proposed depot; and\n\n(c) the written statement was received no more than 5 years before the date of the application for the proposed depot.\n\n","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Record keeping and specified depots","content":"Part 4—Record keeping and specified depots\n\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Records to be kept by a licence holder","content":"\t19 Records to be kept by a licence holder\n\n(1) A licence holder must keep the following records for the tow truck specified in the tow truck licence—\n\n(a) copies of invoices of charges for towing and storing accident damaged motor vehicles;\n\n(b) in chronological order, each authority to tow form which has been completed or partially completed;\n\n(c) a record of the name, address, tow truck driver accreditation number and driver licence number of each person who drives the tow truck;\n\n(d) a record of the name, address and towing operator accreditation number or towing depot manager accreditation number of the person who manages the accident towing service business to which the licence relates;\n\n(e) photographs of a salvage operation taken under regulation 43(9), each of which is clearly linked to the authority to tow to which it relates.\n\n1. 10 penalty units.\n\n\n(2) A licence holder must keep the records referred to in subregulation (1)—\n\n(a) at the specified depot for the licensed tow truck; and\n\n(b) for a period of at least one year from the date the last entries in the records were made.\n\n1. 10 penalty units.\n\n\n(3) A licence holder must keep the records in the English language.\n\n1. 10 penalty units.\n\n\n(4) A licence holder must make the records available for inspection on demand by a police officer or an authorised officer.\n\n1. 10 penalty units.\n\n\n(5) If asked by a police officer or an authorised officer, a licence holder must give, within a reasonable time, to the police officer or authorised officer an accurate copy of any part or all of the records referred to in subregulation (1).\n\n1. 10 penalty units.\n\n\n(6) If asked by the owner of an accident damaged motor vehicle that has been salvaged, or the owner's agent, a licence holder must, within a reasonable time and at no cost, give that person a copy of any photographs referred to in subregulation (1)(e).\n\nPenalty: 10 penalty units.\n\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"Manner and form in which records are to be kept","content":"\t20 Manner and form in which records are to be kept\n\n(1) Subject to subregulation (2), a record that must be kept under the Act or these Regulations may be kept in electronic form provided it is convertible into hard copy.\n\n(2) An authority to tow must be kept in hard copy form.\n\n","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"Specified depots","content":"\t21 Specified depots\n\n(1) A licence holder must ensure that the specified depot for a licensed tow truck is open for business and staffed by the licence holder or an agent or employee of the licence holder between the hours of 8.00 a.m. and 5.00 p.m. from Monday to Friday inclusive, but excluding any public holiday.\n\n1. 20 penalty units.\n\n\n(2) A licence holder must ensure that the specified depot for a licensed tow truck is contactable by telephone during the hours of business referred to in subregulation (1).\n\n1. 20 penalty units.\n\n\n(3) A licence holder must ensure that the specified depot for a licensed tow truck has displayed on the exterior of the specified depot a sign displaying—\n\n(a) the name of the licence holder; and\n\nReg. 21(3)(b) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 14(a)).\n\n(b) the depot number allocated by the Secretary, if the depot is within a controlled area; and\n\n(c) the hours of business of the depot; and\n\n(d) the telephone number of the depot.\n\n1. 20 penalty units.\n\n\n(4) A licence holder must ensure that the specified depot for a licensed tow truck is suitable for the conduct of business and the keeping of records as required under the Act and these Regulations.\n\n1. 20 penalty units.\n\n\n(5) A licence holder must ensure that a licensed tow truck—\n\n(a) operates from the specified depot; and\n\n(b) is usually based at the specified depot between the hours of 8.00 a.m. and 5.00 p.m. from Monday to Friday inclusive, but excluding any public holiday.\n\n1. 20 penalty units.\n\n\nReg. 21(6) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 14(b)).\n\n(6) The Secretary must allocate a depot number for each specified depot.\n\n","sortOrder":18},{"sectionNumber":"22","sectionType":"section","heading":"Exemptions from specified depot requirements","content":"\t22 Exemptions from specified depot requirements\n\nReg. 22(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 15(a)(i)).\n\n(1) The Secretary may wholly or partially exempt a licence holder from having to comply with regulation 21(1) if—\n\n(a) the specified depot for the licensed tow truck is located outside a controlled area; and\n\nReg. 22(1)(b) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 15(a)(ii)).\n\n(b) the Secretary is satisfied that it would impose an unreasonable burden on the licence holder to require compliance with regulation 21(1).\n\nReg. 22(2) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 15(a)).\n\n(2) The Secretary may wholly or partially exempt a licence holder from having to comply with regulation 21(5)(b) if the Secretary is satisfied that—\n\n(a) the granting of the exemption or partial exemption would improve the efficiency of the accident towing service provided by the licence holder; and\n\n(b) the granting of the exemption would not unreasonably impact on the accident towing service business of another licence holder.\n\nReg. 22(3) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 15(b)).\n\n(3) An exemption under subregulation (1) or (2) must be in writing and may be subject to any conditions that the Secretary considers fit.\n\nReg. 22(4) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 15(c)).\n\n(4) Before granting an exemption under subregulation (2), the Secretary must consult with any other licence holder that the Secretary believes may be adversely affected by the decision to grant an exemption.\n\n","sortOrder":19},{"sectionNumber":"Part 5","sectionType":"part","heading":"Vehicles","content":"Part 5—Vehicles\n\n","sortOrder":20},{"sectionNumber":"23","sectionType":"section","heading":"Specifications and equipment","content":"\t23 Specifications and equipment\n\n(1) A licence holder must ensure that the tow truck specified in that person's tow truck licence meets the specifications and is fitted or equipped with the equipment as follows—\n\n(a) a load capacity of at least—\n\n(i) 1⋅25 tonnes; or\n\n(ii) in the case of a tow truck operated under a heavy tow truck licence, 4 tonnes;\n\n(b) dual tyres on each side of each axle on the wheels of the rear axle group;\n\n(c) a crane, winch, hoist or other lifting device which has a safe working load of at least—\n\n(i) 1⋅25 tonnes; or\n\n(ii) in the case of a tow truck operated under a heavy tow truck licence, 4 tonnes;\n\n(d) a broom, shovel and a durable rubbish receptacle for the removal of debris and glass attributable to a road accident;\n\n**Example**\n\nDurable rubbish receptacles include plastic or metal buckets and hessian sacks.\n\n(e) a fully maintained foam fire extinguisher of at least 4⋅5 litres capacity or a dry chemical powder fire extinguisher of at least 4⋅5 kilograms capacity;\n\n(f) a warning light or lights (other than a strobe light) that, when switched on—\n\n(i) emit a rotating or flashing yellow coloured light; and\n\n(ii) show a light that is visible in normal daylight from any direction at a distance of not less than 200 metres;\n\n(g) adjustable lights mounted so that the person responsible for loading or unloading an accident damaged motor vehicle has sufficient illumination to do so safely when it is dark;\n\n(h) a lightboard that—\n\n(i) can be securely placed on the rear of the towed vehicle and connected electrically or wirelessly to the tow truck; and\n\n(ii) includes lights and reflector lamps that would, if attached to the rear of the tow truck, meet the standards for registration that apply to a tow truck (including tail lights, number plate lights, brake lights, reversing lights, direction indicator lights and rear reflectors); and\n\n(iii) displays a facsimile of the number plate of the tow truck.\n\n1. 20 penalty units.\n\n\n(2) The requirement set out in subregulation (1)(h) does not apply to a tow truck that lifts vehicles onto the tow truck for carriage or any other tow truck that does not tow vehicles behind it.\n\n","sortOrder":21},{"sectionNumber":"24","sectionType":"section","heading":"Maintenance of equipment","content":"\t24 Maintenance of equipment\n\nA licence holder must ensure that the equipment required to be fitted to a licensed tow truck under regulation 23 is maintained in a safe and serviceable condition.\n\n1. 20 penalty units.\n\n\n","sortOrder":22},{"sectionNumber":"25","sectionType":"section","heading":"Information to be displayed on licensed tow truck","content":"\t25 Information to be displayed on licensed tow truck\n\n(1) A licence holder must ensure that the name and address of the licence holder is displayed in permanent form in or on the tow truck specified in that person's tow truck licence and in the following manner—\n\n(a) on the right front door of the tow truck or on a side panel of the tow truck adjacent to the right front door of the tow truck;\n\n(b) in contrasting letters and numerals at least 50 millimetres high and of proportionate width;\n\n(c) so as to be clearly visible from a distance of at least 5 metres.\n\nPenalty: 20 penalty units.\n\n(2) A licence holder whose specified depot is in a controlled area and whose tow truck is operated under a regular tow truck licence must ensure that the word \"depot\" followed by the depot number is displayed in permanent form in or on the tow truck specified in that person's tow truck licence and in the following manner—\n\n(a) on both front doors of the tow truck;\n\n(b) in contrasting letters and numerals at least 100 millimetres high and of proportionate width;\n\n(c) so as to be clearly visible from a distance of at least 20 metres.\n\nPenalty: 20 penalty units.\n\n","sortOrder":23},{"sectionNumber":"26","sectionType":"section","heading":"Inspection of tow trucks proposed to be specified in a tow truck licence","content":"\t26 Inspection of tow trucks proposed to be specified in a tow truck licence\n\nReg. 26(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 16(a)).\n\n(1) On receiving an application from a licence holder under section 27(4) of the Act to alter the specification of a tow truck in a tow truck licence, the Secretary may direct the licence holder to produce the tow truck proposed to be specified in the tow truck licence for inspection at a specified time and location.\n\nReg. 26(2) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 16(a)).\n\n(2) The time and location specified by the Secretary under subregulation (1) must be reasonable, having regard to the current location of the tow truck that is to be inspected.\n\n(3) An inspection under subregulation (1) must be performed by an authorised officer.\n\nReg. 26(4) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 16(b)).\n\n(4) The Secretary may refuse to consider an application from a licence holder under section 27(4) of the Act if the licence holder does not comply with a direction under subregulation (1).\n\n","sortOrder":24},{"sectionNumber":"27","sectionType":"section","heading":"Notice requiring repairs","content":"\t27 Notice requiring repairs\n\n(1) An authorised officer who inspects a tow truck under regulation 26 may serve a notice on a licence holder requiring the licence holder to fix the matters set out in the notice if the officer finds that the tow truck—\n\n(a) is unsafe, unsuitable or unfit for use for the purpose of providing accident towing services; or\n\n(b) does not comply with the Act or these Regulations or with a condition of the relevant tow truck licence.\n\n(2) A notice under subregulation (1) must—\n\n(a) include sufficient details to identify the vehicle to which it relates; and\n\n(b) clearly set out the matters which must be fixed.\n\n(3) The licence holder must not allow a tow truck to be driven or used as a tow truck for the purpose of providing accident towing services if the matters set out in the notice have not been fixed.\n\n1. 20 penalty units.\n\n\nReg. 27(4) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 17(a)).\n\n(4) The Secretary may withdraw or amend a notice served under subregulation (1), either on the written request of the licence holder or of the Secretary's own accord, if it appears that the notice was wrongly issued or otherwise defective.\n\nReg. 27(5) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 17(b)).\n\n(5) The Secretary must notify the licence holder of a decision made under subregulation (4) to withdraw or amend a notice as soon as practicable.\n\n","sortOrder":25},{"sectionNumber":"28","sectionType":"section","heading":"Operation of warning lights on a licensed tow truck","content":"\t28 Operation of warning lights on a licensed tow truck\n\n(1) The driver of a licensed tow truck must activate each warning light required to be fitted to the tow truck under these Regulations if the tow truck—\n\n(a) is within close proximity to an accident damaged motor vehicle at a road accident scene; or\n\n(b) is being used to pick up or set down an accident damaged motor vehicle at a road accident scene; or\n\n(c) is in a hazardous position on a highway.\n\n1. 20 penalty units.\n\n\n(2) A person must not activate a warning light in circumstances other than those referred to in subregulation (1) unless activated—\n\nReg. 28(2)(a) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 18).\n\n(a) as a condition of driving in an emergency stopping lane in accordance with the written consent of the Secretary under rule 95(2) of the Road Safety Road Rules 2017[[7]](#endnote-8); or\n\n(b) as otherwise required or authorised by or under the Act or any other Act.\n\n1. 10 penalty units.\n\n\n","sortOrder":26},{"sectionNumber":"29","sectionType":"section","heading":"Connection of lightboard when vehicle is towed behind a licensed tow truck","content":"\t29 Connection of lightboard when vehicle is towed behind a licensed tow truck\n\nThe driver of a licensed tow truck must ensure that a lightboard is securely placed behind a vehicle that is being towed behind the tow truck and is connected electrically or wirelessly to the tow truck.\n\n1. 20 penalty units.\n\n\n","sortOrder":27},{"sectionNumber":"Part 6","sectionType":"part","heading":"Tow truck operations in a controlled area","content":"Part 6—Tow truck operations in a controlled area\n\nDivision 1—Road accident scene rosters\n\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Appointment of chief allocation officer and allocation officer","content":"\t30 Appointment of chief allocation officer and allocation officer\n\nReg. 30(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 19).\n\n(1) The Secretary, on the nomination in writing of an allocation body, may appoint a person or the occupier of an office or position to be the chief allocation officer for that allocation body.\n\nReg. 30(2) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 19).\n\n(2) The Secretary, on the nomination in writing of an allocation body, may appoint a person or the occupier of an office or position to be an allocation officer for that allocation body.\n\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Road accident scene roster","content":"\t31 Road accident scene roster\n\n(1) The chief allocation officer of the allocation body for a controlled area must keep a road accident scene roster.\n\n(2) The allocation body for a controlled area must ensure that the following details are recorded in the road accident scene roster for the area, in respect of each place on that roster—\n\n(a) the details of the regular tow truck licence (or, in the case of a transferred towing entitlement, the details of the non-exempt tow truck licence) that has been allocated a place on the roster;\n\n(b) the details of the rostered tow truck.\n\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Inclusion in the roster","content":"\t32 Inclusion in the roster\n\nReg. 32(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 20(a)).\n\n(1) A licence holder may apply in writing to the Secretary for a place on the road accident scene roster for a controlled area if—\n\n(a) the licence holder holds a regular tow truck licence; and\n\n(b) the licence has a specified depot in the controlled area.\n\n(2) In the case where an application for a place on the road accident scene roster relates to an exempt tow truck licence, the application of the licence holder must also nominate a non-exempt tow truck licence held by that person to which the allocation roster entitlement of the exempt licence should be applied.\n\nReg. 32(3) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 20(b)).\n\n(3) The Secretary must refuse an application for a place on a road accident scene roster if the applicant does not meet the requirements set out in subregulation (1) and, if applicable, subregulation (2).\n\nReg. 32(4) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 20(a)).\n\n(4) On approving an application under this regulation, the Secretary must notify, as soon as possible, the chief allocation officer of the relevant allocation body.\n\nReg. 32(5) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 20(b)).\n\n(5) The Secretary may grant or refuse an application under this regulation.\n\nReg. 32(6) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 20(c)).\n\n(6) If the Secretary refuses an application under this regulation, the Secretary must provide the licence holder with written reasons for the decision to refuse the application.\n\n","sortOrder":31},{"sectionNumber":"33","sectionType":"section","heading":"Removal or suspension from the roster","content":"\t33 Removal or suspension from the roster\n\nReg. 33(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 21).\n\n(1) The Secretary must direct the chief allocation officer of the relevant allocation body to remove or suspend an allocated place on the road accident scene roster if—\n\n(a) the licence holder requests that the allocated place be removed or suspended from the roster; or\n\n(b) the specified depot of the licence, exempt tow truck licence or non-exempt tow truck licence is not within the relevant controlled area; or\n\n(c) the tow truck licence, exempt tow truck licence or non-exempt tow truck licence is cancelled or suspended; or\n\n(d) the rostered tow truck is not registered for use on a highway under the **Road Safety Act 1986**; or\n\n(e) the licence holder ceases to hold a towing operator accreditation or that accreditation is suspended; or\n\n(f) the use of the rostered tow truck on a highway would constitute an offence under these Regulations or the Act, the **Road Safety Act 1986**, regulations or rules under that Act; or\n\n(g) the licence holder is an undischarged bankrupt, the licence holder's property is subject to control under the law relating to bankruptcy or (in the case of a corporation) is in liquidation or receivership; or\n\n(h) the licence holder (in the case of a corporation) is deregistered within the meaning of the Corporations Act; or\n\n(i) an annual licence fee, or an instalment of an annual licence fee, in respect of the rostered tow truck is outstanding.\n\n(2) The chief allocation officer of the relevant allocation body must comply with a direction under subregulation (1) within one business day.\n\nReg. 34 amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 22).\n\n","sortOrder":32},{"sectionNumber":"34","sectionType":"section","heading":"Review of decision by VCAT","content":"\t34 Review of decision by VCAT\n\nA person affected by a decision of the Secretary under regulation 33 may apply to VCAT for a review of that decision.\n\n","sortOrder":33},{"sectionNumber":"35","sectionType":"section","heading":"Time period for making application to VCAT","content":"\t35 Time period for making application to VCAT\n\nAn application for review under regulation 34 must be made within 28 days of the later of—\n\n(a) the day on which the decision is made; or\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nDivision 2—Allocations\n\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"Authorisation to attend road accident scene","content":"\t36 Authorisation to attend road accident scene\n\n(1) An allocation officer of an allocation body may make an allocation under subregulation (2) if—\n\n(a) a request has been received by the allocation body to remove an accident damaged motor vehicle from a road accident scene in the controlled area for the allocation body; or\n\n(b) a previous authorisation by the allocation body to remove an accident damaged motor vehicle from a road accident scene in the controlled area for the allocation body has been cancelled.\n\n(2) An allocation is made by contacting the holder of the place on the roster who is next entitled to an allocation and offering that person an allocation and—\n\n(a) if that person accepts the allocation, authorising the person to attend the road accident scene and offer to tow an accident damaged motor vehicle from the scene; or\n\n(b) if the person refuses or is unable to accept the allocation, offering the allocation to the person whose place on the roster is next entitled to an allocation.\n\n(3) If an allocation is made the allocation officer may—\n\n(a) if the accident scene is on the Link road or Extension road—report the matter to the relevant corporation (within the meaning of the **Melbourne City Link Act 1995**) or to an agent of that corporation; and\n\n(b) if the accident scene is on EastLink—report the matter to the Freeway Corporation (within the meaning of the **EastLink Project Act 2004**) or to an agent of that corporation; and\n\n(c) if the accident scene is on the Peninsula Link Freeway—report the matter to the Peninsula Link Freeway Corporation or to an agent of that corporation; and\n\nReg. 36(3)(ca) inserted by S.R. No. 97/2025 reg. 5.\n\n(ca) if the accident scene is on the West Gate Tunnel tollway—report the matter to the relevant West Gate Tunnel agency or to an agent of that agency; and\n\nReg. 36(3)(d) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 23).\n\n(d) if the accident scene is on a designated road (within the meaning of paragraph (d) or (e) of the definition of ***designated road*** in the Act)—report the matter to the Secretary or an agent of the Secretary.\n\n(4) An allocation officer of the relevant allocation body must ensure that—\n\n(a) the authorisation is recorded (including the name and contact details of the person requesting the tow if that information is available to the allocation officer); and\n\n(b) a job number is allocated to the authorisation; and\n\n(c) the job number allocated to the authorisation is matched with the details of the accident damaged motor vehicle that the rostered tow truck tows from the road accident scene when that information is made available to the allocation officer, either by the driver of a rostered tow truck in accordance with regulation 37(9) or otherwise; and\n\n(d) the authorisation is only given for one accident damaged motor vehicle.\n\n","sortOrder":35},{"sectionNumber":"37","sectionType":"section","heading":"Authorised tow truck must attend","content":"\t37 Authorised tow truck must attend\n\n(1) Subject to regulation 39, the driver of a rostered tow truck must take reasonable steps to ensure that after a rostered tow truck is authorised under regulation 36(2) to attend a road accident scene, the rostered tow truck attends the road accident scene within 30 minutes of being given the authorisation.\n\n1. 20 penalty units.\n\n\n(2) The licence holder with respect to a rostered tow truck must take reasonable steps to ensure that subregulation (1) is complied with.\n\n1. 20 penalty units.\n\n\n(3) If a person is operating a rostered tow truck and is not the licence holder with respect to that tow truck, that person must take reasonable steps to ensure that subregulation (1) is complied with.\n\nPenalty: 20 penalty units.\n\n(4) If the driver of a rostered tow truck is unable to ensure that the rostered tow truck attends the road accident scene within 30 minutes of being given the authorisation, the driver must immediately notify the relevant allocation body.\n\n1. 10 penalty units.\n\n\n(5) The licence holder with respect to a rostered tow truck must take reasonable steps to ensure that subregulation (4) is complied with.\n\n1. 10 penalty units.\n\n\n(6) If a person is operating a rostered tow truck and is not the licence holder with respect to that tow truck, that person must take reasonable steps to ensure that subregulation (4) is complied with.\n\nPenalty: 10 penalty units.\n\n(7) The requirements of subregulations (1) to (5) cease to apply if a licence holder, driver or a person at the specified depot is notified by the allocation body for the controlled area that the authorisation is cancelled under regulation 40(1).\n\n(8) The driver of a rostered tow truck must ensure, as soon as is practicable, that the allocation body is notified when the tow truck arrives at the road accident scene.\n\n1. 10 penalty units.\n\n\n(9) The driver of a rostered tow truck must ensure that, as soon as practicable, the allocation body is notified when the tow truck departs from the road accident scene and is given the details of the accident damaged motor vehicle being towed.\n\n1. 10 penalty units.\n\n\n(10) The driver of a rostered tow truck must ensure that the tow truck is not used to tow more than one vehicle from the road accident scene at the same time (regardless of whether the licence holder has been allocated more than one allocation by the allocation body).\n\n1. 20 penalty units.\n\n\n(11) The licence holder with respect to a rostered tow truck must take reasonable steps to ensure that subregulation (10) is complied with.\n\n1. 20 penalty units.\n\n\n(12) If a person is operating a rostered tow truck and is not the licence holder with respect to that tow truck, that person must take reasonable steps to ensure that subregulation (10) is complied with.\n\nPenalty: 20 penalty units.\n\n","sortOrder":36},{"sectionNumber":"38","sectionType":"section","heading":"Attendance at road accident scene outside controlled area","content":"\t38 Attendance at road accident scene outside controlled area\n\nReg. 38(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 24(a)).\n\n(1) The licence holder of a rostered tow truck must take reasonable steps to ensure that the tow truck does not attend a road accident scene outside the controlled area for which the licence holder has a place on the road accident scene roster, unless the Secretary has issued the licence holder an authorisation under subregulation (3).\n\nPenalty: 20 penalty units.\n\nReg. 38(2) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 24(a)).\n\n(2) A person operating a rostered tow truck who is not the licence holder with respect to that tow truck must take reasonable steps to ensure that the tow truck does not attend a road accident scene outside the controlled area for which the licence holder of the rostered tow truck has a place on the road accident scene roster, unless the Secretary has issued the licence holder an authorisation under subregulation (3).\n\nPenalty: 20 penalty units.\n\nReg. 38(3) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 24(b)).\n\n(3) The Secretary may issue a written authorisation to the licence holder with respect to a rostered tow truck enabling the tow truck to attend a road accident scene outside the controlled area for which the licence holder has a place on the road accident scene roster, subject to any conditions specified in the authorisation.\n\n","sortOrder":37},{"sectionNumber":"39","sectionType":"section","heading":"Substitute tow truck","content":"\t39 Substitute tow truck\n\nReg. 39(1) substituted by S.R. No. 128/2022 reg. 4(1).\n\n(1) The licence holder who has been authorised to cause a rostered tow truck to attend a road accident scene must not cause another tow truck to attend the scene in substitution for the rostered tow truck unless—\n\n(a) the depot specified in the licence under which the substitute tow truck operates is the same depot specified in the licence under which the rostered tow truck operates; and\n\n(b) an allocation roster entitlement applies to the tow truck licence under which the substitute tow truck operates.\n\nPenalty: 20 penalty units.\n\nReg. 39(2) amended by S.R. No. 128/2022 reg. 4(2).\n\n(2) If a substitute tow truck attends a road accident scene in accordance with subregulation (1), the substitute tow truck is taken to be a rostered tow truck for the purposes of this Part.\n\n","sortOrder":38},{"sectionNumber":"40","sectionType":"section","heading":"Cancellation of authorisation","content":"\t40 Cancellation of authorisation\n\n(1) An allocation officer of an allocation body may cancel an authorisation given under regulation 36(2) if the holder of a place on the road accident scene roster—\n\n(a) is unable to cause the rostered tow truck to attend the road accident scene within a reasonable period; or\n\nReg. 40(1)(b) revoked by S.R. No. 128/2022 reg. 5.\n\n* * * * *\n\n(c) is otherwise unable to fulfil the authorisation.\n\n(2) If an authorisation is cancelled under subregulation (1), an allocation officer of the allocation body must notify the following that the authorisation is cancelled—\n\n(a) the holder of the place on the road accident scene roster;\n\n(b) a person at the specified depot for the rostered tow truck;\n\n(c) the driver of the rostered tow truck.\n\n(3) Before cancelling an authorisation under subregulation (1)(a), the allocation officer must have regard to current traffic conditions and the likely impact of those conditions on the time within which the holder of a place on the road accident scene roster can cause a rostered tow truck to attend the road accident scene.\n\n","sortOrder":39},{"sectionNumber":"Part 7","sectionType":"part","heading":"Tow truck operations generally","content":"Part 7—Tow truck operations generally\n\n","sortOrder":40},{"sectionNumber":"Div 1","sectionType":"division","heading":"Definition","content":"Division 1—Definition\n\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Definition","content":"\t41 Definition\n\nIn this Part—\n\n***owner*** includes the agent of an owner.\n\n","sortOrder":42},{"sectionNumber":"Div 2","sectionType":"division","heading":"Authorities to tow","content":"Division 2—Authorities to tow\n\n","sortOrder":43},{"sectionNumber":"42","sectionType":"section","heading":"Authorities to tow—prescribed forms","content":"\t42 Authorities to tow—prescribed forms\n\n(1) For the purposes of section 142(1)(b) of the Act, the prescribed form is the form set out in Schedule 1.\n\n(2) For the purposes of section 142(2)(b) of the Act, the prescribed form is the form set out in Schedule 1.\n\n","sortOrder":44},{"sectionNumber":"43","sectionType":"section","heading":"Authorities to tow—offences","content":"\t43 Authorities to tow—offences\n\n(1) Subject to subregulation (2) and section 158 of the Act, an authority to tow form must not contain any information, text or images other than the information, text or images required to be included in the authority to tow form by this Division.\n\n1. 10 penalty units.\n\n\n(2) Despite subregulation (1), an authority to tow form may include—\n\n(a) a tax invoice; or\n\n(b) contact information of the relevant accident towing service business.\n\n(3) The driver of a licensed tow truck must not drive or use the tow truck for the purpose of providing accident towing services unless there is in the tow truck a bound book of authority to tow forms, in the prescribed form, numbered in series and at least in duplicate.\n\n1. 10 penalty units.\n\n\n(4) The licence holder with respect to a tow truck that provides accident towing services must take reasonable steps to ensure that subregulation (3) is complied with.\n\n1. 10 penalty units.\n\n\n(5) The driver of a licensed tow truck when required by the Act to use an authority to tow form, must ensure that the form used is in order of serial number.\n\n1. 10 penalty units.\n\n\n(6) The licence holder with respect to a tow truck that provides accident towing services must take reasonable steps to ensure that subregulation (5) is complied with.\n\n1. 10 penalty units.\n\n\n(7) The driver of a licensed tow truck that provides accident towing services must only use the bound book of authority to tow forms referred to in subregulation (3) in relation to the authorising of the towing of accident damaged motor vehicles.\n\n1. 5 penalty units.\n\n\n(8) The licence holder with respect to a tow truck that provides accident towing services must take reasonable steps to ensure that subregulation (7) is complied with.\n\n1. 5 penalty units.\n\n\n(9) The driver of a licensed tow truck that provides accident towing services must photograph any accident damaged vehicle, clearly showing the condition and location of the vehicle, at any accident scene the driver attends where salvage is undertaken in order to enable the vehicle to be towed.\n\nPenalty: 5 penalty units.\n\n","sortOrder":45},{"sectionNumber":"44","sectionType":"section","heading":"Moving motor vehicle to reduce a hazard","content":"\t44 Moving motor vehicle to reduce a hazard\n\n(1) If an incapacitated vehicle is at a road accident scene and the driver or owner of the vehicle or a police officer or authorised officer is unable to complete the authorisation required under section 142 of the Act, the driver of a tow truck may—\n\n(a) complete the authorisation, as far as is practicable in the circumstances; and\n\n(b) move the vehicle to the side of the highway beside the approximate point of impact to reduce the hazard.\n\n(2) In this regulation, ***incapacitated vehicle*** means an accident damaged motor vehicle that—\n\n(a) cannot be safely driven from a road accident scene; and\n\n(b) is causing a hazard on a highway.\n\n","sortOrder":46},{"sectionNumber":"Div 3","sectionType":"division","heading":"Road accident scenes","content":"Division 3—Road accident scenes\n\n","sortOrder":47},{"sectionNumber":"45","sectionType":"section","heading":"Conduct of tow truck drivers at road accident scene","content":"\t45 Conduct of tow truck drivers at road accident scene\n\n(1) The driver of a tow truck that moves an accident damaged motor vehicle from or within a road accident scene must ensure as far as practicable that before the tow truck leaves the road accident scene, all debris and glass attributable to the road accident is removed.\n\n1. 10 penalty units.\n\n\n(2) The driver of a tow truck that moves an accident damaged motor vehicle from or within a road accident scene must take reasonable steps to ensure that if there is a hazard attributable to the road accident, the appropriate authorities are notified of the existence of the hazard as soon as possible.\n\n1. 10 penalty units.\n\n\n","sortOrder":48},{"sectionNumber":"46","sectionType":"section","heading":"Duty to  advise owner or driver of an accident damaged motor vehicle","content":"\t46 Duty to  advise owner or driver of an accident damaged motor vehicle\n\n(1) The driver of a licensed tow truck attending a road accident scene must take reasonable steps—\n\n(a) to inform the owner or driver of the accident damaged motor vehicle that the driver of the tow truck is required by these Regulations to deliver the accident damaged motor vehicle to any place specified by the owner or driver of that vehicle; and\n\nReg. 46(1)(b) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 25(a)).\n\n(b) to provide the owner or driver of the accident damaged motor vehicle with a copy, that is not printed on the authority to tow, of the relevant information pamphlet that is from time to time approved by the Secretary for the purposes of this regulation.\n\n1. 10 penalty units.\n\n\n(2) Subregulation (1) does not apply if—\n\n(a) the owner or driver of the accident damaged motor vehicle is not able to authorise the towing of the vehicle due to absence or incapacity; or\n\n(b) the exceptions in regulation 47(2), (3) or (4) apply.\n\nReg. 46(3) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 25(b)).\n\n(3) The Secretary may approve an information pamphlet for the purposes of subregulation (1)(b).\n\n","sortOrder":49},{"sectionNumber":"47","sectionType":"section","heading":"Refusal to salvage or tow from road accident scene","content":"\t47 Refusal to salvage or tow from road accident scene\n\n(1) If the driver of a licensed tow truck attends a road accident scene, the driver must not refuse to salvage or tow to a particular place an accident damaged motor vehicle when asked to do so by—\n\n(a) a police officer; or\n\n(b) an authorised officer; or\n\n(c) the owner or driver of the accident damaged motor vehicle.\n\n1. 20 penalty units.\n\n\n(2) Despite subregulation (1), the driver of a licensed tow truck is not required to salvage an accident damaged motor vehicle if—\n\n(a) the tow truck is not capable of salvaging the accident damaged motor vehicle without the assistance of—\n\n(i) another tow truck; or\n\n(ii) a mobile crane; or\n\n(iii) specialised equipment; and\n\n(b) that other tow truck, mobile crane or specialised equipment is not present at the road accident scene.\n\n(3) Despite subregulation (1), the driver of a licensed tow truck is not required to tow an accident damaged motor vehicle to a place requested by the owner or driver of the vehicle if—\n\nReg. 47(3)(a) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 26).\n\n(a) the tow truck driver tows the vehicle to a safe and convenient place near the road or a place approved by the Secretary in accordance with section 42(3)(c) of the Act; or\n\n(b) the vehicle is moved to the nearest convenient place in accordance with section 114A of the **Melbourne City Link Act 1995**; or\n\n(c) the vehicle is moved to the nearest convenient place in accordance with section 119A of the **Road Management Act 2004**.\n\n(4) Despite subregulation (1), and before the authorisation to tow is completed and signed in accordance with section 142 of the Act, a driver of a licensed tow truck may refuse to tow an accident damaged motor vehicle to a particular place when asked to do so by the owner or driver if—\n\n(a) the driver or owner of the vehicle requests that the vehicle be towed to a particular place that is greater than 125 kilometres by road from the road accident scene; or\n\n(b) the driver or owner of the vehicle indicates that—\n\n(i) the driver or owner would be unable or unwilling to pay for the towing service immediately upon completion of the tow by way of cash payment; and\n\n(ii) the tow truck driver offers the driver or owner of the accident damaged motor vehicle the opportunity to make payment by credit or debit card and the owner or driver does not make payment.\n\n","sortOrder":50},{"sectionNumber":"Div 4","sectionType":"division","heading":"Outstanding charges","content":"Division 4—Outstanding charges\n\n","sortOrder":51},{"sectionNumber":"48","sectionType":"section","heading":"Method of receiving payment for outstanding charges","content":"\t48 Method of receiving payment for outstanding charges\n\n(1) If an accredited person who is in control of a place to which an accident damaged motor vehicle has been towed is owed money by the owner of the vehicle in respect of outstanding charges, that person must provide the owner of the vehicle with the opportunity to make payment by way of cash, credit or debit card.\n\n1. 20 penalty units.\n\n\n(2) In this regulation, ***outstanding charges*** means money owed in respect of any of the following—\n\n(a) work done by the person on the vehicle that was authorised in writing by the owner;\n\n(b) accident towing service charges charged in accordance with the Act;\n\nReg. 48(2)(c) amended by S.R. No. 128/2022 reg. 6(a).\n\n(c) storage charges charged in accordance with the Act;\n\nReg. 48(2)(d) inserted by S.R. No. 128/2022 reg. 6(b).\n\n(d) salvage fees charged in accordance with the Act.\n\n","sortOrder":52},{"sectionNumber":"Part 8","sectionType":"part","heading":"Accident towing demerit points","content":"Part 8—Accident towing demerit points\n\n","sortOrder":53},{"sectionNumber":"49","sectionType":"section","heading":"Definition","content":"\t49 Definition\n\nIn this Part—\n\n***relevant prescribed offence*** means an offence specified in column 3 of the Table in Schedule 2.\n\n","sortOrder":54},{"sectionNumber":"50","sectionType":"section","heading":"Circumstances in which accident towing demerit points are incurred and amount","content":"\t50 Circumstances in which accident towing demerit points are incurred and amount\n\n(1) For the purposes of section 165(1) of the Act, the circumstances in which a person incurs accident towing demerit points are as follows—\n\n(a) the penalty specified in an infringement notice issued for a relevant prescribed offence is paid;\n\n(b) the penalty specified in an infringement notice issued for a relevant prescribed offence is not paid and notice of objection is not given within the time specified in the notice;\n\n(c) the person is convicted or found guilty of a relevant prescribed offence.\n\n**Note**\n\nSection 3(2) of the Act provides that a reference to a person who has been found guilty of an offence must be construed in accordance with that subsection.\n\n(2) For the purposes of section 165(1) of the Act, the dates on which accident towing demerit points are incurred for a relevant prescribed offence are as follows—\n\n(a) on the date on which the amount of the penalty specified in an infringement notice is paid;\n\n(b) if the amount of the penalty specified in an infringement notice is not paid and notice of objection is not given within the time specified in the notice, on the date on which the period specified in the notice as the time for payment expires;\n\n(c) on the date on which the person is found to have committed the offence.\n\n(3) For the purposes of section 165(2) of the Act, the number of accident towing demerit points that are incurred for a relevant prescribed offence is the number of accident towing demerit points set out in column 4 of the Table in Schedule 2 opposite the reference to the relevant provision that sets out the offence in column 3 of the Table.\n\n(4) For the purposes of section 165(2) of the Act, a prescribed offence is an offence specified in column 3 of the Table in Schedule 2.\n\n(5) The description of a relevant prescribed offence set out in column 2 of the Table in Schedule 2 is provided for convenience of reference only and is not to be taken to affect the nature or elements of the relevant prescribed offence to which the description refers or the operation of these Regulations.\n\n","sortOrder":55},{"sectionNumber":"51","sectionType":"section","heading":"Notice of recording of accident towing demerit points","content":"\t51 Notice of recording of accident towing demerit points\n\nReg. 51(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 27).\n\n(1) The Secretary must notify in writing a person who incurs any accident towing demerit points that the accident towing demerit points have been recorded against the person in the Accident Towing Demerits Register as soon as practicable after the points are recorded.\n\n(2) A notice under subregulation (1) must contain—\n\n(a) each accreditation number allocated to the person and a description of each kind of accreditation held; and\n\n(b) particulars of the offence, including the date of the offence and the number of accident towing demerit points recorded in respect of the offence; and\n\n(c) particulars of any accident towing demerit points previously recorded against the person.\n\n(3) Despite subregulation (1), a notice is not required to be sent to a person if a notice of suspension under section 167 of the Act is served on the person.\n\n","sortOrder":56},{"sectionNumber":"52","sectionType":"section","heading":"Notice of suspension of accreditation","content":"\t52 Notice of suspension of accreditation\n\nFor the purposes of section 167(2) of the Act, prescribed particulars are—\n\n(a) each accreditation number allocated to the accredited person and a description of each kind of accreditation held; and\n\n(b) a summary of each applicable offence including the date of the offence and the number of accident towing demerit points recorded in respect of the offence; and\n\n(c) a summary of accident towing demerit points recorded against the person; and\n\n(d) the period of suspension to be served by the person; and\n\n(e) if the accredited person is the holder of a tow truck licence—a copy or summary of section 33(3) and (4) of the Act.\n\n","sortOrder":57},{"sectionNumber":"53","sectionType":"section","heading":"Cancellation of accident towing demerit points","content":"\t53 Cancellation of accident towing demerit points\n\nFor the purposes of section 170 of the Act, the prescribed circumstances are—\n\n(a) if accident towing demerit points have been recorded against a person in error or because of wrongful or mistaken identity; or\n\n(b) if a miscalculation has been made in assessing the total number of accident towing demerit points incurred by a person.\n\n","sortOrder":58},{"sectionNumber":"Part 9","sectionType":"part","heading":"Infringements","content":"Part 9—Infringements\n\n","sortOrder":59},{"sectionNumber":"54","sectionType":"section","heading":"Infringements","content":"\t54 Infringements\n\n(1) For the purposes of section 173(1) of the Act, the offences set out in column 3 of the Table in Schedule 3 are prescribed to be offences for which infringement notices may be served.\n\n(2) For the purposes of section 173(3) of the Act, the penalty prescribed in respect of each offence is the amount specified in column 4 of the Table in Schedule 3 opposite the prescribed offence set out in column 3 of that Table.\n\n(3) A description of an offence set out in column 2 of the Table in Schedule 3 opposite an infringement offence set out in column 3 of that Table is provided for convenience of reference only and is not to be taken to affect the nature or elements of the offence to which the description refers or the operation of these Regulations.\n\n","sortOrder":60},{"sectionNumber":"Part 10","sectionType":"part","heading":"Enforcement","content":"Part 10—Enforcement\n\n","sortOrder":61},{"sectionNumber":"55","sectionType":"section","heading":"Embargo notice","content":"\t55 Embargo notice\n\nFor the purposes of section 193(1) of the Act, the prescribed form is the form set out in Schedule 4.\n\nPt 11 (Heading and regs 56–63) inserted by S.R. No. 128/2022 reg. 7.\n\n","sortOrder":62},{"sectionNumber":"Part 11","sectionType":"part","heading":"Application fees","content":"Part 11—Application fees\n\nReg. 56 inserted by S.R. No. 128/2022 reg. 7.\n\n","sortOrder":63},{"sectionNumber":"56","sectionType":"section","heading":"Application fee—substitution of specified tow truck","content":"\t56 Application fee—substitution of specified tow truck\n\nFor the purposes of section 27(5)(ab) of the Act, the prescribed fee for an application to substitute the tow truck specified in a tow truck licence for another tow truck is 5⋅27 fee units.\n\nReg. 57 inserted by S.R. No. 128/2022 reg. 7.\n\n","sortOrder":64},{"sectionNumber":"57","sectionType":"section","heading":"Application fee—transfer of tow truck licence","content":"\t57 Application fee—transfer of tow truck licence\n\nFor the purposes of section 30(2)(ab) of the Act, the prescribed fee for an application to transfer a tow truck licence to another person is 13⋅77 fee units.\n\nReg. 58 inserted by S.R. No. 128/2022 reg. 7.\n\n","sortOrder":65},{"sectionNumber":"58","sectionType":"section","heading":"Application fee—temporary permit","content":"\t58 Application fee—temporary permit\n\nFor the purposes of section 35(4A) of the Act, the prescribed fee for an application for a temporary permit is 1⋅77 fee units.\n\nReg. 59 inserted by S.R. No. 128/2022 reg. 7.\n\n","sortOrder":66},{"sectionNumber":"59","sectionType":"section","heading":"Application fee—tow truck operating accreditation","content":"\t59 Application fee—tow truck operating accreditation\n\nFor the purposes of section 60(1)(c)(i) of the Act, the prescribed fee for an application for the grant or renewal of a towing operator accreditation or a towing depot manager accreditation is 5⋅27 fee units.\n\nReg. 60 inserted by S.R. No. 128/2022 reg. 7.\n\n","sortOrder":67},{"sectionNumber":"60","sectionType":"section","heading":"Application fee—replacement certificate of accreditation","content":"\t60 Application fee—replacement certificate of accreditation\n\nFor the purposes of section 76(3) of the Act, the prescribed fee for an application for a replacement certificate of accreditation for a towing operator or a towing depot manager is 1⋅77 fee units.\n\nReg. 61 inserted by S.R. No. 128/2022 reg. 7.\n\n","sortOrder":68},{"sectionNumber":"61","sectionType":"section","heading":"Application fee—tow truck driver accreditation","content":"\t61 Application fee—tow truck driver accreditation\n\nFor the purposes of section 102(1)(c)(i) of the Act, the prescribed fee for an application for the grant or renewal of a tow truck driver accreditation is 5⋅27 fee units.\n\nReg. 62 inserted by S.R. No. 128/2022 reg. 7.\n\n","sortOrder":69},{"sectionNumber":"62","sectionType":"section","heading":"Application fee—replacement certificate of accreditation","content":"\t62 Application fee—replacement certificate of accreditation\n\nFor the purposes of section 116(2) of the Act, the prescribed fee for an application for a replacement certificate of accreditation for a tow truck driver is 1⋅77 fee units.\n\nReg. 63 inserted by S.R. No. 128/2022 reg. 7.\n\n","sortOrder":70},{"sectionNumber":"63","sectionType":"section","heading":"Application fee—tow truck trainee permit","content":"\t63 Application fee—tow truck trainee permit\n\nFor the purposes of section 140E(1)(c)(i) of the Act, the prescribed fee for an application for a tow truck trainee permit is 1⋅77 fee units.\n\nSch. 1 amended by S.R. Nos 148/2019 reg. 4(Sch. 1 item 28), 97/2025 reg. 6.\n\n","sortOrder":71},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Authority to tow","content":"Schedule 1—Authority to tow\n\nRegulation 42\n\nAUTHORITY TO TOW\n\n***For the authorisation of towing accident damaged motor vehicles***\n\n- **Tow truck**\n- Name of the licence holder of the tow truck:\n- Depot address:\n- Depot number: Telephone number:\n- Tow truck licence number:\n- Name of the tow truck driver: Driver accreditation number:\n- **Vehicle to be towed**\n- Name of vehicle owner:\n- Address of vehicle owner:\n- Make of the vehicle: Registration number:\n- Allocated job number (*if applicable*):\n- Location (*street(s), suburb*) of the vehicle to be removed:\n- Address where vehicle is to be towed:\n- Did the vehicle require salvaging? 🞏 No 🞏 Yes (*Please complete the salvage section below*)\n- **Salvage**(*Refer to information pamphlet for a description of what salvage means*)\n- The location of the salvaged vehicle:\n🞏 Road🞏 Up or down an embankment🞏 Road related area (curb, nature strip,\nfootpath, traffic island)🞏 Other, please specifyPhoto evidence taken 🞏 Where the vehicle was embedded in an object, what was the object?🞏 Building (house, shop front etc.)🞏 Pole, pillar, pylon, tree🞏 Fence, guardrail, safety barrier🞏 Motor vehicle🞏 Other, please specifyPhoto evidence taken 🞏\n- The **position** of the salvaged vehicle: The **equipment** used to salvage the vehicle:\n- 🞏 Upright 🞏 On its side 🞏 Upside down 🞏 Tow truck winch 🞏 Tow truck crane\n- 🞏 Other, please specify 🞏 Mobile crane 🞏 Heavy tow truck\n- Photo evidence taken 🞏 🞏 Other, please specify\n- Time taken to salvage the vehicle min/hrs\n- **Applicable rate—Tax Invoice***The applicable rates of towing, vehicle storage and other related services.**Please mark \"N/A\" if an item is not applicable.* **Information pamphlet***For driver, owner only.**Confirm receipt of the information pamphlet from the Secretary to the Department of Transport and Planning.*(*Please tick box and sign*)\n- **Towing Service** **Total Price, incl GST** 🞏 Signature:\n- Towing fee First 8 km **Person authorising the tow**\n- Additional km 🞏 Owner of the vehicle or agent of owner\n- After-hours towing surcharge 🞏 Driver of the vehicle\n- Salvage Basic 🞏 Police officer/authorised officer\n- Complex Name:\n- Storage fee Address:\n- Other charges (*Please specify*) Phone No. (*Optional*):\n- **Total charge, incl. GST** Signature: Date:\n- Payment received by: 🞏 Debit Card\n🞏 Credit Card 🞏 Cash **Person authorising storage***Please ensure all personal belongings are removed from the vehicle before it is stored*\n- **Authority to tow form completed**\n- Date: Time: Name:\n- Tow truck driver signature: Address:\n- Signature: Date:\n\n\nSch. 2 amended by S.R. Nos 148/2019 reg. 4(Sch. 1 item 29), 128/2022 reg. 8.\n\n","sortOrder":72},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Accident towing demerit points","content":"Schedule 2—Accident towing demerit points\n\nRegulations 49, 50\n\nACCIDENT TOWING DEMERIT POINTS\n\nIn this Schedule—\n\n***ATSA*** means **Accident Towing Services Act 2007**;\n\n***ATSR*** means Accident Towing Services Regulations 2019;\n\n***RSRR*** means Road Safety Road Rules 2017;\n\n***SOA*** means **Summary Offences Act 1966**.\n\n| *Column 1*<br>*Item no.* | *Column 2*<br>*Description of prescribed offence* | *Column 3*<br>*Prescribed offence* | *Column 4*<br>*No. of points* |\n| --- | --- | --- | --- |\n| 1 | Failing to keep records | ATSR 19(1) | 2 |\n| 2 | Failing to keep records at specified depot for specified period | ATSR 19(2) | 2 |\n| 3 | Failing to make records available on demand | ATSR 19(4) | 2 |\n| 4 | Failing to provide copies of records upon request | ATSR 19(5) | 2 |\n| 5 | Failing to keep specified depot open for business | ATSR 21(1) | 2 |\n| 6 | Specified depot not contactable during business hours | ATSR 21(2) | 2 |\n| 7 | Tow truck not usually based at specified depot during the specified hours | ATSR 21(5) | 2 |\n| 8 | Driver of rostered tow truck fails to take reasonable steps to attend accident scene within 30 minutes | ATSR 37(1) | 2 |\n| 9 | Driver of rostered tow truck fails to ensure tow truck not used to tow more than one vehicle at the same time | ATSR 37(10) | 2 |\n| 10 | Tow truck being driven or used without bound book of forms for authorities to tow | ATSR 43(3) | 3 |\n| 11 | Failing to ensure removal of debris and glass from road accident scene | ATSR 45(1) | 3 |\n| 12 | Failing to take reasonable steps to notify authorities of a hazard | ATSR 45(2) | 3 |\n| 13 | Refusing to salvage or tow accident damaged motor vehicle | ATSR 47(1) | 3 |\n| 14 | Refusing to provide vehicle owner with opportunity to make payment | ATSR 48(1) | 3 |\n| 15 | Operating a tow truck in the course of conducting an accident towing service business without the required tow truck licence | ATSA 6 | 4 |\n| 16 | Operating a tow truck in the course of conducting an accident towing service business other than from specified depot, and without required towing operator | ATSA 7 | 4 |\n|  | accreditation and without vehicle registration and providing towing service for vehicle that tow truck is not capable of towing |  |  |\n| 17 | 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 | ATSA 8(1) | 4 |\n| 18 | 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 | ATSA 8(2) | 4 |\n| 19 | 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 a vehicle that tow truck is not capable of towing | ATSA 8(3) | 4 |\n|  |  |  |  |\n|  |  |  |  |\n| 20 | 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 a tow truck licence | ATSA 9(1) | 4 |\n| 21 | Failing to comply with tow truck licence conditions | ATSA 26 | 2 |\n| 22 | Failing to comply with temporary permit or permit conditions | ATSA 35(5) | 2 |\n| 23 | Driver of tow truck damages or loses an accident damaged motor vehicle or the contents of that vehicle | ATSA 38(1) | 3 |\n| 24 | Holder of tow truck licence fails to take reasonable steps to prevent damage or loss of an accident damaged motor vehicle or the contents of that vehicle | ATSA 38(3) | 3 |\n| 25 | Without reasonable excuse, failing to leave a restricted road accident area when requested | ATSA 41(3) | 3 |\n| 26 | 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 | ATSA 42(1) | 4 |\n|  | damaged motor vehicle with gross vehicle mass of less than 4 tonnes from road accident scene in controlled area, without an authorisation |  |  |\n| 27 | 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 | ATSA 42(2) | 4 |\n| 28 | 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 | ATSA 44(1) | 4 |\n| 29 | 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 | ATSA 44(2) | 4 |\n|  | gross vehicle mass of less than 4 tonnes from a safe and convenient place |  |  |\n| 30 | Causing more than one accident damaged motor vehicle to be towed under one job number | ATSA 45(1) | 3 |\n| 31 | As driver of tow truck operating under regular tow truck licence, towing more than one accident damaged motor vehicle under a job number | ATSA 45(2) | 3 |\n| 32 | Failing to comply with conditions of industry accreditation | ATSA 74 | 2 |\n| 33 | Failing to keep records relating to complaints or to provide complaint information to the Secretary when requested | ATSA 90(1) | 3 |\n| 34 | Failing to manage record-keeping and maintenance of information about complaints or to provide complaint information to the Secretary when requested | ATSA 90(2) | 3 |\n| 35 | Driving a licensed tow truck without holding a tow truck driver accreditation | ATSA 98(1) | 2 |\n|  |  |  |  |\n| 36 | Accompanying the driver of a tow truck that is providing accident towing services (whether or not the tow truck is a licensed tow truck) without holding a tow truck driver accreditation | ATSA 98(1A) | 2 |\n| 37 | Driving a licensed tow truck with an expired tow truck driver accreditation | ATSA 98(1B) | 1 |\n| 38 | Accompanying the driver of a tow truck that is providing accident towing services (whether or not the tow truck is a licensed tow truck) with an expired tow truck driver accreditation | ATSA 98(1C) | 1 |\n| 39 | Failing to comply with conditions of a tow truck driver accreditation | ATSA 115 | 2 |\n| 40 | Towing an accident damaged motor vehicle from a road accident scene without an authority to tow | ATSA 142(1) | 3 |\n| 41 | Towing an accident damaged motor vehicle from a safe and convenient place on a designated road without an authority to tow | ATSA 142(2) | 3 |\n| 42 | Failing to give a copy of the authority to tow to the person who authorised the tow | ATSA 144 | 3 |\n| 43 | Failing to carry an authority to tow while towing | ATSA 145(1) | 3 |\n| 44 | Failing to produce an authority to tow when requested, failing to give details of the origin or destination of an accident damaged motor vehicle, or failing to allow the inspection of an accident damaged motor vehicle | ATSA 145(2) | 3 |\n| 45 | Failing to give job number to police officer or authorised officer upon request | ATSA 145(4) | 3 |\n| 46 | Failing to tow accident damaged motor vehicle to the place specified in the authority to tow | ATSA 146 | 3 |\n| 47 | 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 | ATSA 147 | 4 |\n|  |  |  |  |\n|  |  |  |  |\n|  |  |  |  |\n| 48 | 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 | ATSA 148(1) | 4 |\n| 49 | As holder of tow truck licence, failing to ensure that accident damaged motor vehicle<br>is towed to the place specified in the authority to tow | ATSA 150(1) | 3 |\n| 50 | Failing to store accident damaged motor vehicle in secure area | ATSA 150(1A) | 3 |\n| 51 | Failing to provide vehicle owner written notice regarding storage charges | ATSA 151(1) | 3 |\n| 52 | Commencing or carrying out repair work without written approval of the owner | ATSA 153(1) | 4 |\n| 53 | Failing to repay charges that were unlawfully collected | ATSA 153(5) | 4 |\n| 54 | Failing to release a towed vehicle | ATSA 156(1) | 4 |\n| 55 | Failing to take reasonable steps to ensure that the release of a towed vehicle is not frustrated or obstructed by another person | ATSA 156(2) | 4 |\n| 56 | Failing to comply with a requirement of the Secretary or an inspector | ATSA 203(1) | 3 |\n| 57 | Obstructing or hindering an inspector | ATSA 203(2) | 4 |\n| 58 | Impersonating an inspector | ATSA 203(3) | 4 |\n| 59 | Charging an unreasonable sum or a sum in excess of determination | ATSA 212I(1) | 4 |\n| 60 | Providing false or misleading information | ATSA 215(1) | 4 |\n| 61 | Obscene language, offensive behaviour, etc. | SOA 17 (in towing-related circumstances only) | 3 |\n| 62 | Assault | SOA 23 (in towing-related circumstances only) | 4 |\n| 63 | Failing to remove thing fallen from driver's vehicle onto road that may injure a person or damage a vehicle | RSRR 293 (in towing-related circumstances only) | 3 |\n\n\nSch. 3 amended by S.R. Nos 148/2019 reg. 4(Sch. 1 item 30), 128/2022 reg. 9.\n\n","sortOrder":73},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Infringements","content":"Schedule 3—Infringements\n\nRegulation 54\n\nINFRINGEMENTS\n\nIn this Schedule—\n\n***ATSA*** means **Accident Towing Services Act 2007**;\n\n***ATSR*** means Accident Towing Services Regulations 2019.\n\n| *Column 1*<br>*Item no.* | *Column 2*<br>*Description of infringement    offence* | *Column 3*<br>*Prescribed infringement offence* | *Column 4*<br>*Infringement penalty* | *Column 5*<br>*Code* |\n| --- | --- | --- | --- | --- |\n| 1 | Failing to keep records | Regulation 19(1) of the ATSR | 1⋅25 penalty units | 4429 |\n| 2 | Failing to keep records at specified depot for specified period | Regulation 19(2) of the ATSR | 1⋅25 penalty units | 4430 |\n| 3 | Failing to make records available on demand | Regulation 19(4) of the ATSR | 1⋅25 penalty units | 4415 |\n| 4 | Failing to provide a copy of salvage photograph | Regulation 19(6) of the ATSR | 1⋅25 penalty units | 8308 |\n| 5 | Failing to keep specified depot open for business | Regulation 21(1) of the ATSR | 1⋅5 penalty units | 4431 |\n| 6 | Specified depot not contactable during business hours | Regulation 21(2) of the ATSR | 1⋅5 penalty units | 4432 |\n| 7 | Failing to display necessary sign at specified depot | Regulation 21(3) of the ATSR | 1⋅5 penalty units | 4433 |\n| 8 | Tow truck not usually based at specified depot during the specified hours | Regulation 21(5) of the ATSR | 1⋅5 penalty units | 4434 |\n|  |  |  |  |  |\n|  |  |  |  |  |\n| 9 | Tow truck not equipped with broom, shovel and rubbish receptacle | Regulation 23(1)(d) of the ATSR | 1⋅5 penalty units | 4406 |\n| 10 | Tow truck not equipped with fire extinguisher | Regulation 23(1)(e) of the ATSR | 1⋅5 penalty units | 4407 |\n| 11 | Tow truck not fitted with warning lights | Regulation 23(1)(f) of the ATSR | 1⋅5 penalty units | 4405 |\n| 12 | Tow truck not fitted with adjustable lights | Regulation 23(1)(g) of the ATSR | 1⋅5 penalty units | 4435 |\n| 13 | Tow truck not equipped with lightboard | Regulation 23(1)(h) of the ATSR | 1⋅5 penalty units | 4436 |\n| 14 | Failing to display name and address    of licence holder    on tow truck | Regulation 25(1) of the ATSR | 1⋅5 penalty units | 4421 |\n| 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 |\n| 16 | Failing to prevent    use of tow truck while subject to repair notice | Regulation 27(3) of the ATSR | 1⋅5 penalty units | 4427 |\n| 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 |\n| 18 | Failing to correctly display lightboard | Regulation 29    of the ATSR | 1⋅5 penalty units | 4439 |\n|  |  |  |  |  |\n|  |  |  |  |  |\n| 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 |\n| 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 |\n| 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 |\n| 22 | Failing to ensure removal of debris    and glass from road accident scene | Regulation 45(1) of the ATSR | 1⋅5 penalty units | 4424 |\n| 23 | Refusing to salvage or tow accident damaged motor vehicle | Regulation 47(1) of the ATSR | 4 penalty units | 4422 |\n| 24 | Refusing to provide vehicle owner with opportunity to make payment | Regulation 48(1) of the ATSR | 4 penalty units | 4442 |\n| 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 |\n| 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 |\n|  | towing operator accreditation and without vehicle registration and providing a towing service for a vehicle that tow truck is not capable of towing |  |  |  |\n| 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 |\n| 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 |\n| 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 |\n|  |  |  |  |  |\n|  |  |  |  |  |\n| 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 |\n| 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 |\n| 32 | Failing to carry temporary permit | Section 36    of the ATSA | 1⋅5 penalty units | 4447 |\n| 33 | Failing to produce temporary permit when requested | Section 37    of the ATSA | 1⋅5 penalty units | 4448 |\n| 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 |\n| 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 |\n| 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 |\n| 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 |\n| 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 |\n|  |  |  |  |  |\n| 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 |\n| 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 |\n| 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 |\n| 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 |\n|  | 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 |  |  |  |\n| 43 | Carrying on an accident towing service business without accreditation | Section 56(1) of the ATSA | 10 penalty units | 7406 |\n| 44 | Managing an accident towing service business    from a depot without accreditation | Section 56(2) of the ATSA | 10 penalty units | 7407 |\n| 45 | Driving a licensed tow truck without holding tow truck driver accreditation | Section 98(1) of the ATSA | 8 penalty units | 4416 |\n| 46 | Driving a licensed tow truck with an expired tow truck driver accreditation | Section 98(1B)    of the ATSA | 4 penalty units | 8310 |\n| 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 |\n| 48 | Failing to comply with conditions of a tow truck driver accreditation | Section 115    of the ATSA | 1⋅5 penalty units | 7408 |\n| 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 |\n| 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 |\n| 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 |\n| 52 | Failing to produce certificate of    tow truck driver accreditation    when requested | Section 121(1)    of the ATSA | 1⋅5 penalty units | 7409 |\n| 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 |\n|  | 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 |  |  |  |\n| 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 |\n| 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 |\n| 56 | Failing to record the job number on an authority to tow | Section 143    of the ATSA | 3 penalty units | 7412 |\n| 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 |\n| 58 | Failing to carry an authority to tow while towing | Section 145(1)    of the ATSA | 1·5 penalty units | 7413 |\n| 59 | Failing to produce an authority to tow when requested | Section 145(2)(a) of the ATSA | 1⋅5 penalty units | 7414 |\n| 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 |\n|  |  |  |  |  |\n|  |  |  |  |  |\n|  |  |  |  |  |\n| 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 |\n| 62 | Failing to provide a copy of the authority to tow to the owner | Section 146A    of the ATSA | 1⋅25 penalty units | 8311 |\n| 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 |\n| 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 |\n| 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 |\n| 66 | Failing to store accident damaged motor vehicle in secure area | Section 150(1A) of the ATSA | 3 penalty units | 7418 |\n\n\n","sortOrder":74},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Embargo notice","content":"Schedule 4—Embargo notice\n\nRegulation 55\n\nEMBARGO NOTICE\n\n1 A search warrant authorised under section 189 of the **Accident Towing Services Act 2007** (***the Act***) was issued at a.m./p.m.  \non / / by at\n\n2 The warrant authorised the seizure of:\n\n3 Section 193 of the Act  provides that an inspector executing a search warrant under section 189 of the Act who is authorised by that warrant to seize any thing may, if the thing cannot, or cannot readily, be physically seized and removed, issue an embargo notice in relation to that thing.\n\n","sortOrder":75},{"sectionNumber":"4","sectionType":"section","heading":"The item described below has been embargoed under section 193 of the Act:","content":"4 The item described below has been embargoed under section 193 of the Act:\n\n5 Section 193(2) of the Act provides that a person who knows that an embargo notice has been issued in relation to a thing must not—\n\n(i) sell; or\n\n(ii) lease; or\n\n(iii) move (without the written consent of the inspector who issued the embargo notice); or\n\n(iv) transfer; or\n\n(v) otherwise deal with—\n\nthe thing or any part of the thing.\n\nSignificant penalties apply for a contravention of section 193(2) of the Act.\n\n6 Section 193(3) of the Act provides that it is a defence to a prosecution for an offence against section 193(2) of the Act to prove that the thing or the part of the thing was moved for the purpose of protecting and preserving it.\n\n7 Section 193(4) of the Act provides that a sale, lease, transfer or other dealing with a thing in contravention of section 193 of the Act is void.\n\n","sortOrder":76},{"sectionNumber":"8","sectionType":"section","heading":"This notice was—","content":"8 This notice was—\n\n🞏 served on [*insert name*]\n\n🞏 affixed to the item described above.\n\nSignature of inspector:\n\nName of inspector:\n\nAddress:\n\nTelephone number:\n\nDate: Time:\n\n═════════════\n\nEndnotes\n\n","sortOrder":77},{"sectionNumber":"1","sectionType":"section","heading":"General information","content":"1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Accident Towing Services Regulations 2019, S.R. No. 139/2019 were made on 10 December 2019 by the Governor in Council under section 223 of the **Accident Towing Services Act 2007**, No. 30/2007 and came into operation on 14 December 2019: regulation 3.\n\nThe Accident Towing Services Regulations 2019 will sunset 10 years after the day of making on 10 December 2029 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n","sortOrder":78},{"sectionNumber":"2","sectionType":"section","heading":"Table of Amendments","content":"2 Table of Amendments\n\nThis publication incorporates amendments made to the Accident Towing Services Regulations 2019 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nAccident Towing Services Amendment Regulations 2019, S.R. No. 148/2019\n\n| *Date of Making:* | 17.12.19 |\n| --- | --- |\n| *Date of Commencement:* | 1.1.20: reg. 3 |\n\n\nAccident Towing Services Amendment Regulations 2022, S.R. No. 128/2022\n\n| *Date of Making:* | 25.10.22 |\n| --- | --- |\n| *Date of Commencement:* | 31.10.22: reg. 3 |\n\n\nAccident Towing Services Amendment Regulations 2025, S.R. No. 97/2025\n\n| *Date of Making:* | 30.9.25 |\n| --- | --- |\n| *Date of Commencement:* | 30.9.25 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n","sortOrder":79},{"sectionNumber":"3","sectionType":"section","heading":"Explanatory details","content":"3 Explanatory details\n\n1. Reg. 4(a): S.R. No. 169/2008. Reprint No. 1 as at 1 June 2012. Reprinted to S.R. No. 29/2012. Subsequently amended by S.R. Nos 163/2012 and 175/2014 and extended in operation by S.R. No. 191/2018. [↑](#endnote-ref-2)\n\n2. Reg. 4(b): S.R. No. 63/2010. [↑](#endnote-ref-3)\n\n3. Reg. 4(c): S.R. No. 29/2012. [↑](#endnote-ref-4)\n\n4. Reg. 4(d): S.R. No. 163/2012. [↑](#endnote-ref-5)\n\n5. Reg. 4(e): S.R. No. 175/2014. [↑](#endnote-ref-6)\n\n6. Reg. 5: S.R. No. 116/2021 as amended by S.R. Nos 47/2022, 51/2022, 129/2022, 130/2022, 53/2023, 54/2023, 67/2023, 43/2024 and 36/2025. [↑](#endnote-ref-7)\n\n7. Reg. 28(2)(a): S.R. No. 41/2017 as amended by S.R. Nos 6/2018, 87/2018 and 88/2018.\n\n  ——\n\n  **Fee Units**\n\n  These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**.\n\n  The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\n  The value of a fee unit for the financial year commencing 1 July 2025 is $16.81. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\n  The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-8)","sortOrder":80}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as regulations supporting the Accident Towing Services Act 2007. The 2019 version consolidated earlier regulations from 2008-2014, and subsequent amendments in 2022 and 2025 have added specific provisions (such as Part 11 application fees and West Gate Tunnel references) without fundamentally expanding beyond the original purpose of regulating accident towing services, accreditation, and controlled area operations."},"complexity_factors":["Extensive cross-referencing with the parent Accident Towing Services Act 2007 (ATSA) and other legislation including Road Safety Act 1986, Road Safety Road Rules 2017, Melbourne City Link Act 1995, EastLink Project Act 2004, and Corporations Act","Multiple defined terms in regulation 5 including complex concepts like 'transferred towing entitlement', 'exempt tow truck licence', and 'rostered tow truck'","Nested conditional logic throughout, particularly in Part 6 regarding when tow trucks can attend accident scenes (controlled areas, self-management areas, authorisations, exemptions)","Dual penalty structures: some offences use penalty units in the Regulations while others reference the Act, with infringement penalties listed separately in Schedule 3","Three detailed schedules containing forms, demerit point tables (63 items), and infringement tables (66 items) with specific codes and penalty amounts","Multiple amendment history notes embedded throughout the text (S.R. No. 148/2019, S.R. No. 128/2022, S.R. No. 97/2025) creating visual clutter and version complexity","Fee calculations using 'fee units' requiring reference to the Monetary Units Act 2004 for actual dollar amounts","Specific technical requirements for vehicle equipment (regulation 23) with precise measurements (e.g., '50 millimetres high', '200 metres visible')","Complex roster and allocation system in Part 6 with multiple roles (chief allocation officer, allocation officer) and specific timeframes (30 minutes attendance requirement)","Multiple exceptions and exemptions (e.g., regulation 22 exemptions from depot requirements, regulation 47 exceptions to refusal to tow)"],"plain_english_summary":"This legislation sets out the detailed rules for how accident towing services operate in Victoria. It covers who can run a towing business, what qualifications drivers and operators need, how tow trucks must be equipped, and how jobs are allocated at accident scenes.\n\n**Who it affects:**\n- **Tow truck operators** – businesses that provide accident towing services\n- **Tow truck drivers** – individuals who drive the trucks\n- **Depot managers** – people managing towing depots\n- **Vehicle owners** – people whose cars are towed after accidents\n- **Allocation bodies** – organisations that manage which tow truck gets sent to which accident\n\n**Key things the rules do:**\n\n**1. Accreditation and licensing**\n- Sets out what training and qualifications people need to get accredited as towing operators, depot managers, or drivers\n- Requires criminal record checks for company directors and nominated persons\n- Makes operators responsible for ensuring their drivers are competent, fit, and properly trained\n\n**2. Tow truck requirements**\n- Specifies minimum equipment: cranes or winches, fire extinguishers, warning lights, brooms for cleaning up debris, and lightboards for towed vehicles\n- Requires regular maintenance and inspections\n- Mandates specific signage on trucks showing the business name and depot number\n\n**3. Controlled areas and rosters**\n- In \"controlled areas\" (specific geographic zones), tow trucks must be on a roster system\n- An allocation officer assigns jobs to the next available truck on the roster\n- Rostered trucks must generally reach accident scenes within 30 minutes\n- Trucks can only attend accidents in their designated controlled area unless specifically authorised\n\n**4. Record keeping**\n- Operators must keep detailed records: invoices, authority-to-tow forms, driver details, and photos of salvage operations\n- Records must be kept at the specified depot for at least one year\n- Authorities to tow must be completed in duplicate and kept in serial order\n\n**5. Conduct at accident scenes**\n- Drivers must clean up debris before leaving the scene\n- They must inform vehicle owners they can choose where their car is towed\n- They must provide an information pamphlet to the owner\n- Drivers cannot refuse to tow a vehicle (with limited exceptions, such as if special equipment is needed)\n- Warning lights must be used when near accident scenes or in hazardous positions\n\n**6. Demerit points system**\n- Introduces a demerit point system for towing industry offences (similar to driving demerit points)\n- Points are recorded for offences like failing to keep records, refusing to tow, or operating without proper authorisation\n- Accumulating too many points can lead to suspension of accreditation\n\n**7. Fees and penalties**\n- Sets out various application fees (in \"fee units\") for licences, accreditations, and permits\n- Specifies penalties (in \"penalty units\") for breaches, ranging from minor paperwork failures to serious offences like operating without a licence\n\n**Why it matters:**\nThese rules aim to stop predatory behaviour in the towing industry (like tow trucks racing to accidents to secure business), ensure public safety by making sure only qualified operators attend accident scenes, protect vehicle owners from being overcharged or having their cars taken to unwanted locations, and ensure accident scenes are cleared efficiently and safely."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This consolidated version implements the detailed operational regime intended by the Act but has expanded and specified matters beyond a short enabling instrument. Compared with a bare enabling regulation, it adds: (a) a comprehensive roster/allocation framework for controlled areas (Part 6) including substitution rules and rapid‑attendance obligations; (b) a detailed accreditation and ongoing testing regime with explicit consultation and publication mechanics (regs 6–14); (c) an expanded schedule of demerit points and matching infringement table with many discrete offences and point values (Schedules 2–3); (d) vehicle and depot equipment and signage specifications and strict record-keeping/photo-evidence requirements (Parts 4–5); and (e) a set of prescribed application fees for many accreditation and licence transactions (Part 11, regs 56–63). \n\nAmendments included in later versions (reflected in the instrument) add further operational detail — for example, expanded reporting obligations to include additional toll‑road agencies (reg 36(3)(ca)) and the insertion of application fee items (regs 56–63). Those additions refine and broaden administrative reach without changing the core statutory objective (safe, timely, efficient towing), but they materially increase regulatory detail, administrative burdens on industry, and regulatory discretion exercised by the Secretary."},"complexity_factors":["Length and structure: 11 Parts and 4 Schedules with 63 regulations (regs numbered to 63) and detailed subsections","Many defined terms collected in reg 5 and repeated/amended through the instrument (multiple cross-references to definitions such as 'rostered tow truck', 'depot number', 'exempt tow truck licence')","Extensive cross-referencing to the Accident Towing Services Act 2007 and to other statutes (Road Safety Act 1986, Road Safety Road Rules 2017, Melbourne City Link Act 1995, Road Management Act 2004) creating layered dependencies","High conditionality and exceptions: numerous \"subject to\" rules (e.g. roster allocations, substitute tow truck rules, exceptions for salvage and towing) and nested exceptions (see regs 36–40, 43, 47)","Detailed schedules: Schedule 2 (accident towing demerit points) lists dozens of prescribed offences with point values; Schedule 3 maps many infringement offences to penalty amounts — this increases operational complexity","Multiple discretionary powers given to the Secretary and allocation bodies (determinations on qualifications, imposition of conditions, exemptions, depot allocations and authorisations) — each discretion is often tied to procedural consultation requirements and publication duties (regs 6–7, 10–14, 21–22, 30–32, 38)","Operational timing and real‑time requirements: 30‑minute attendance rule, job-number matching, inspection and repair notice procedures, and one-business-day roster-change deadlines increase practical complexity (regs 36–37, 26–27, 33(2))","Layered enforcement mechanisms: authorised officer inspections, embargo notices, demerit points, infringement notices and VCAT review pathways (regs 26–27, 55; Parts 8–9; regs 34–35)","Fees and monetary conversions: numerous fees and penalties are given in fee units and penalty units which require external conversion to dollar amounts and are updated annually (reg 17; explanatory endnotes on Fee Units and Penalty Units)."],"plain_english_summary":"**What this instrument does (mechanics first)**\n\n- Sets out the detailed rules that implement the Accident Towing Services Act 2007. It prescribes who must be accredited or licensed, what tow trucks and depots must have and do, how allocations to attend accident scenes are managed in \"controlled areas\", what forms and records must be kept, what behaviour is required at accident scenes, the schedule of demerit points and infringement penalties, and the fees for a range of applications (see reg 1 for objectives; Parts 2–11; Schedules 1–4).\n\n- Gives the Secretary of the Department of Transport and Planning broad powers to decide accreditation qualifications and tests, to impose conditions on accreditations, to allocate depot numbers and to permit or exempt departures from specified-depot rules (regs 6–7, 10–14, 21, 22, 26). The Secretary must publish determinations and consult in many cases, but may certify that consultation is unnecessary in limited circumstances (regs 7(1)–(5), 14(1)–(7)).\n\n- Creates a rostering and allocation system for controlled areas. Allocation bodies (and their chief/allocation officers) keep a roster, notify and allocate job numbers, and an authorised rostered tow truck must normally attend within 30 minutes of an allocation (regs 30–37). There are rules for substitute trucks, limits on attending accident scenes outside your controlled area, and processes for removal/suspension from rosters (regs 36–40, 32–35, 39).\n\n- Prescribes vehicle standards and depot duties: minimum tow capacities, lifting gear, lights and a lightboard, fire extinguisher, tools for clearing debris, required depot opening hours and signage, and record-keeping (regs 23–25, 19–21). An authorised officer can inspect tow trucks and require repairs; tow trucks that are unsafe must not be used until fixed (regs 26–27).\n\n- Regulates conduct at accident scenes: bound \"authority to tow\" forms in Schedule 1 (and photographic salvage evidence), duty to advise owners of their rights and provide an approved information pamphlet, limits on refusing salvage/towing (subject to specific exceptions), removal of debris, payment options, and a ban on touting at scenes (regs 42–48, Schedule 1).\n\n- Introduces an accident towing demerit-point scheme and links certain offences to points and suspensions; it also sets which offences may attract infringement notices and the penalty amounts (Part 8, Part 9; Schedules 2 and 3).\n\n- Provides enforcement tools including embargo notices where items cannot readily be seized (reg 55; Schedule 4), and allows review of some Secretary decisions to VCAT (regs 34–35).\n\n**Who this affects**\n\n- Licence holders: anyone holding a regular or heavy tow truck licence must meet vehicle, depot and operational requirements and pay annual licence fees (reg 17; regs 19–25). Licence holders also face record-keeping, signage and depot-staffing duties (regs 19, 21, 25).\n\n- Accredited persons and applicants: towing operators, depot managers and drivers must hold and maintain industry and driver accreditations, complete training and testing as required and comply with accreditation conditions (regs 6, 10–13, 14, regs 59–63 on fees).\n\n- Drivers and depot staff: must carry accreditations, use bound authority-to-tow books, photograph salvage, and comply with conduct rules at accident scenes (regs 43, 45–47).\n\n- Allocation bodies and rostered tow-truck operators in controlled areas: must take allocations, attend within prescribed times or notify allocation bodies, and comply with substitution and cross-area attendance rules (regs 30–40).\n\n- Vehicle owners/customers: have rights to be given information, to nominate where their vehicle is delivered (subject to exceptions), and to be offered card and cash payment options for outstanding charges (regs 46, 48; Schedule 1).\n\n**Why it matters (stated purpose and tested against trade-offs)**\n\n- The stated purpose (reg 1) is to promote safe, timely and efficient accident towing, and to control attendance at accident scenes in controlled areas. The Regulations deliver that purpose by:\n  - standardising equipment and maintenance requirements (regs 23–24);\n  - creating rostering/allocation procedures to prevent multiple providers arriving at the same scene (Part 6); and\n  - imposing professional accreditation, training and testing (regs 6, 10–13).\n\n- Costs and incentives:\n  - Who pays: licence-holders and accreditation applicants pay fees (annual licence fees, and application fees in Part 11 — regs 17, 56–63). Customers pay towing and storage charges set by businesses (Schedule 1 sets required invoice items). Penalties (penalty units) fall on individuals or businesses that breach the rules (multiple regs; Schedules 2–3 set penalties and demerit points).\n  - Compliance costs: operators must maintain vehicles and equipment, keep records (photographs, bound books), display signage, staff depots during business hours, and meet training/testing requirements (regs 19–25, 10–13). Those add ongoing administrative and capital costs to tow businesses.\n  - Behavioural incentives: the roster/allocation mechanism concentrates access to accident-scene work in controlled areas to rostered licence-holders (Part 6). That reduces competition at the scene (intended to reduce conflict and duplication) but creates a concentrated economic benefit for rostered operators, and a barrier for non-rostered operators (regs 31–37, 39–40).\n\n- Trade-offs and opportunity costs:\n  - The scheme trades open-market scramble at accident scenes for order and a managed allocation process. That reduces uncertainty and potential on-scene conflict but restricts some businesses from attending scenes unless authorised (regs 36–38, Schedule 3 items 35–38). \n  - Secretary discretion (to determine tests, impose conditions, grant exemptions, and allocate depot numbers) helps administrative flexibility but concentrates decision-making power in the regulator (regs 6–7, 10–14, 21–22, 26, 30, 38(3)). This raises the usual trade-off between responsive regulation and the risk of inconsistent or opaque decision-making; the Regulations require publication/consultation in many cases but allow written certification to skip consultation when changes are \"less onerous or not materially different\" (regs 7(5), 14(6)).\n\n- Implementation and compliance risks:\n  - Enforcement depends on authorised officers to inspect, issue repair notices and embargoes, and to match job numbers against roster records (regs 26–27, 36(4), 55; Schedule 4). Resource limitations could affect practical enforcement and timely audits.\n  - The record-matching requirements (job numbers and photographic evidence) create administrative steps that must be reliably executed to avoid penalties and demerit points (regs 36(4)(b)–(c), 43(9), 19(1)(e)).\n\n**Concrete examples of costs and sanctions**\n\n- Licence fees: reg 17 prescribes annual fees by reference to fee units. Using the 2025 fee-unit value published in the instrument ($16.81 per fee unit), the regulated annual fee for a regular tow truck in a controlled area (70.13 fee units) is about $1,179 (70.13 × $16.81 ≈ $1,179). A licence for a tow truck based outside a controlled area is much lower (13.98 fee units ≈ $235). The instrument sets the fee-unit and penalty-unit values in the endnotes (Fee Units / Penalty Units section).\n\n- Penalties: many contraventions attract penalty units. For example, operating without the required tow-truck licence is 10 penalty units (≈ $2,035 using the 2025 penalty-unit value of $203.51) (Schedules 2–3 referencing ATSA offences).\n\n**Key sections to watch if you operate in this sector**\n\n- Accreditation and testing powers: regs 6–14 (who decides training, when consultation is required).\n- Rostering and allocations: regs 30–40 (how authorisations are offered, timelines and substitution rules).\n- Depot and record-keeping duties: regs 19–22 (what you must keep, where, and for how long).\n- Vehicle equipment and safety: regs 23–29 (mandatory gear and lightboard rules).\n- Authorities to tow, forms and photographic evidence: reg 42–43 and Schedule 1.\n- Demerit-point and infringement schedules: Part 8 and Part 9, Schedules 2–3.\n\n**Practical takeaways**\n\n- Businesses who want to supply accident towing services must budget for equipment, training/testing, accreditation and licence fees, and ongoing administrative costs (records, bound forms, signage and depot staffing).\n- In controlled areas, rostered licence-holders gain primary access to accident jobs but must meet rapid-response and reporting obligations (30-minute attendance rule, job-number reporting) or face penalties and demerit points (regs 36–37; Schedule 2).\n- The Secretary exercises broad regulatory discretion on qualifications, exemptions and conditions; affected businesses should monitor published determinations and be prepared to participate in the specified consultation processes (regs 6–7, 14).\n\n---\n\nSources cited in this summary are the Regulations themselves: Part 1 (reg 1 objectives), Part 2 (regs 6–14), Part 3 (regs 15–18), Part 4 (regs 19–22), Part 5 (regs 23–29), Part 6 (regs 30–40), Part 7 (regs 41–48), Part 8 (regs 49–53), Part 9 (reg 54), Part 10 (reg 55), Part 11 (regs 56–63), and Schedules 1–4 (forms, demerit and infringement tables, embargo notice)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on available information, the regulations appear to operate within the intended scope of the Accident Towing Services Act 2007, providing the operational detail needed to implement that Act's licensing and conduct framework. No evidence of scope creep or significant departure from original intent is apparent, though the limited document content restricts a definitive assessment."},"complexity_factors":["Governs a licensed industry with multiple categories of participants (operators, drivers, companies)","Interacts with the parent Act (Accident Towing Services Act 2007) which must be read alongside the regulations","Likely contains detailed procedural and technical requirements for licensing, conduct, and fee structures","Industry-specific allocation and rostering schemes can be complex to navigate","Enforcement and compliance obligations create layered responsibilities","Very limited document content was provided, making full complexity assessment difficult"],"plain_english_summary":"The Accident Towing Services Regulations 2019 set rules for vehicle towing after crashes or breakdowns in Victoria, regulating tow‑truck operators, drivers, companies and the transport regulator.  \n\nThey cover licensing, conduct at accident scenes, fee controls and how tow jobs are allocated — protecting motorists from aggressive touting or unfair charges and telling industry participants how to operate lawfully."}},"importantCases":[],"_links":{"self":"/api/acts/accident-towing-services-regulations-2019","history":"/api/acts/accident-towing-services-regulations-2019/history","analysis":"/api/acts/accident-towing-services-regulations-2019/analysis","conflicts":"/api/acts/accident-towing-services-regulations-2019/conflicts","importantCases":"/api/acts/accident-towing-services-regulations-2019/important-cases","documents":"/api/acts/accident-towing-services-regulations-2019/documents"}}