{"id":"nsw:sl-2020-0288","name":"Tow Truck Industry Regulation 2020","slug":"tow-truck-industry-regulation-2020","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"288 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176420,"registerId":"nsw-nsw:sl-2020-0288-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\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Tow Truck Industry Regulation 2020](/view/html/inforce/current/sl-2020-0288).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 July 2020 and is required to be published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation repeals and replaces the [Tow Truck Industry Regulation 2008](/view/html/repealed/current/sl-2008-0366), which would otherwise be repealed on 1 September 2021 by section 10(2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > exemption certificate means a notice of exemption issued by the Secretary under section 33A(3) of the Act exempting a person in the circumstances specified in Division 4 of Part 2.\n> > \n> > fee unit—see Part 3 of Schedule 2.\n> > \n> > lifting device means a device or apparatus that is capable of elevating a motor vehicle to a higher position or level.\n> > \n> > owner of a motor vehicle includes the responsible person for the vehicle within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> > \n> > protective clothing policy means the document titled Tow Truck Industry Protective Clothing Policy made available on a publicly available website maintained by the Department, as in force from time to time.\n> > \n> > public holiday means a day appointed under the [Public Holidays Act 2010](/view/html/inforce/current/act-2010-115) or another Act as a public holiday.\n> > \n> > the Act means the [Tow Truck Industry Act 1998](/view/html/inforce/current/act-1998-111).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.\n> \n> **cl 3:** Am 2024 No 25, Sch 3.9\\[1\\]; 2025 No 48, Sch 3.14.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of “tow” and “tow truck”","content":"#### 4 Meaning of “tow” and “tow truck”\n\n4 Meaning of “tow” and “tow truck”\n\n> > (1) In accordance with paragraph (e) of the definition of tow in section 3(1) of the Act, tow includes tow by use of a rigid frame, rigid bar or similar device.\n> \n> > (2) In accordance with section 4(2)(a) of the Act, car carriers are declared not to be tow trucks for the purposes of the Act.\n> \n> > (3) In subclause (2)—\n> > \n> > car carrier means a motor vehicle combination (including a multi-deck combination) that is designed or adapted for use for the transport of motor vehicles, being a combination—\n> > \n> > > (a) that is not equipped or fitted with a lifting device (whether portable or fixed) for the purpose of loading the motor vehicles to be transported onto a car deck, and\n> > \n> > > (b) onto which the motor vehicles to be transported are loaded by travelling along a ramp under their own propulsion, and\n> > \n> > > (c) in the case of a multi-deck combination, may be equipped or fitted with equipment designed only for the purpose of raising and lowering the car decks.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Licences and drivers certificates","content":"# Part 2 Licences and drivers certificates\n\nPart 2 Licences and drivers certificates","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Provisions relating to licences","content":"## Division 1 Provisions relating to licences\n\nDivision 1 Provisions relating to licences","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Licence applications","content":"#### 5 Licence applications\n\n5 Licence applications\n\n> > (1) For the purposes of section 105(2)(a) of the Act, the Secretary may require an applicant for a licence to provide further documents or information in support of the application.\n> > \n> > Note.\n> > \n> > Under section 17(2)(g) of the Act, an application for a licence must contain the particulars required by the approved application form.\n> \n> > (2) The Secretary may refuse to determine an application for a licence until the further documents or information in support of the application have been provided.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Licence application fee","content":"#### 6 Licence application fee\n\n6 Licence application fee\n\n> > (1) The Secretary may refuse to determine an application for a licence until the licence application fee is paid.\n> \n> > (2) If the application is made in respect of a business carried on in partnership, a single licence application fee is payable.\n> \n> > (3) In this clause—\n> > \n> > licence application fee means the fee referred to in section 17(2)(h) of the Act.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Discretionary grounds for refusing licence application","content":"#### 7 Discretionary grounds for refusing licence application\n\n7 Discretionary grounds for refusing licence application\n\n> For the purposes of section 18(4) of the Act, the Secretary may refuse an application for a licence if—\n> \n> > (a) a close associate of the applicant has, within the period of 10 years before the application was made—\n> > \n> > > (i) been refused a licence, or\n> > \n> > > (ii) had his or her licence permanently revoked, or\n> > \n> > > (iii) been the subject of disciplinary action under Division 4 of Part 3 of the Act that resulted in the close associate being disqualified from holding a licence or having his or her licence suspended or permanently revoked, or\n> \n> > (b) the applicant or a close associate of the applicant is subject to—\n> > \n> > > (i) a firearms prohibition order under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046), or\n> > \n> > > (ii) a weapons prohibition order under the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127), or\n> > \n> > > (iii) a serious crime prevention order under the [Crimes (Serious Crime Prevention Orders) Act 2016](/view/html/inforce/current/act-2016-015), or\n> \n> > (c) the applicant or a close associate of the applicant has, within the period of 10 years before the application was made, been convicted or been found guilty (but with no conviction being recorded) of the following offences (regardless of whether the offence was committed in New South Wales)—\n> > \n> > > (i) an offence relating to the possession or use of a firearm or imitation firearm (within the meaning of the [Firearms Act 1996](/view/html/inforce/current/act-1996-046)) or other weapon,\n> > \n> > > (ii) an offence involving the supply or possession of a prohibited drug within the meaning of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226),\n> > \n> > > (iii) an offence involving the cultivation (for a commercial purpose), supply or possession of a prohibited plant within the meaning of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226),\n> > \n> > > (iv) an offence relating to organised car, boat or trailer rebirthing activities under section 154G of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040),\n> > \n> > > (v) an offence of dealing with property suspected of being proceeds of crime under section 193C of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040),\n> > \n> > > (vi) an offence involving the recruitment of another person to carry out or assist in carrying out a criminal activity within the meaning of section 351A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040),\n> > \n> > > (vii) an offence involving participation in a criminal group or participation in any criminal activity of a criminal group within the meaning of Division 5 of Part 3A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040),\n> > \n> > > (viii) the offence of contravening a serious crime prevention order under section 8 of the [Crimes (Serious Crime Prevention Orders) Act 2016](/view/html/inforce/current/act-2016-015),\n> > \n> > > (ix) an offence under section 74 of the [Firearms Act 1996](/view/html/inforce/current/act-1996-046) relating to a firearms prohibition order,\n> > \n> > > (x) an offence under section 34 of the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127) relating to a weapons prohibition order,\n> > \n> > > (xi) an offence involving an assault of any kind against a person,\n> > \n> > > (xii) an offence involving fraud, dishonesty or stealing,\n> > \n> > > (xiii) an offence involving robbery (whether armed or otherwise),\n> > \n> > > (xiv) the offence of habitually consorting with convicted offenders under section 93X of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040),\n> > \n> > > (xv) the offence of contravening a public safety order under section 87ZA of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103),\n> > \n> > > (xvi) an offence of making, using or interfering with unique identifiers under section 154H of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040),\n> > \n> > > (xvii) the offence of having possession of a motor vehicle, vessel or trailer where the unique identifier has been interfered with under section 154I of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040),\n> > \n> > > (xviii) the offence of having possession of an identification plate not attached to the motor vehicle or trailer to which it relates under section 154J of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), or\n> \n> > (d) the applicant has not obtained a necessary approval for the use of a specified place as a holding yard in carrying on the applicant’s business, or\n> \n> > (e) the applicant has been subject to disciplinary action under Division 4 of Part 3 of the Act in relation to the requirements for holding yards under Part 4, or\n> \n> > (f) the Secretary reasonably believes that information given in the licence application is false or misleading in a material particular.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Payment of licence fee","content":"#### 8 Payment of licence fee\n\n8 Payment of licence fee\n\n> > (1) The Secretary may refuse to grant a licence until the licence fee is paid.\n> \n> > (2) If a licence is granted in respect of a business carried on in partnership, a single licence fee is payable for the licence.\n> \n> > (3) In this clause—\n> > \n> > licence fee means the fee referred to in section 17(2)(h) of the Act.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Licence conditions","content":"#### 9 Licence conditions\n\n9 Licence conditions\n\n> For the purposes of section 20(2)(l) of the Act, the following conditions are prescribed—\n> \n> > (a) the licensee must ensure that each driver complies with the protective clothing policy,\n> \n> > (b) the licensee must keep a record of the registration details of each tow truck operated by the licensee,\n> \n> > (c) except as provided by clause 86, the licensee may, under the authority of the licence, only operate the tow trucks that are specified in the licence,\n> \n> > (d) the licensee must hold public liability and “on-hook” liability insurance.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Exemption from “on-hook” liability insurance requirement","content":"#### 10 Exemption from “on-hook” liability insurance requirement\n\n10 Exemption from “on-hook” liability insurance requirement\n\n> A licensee is exempt from the requirement, under clause 9(d), that the licensee holds “on-hook” liability insurance in respect of any tow truck that is used, or intended to be used, solely for towing motor vehicles for the purposes of metal recycling or vehicle demolishing or dismantling by a vehicle-wrecker.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Exemption from certain licence conditions for tow trucks registered interstate","content":"#### 11 Exemption from certain licence conditions for tow trucks registered interstate\n\n11 Exemption from certain licence conditions for tow trucks registered interstate\n\n> > (1) This clause applies to a licensee who intends to operate, under the authority of the licence, tow trucks that are registered outside New South Wales.\n> \n> > (2) The licensee is exempt from the condition in section 20(2)(e) of the Act if the licensee ensures that each licensed tow truck displays a sign approved for the purposes of this clause—\n> > \n> > > (a) on the front and back of the tow truck in an approved manner, and\n> > \n> > > (b) so as to be clearly visible to persons outside the tow truck.","sortOrder":13},{"sectionNumber":"Division 2","sectionType":"division","heading":"Provisions relating to drivers certificates","content":"## Division 2 Provisions relating to drivers certificates\n\nDivision 2 Provisions relating to drivers certificates","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Drivers certificate applications","content":"#### 12 Drivers certificate applications\n\n12 Drivers certificate applications\n\n> > (1) For the purposes of section 105(2)(a) of the Act, the Secretary may require an applicant for a drivers certificate to provide further documents or information in support of the application.\n> > \n> > Note.\n> > \n> > Under section 25(2)(b) of the Act, an application for a drivers certificate must contain the particulars required by the approved application form.\n> \n> > (2) The Secretary may refuse to determine an application for a drivers certificate until the further documents or information in support of the application have been provided.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Drivers certificate application fee","content":"#### 13 Drivers certificate application fee\n\n13 Drivers certificate application fee\n\n> > (1) The Secretary may refuse to determine an application for a drivers certificate until the drivers certificate application fee is paid.\n> \n> > (2) In this clause—\n> > \n> > drivers certificate application fee means the fee referred to in section 25(2)(c) of the Act.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Discretionary grounds for refusing drivers certificate application","content":"#### 14 Discretionary grounds for refusing drivers certificate application\n\n14 Discretionary grounds for refusing drivers certificate application\n\n> > (1) For the purposes of section 26(4) of the Act, the grounds on which the Secretary may refuse an application for, or renewal or restoration of, a drivers certificate include any case in which the following have occurred on more than one occasion during the period of 3 years immediately before the application was made—\n> > \n> > > (a) the applicant has been disqualified from holding a driver licence,\n> > \n> > > (b) the applicant’s driver licence has been suspended or cancelled (other than for fine default under the [Fines Act 1996](/view/html/inforce/current/act-1996-099) or in relation to illness, incapacity or a medical condition under clause 65(1)(b) or (7) of the [Road Transport (Driver Licensing) Regulation 2017](/view/html/inforce/current/sl-2017-0450)).\n> \n> > (2) For the purposes of subclause (1), it does not matter that any of the periods of disqualification, suspension or cancellation occurred during only part of the 3-year period.\n> \n> > (3) For the purposes of section 26(4) of the Act, the Secretary may refuse an application for a drivers certificate if the applicant has, within the period of 10 years before the application for the drivers certificate was made, been convicted or been found guilty (but with no conviction being recorded) of the following offences (regardless of whether the offence was committed in New South Wales)—\n> > \n> > > (a) an offence relating to the possession or use of a firearm or imitation firearm (within the meaning of the [Firearms Act 1996](/view/html/inforce/current/act-1996-046)) or other weapon,\n> > \n> > > (b) an offence involving the supply or possession of a prohibited drug within the meaning of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226),\n> > \n> > > (c) an offence involving the cultivation (for a commercial purpose), supply or possession of a prohibited plant within the meaning of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226),\n> > \n> > > (d) an offence relating to organised car, boat or trailer rebirthing activities under section 154G of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040),\n> > \n> > > (e) an offence of dealing with property suspected of being proceeds of crime under section 193C of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040),\n> > \n> > > (f) an offence involving the recruitment of another person to carry out or assist in carrying out a criminal activity within the meaning of section 351A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040),\n> > \n> > > (g) an offence involving participation in a criminal group or participation in any criminal activity of a criminal group within the meaning of Division 5 of Part 3A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040),\n> > \n> > > (h) the offence of contravening a serious crime prevention order under section 8 of the [Crimes (Serious Crime Prevention Orders) Act 2016](/view/html/inforce/current/act-2016-015),\n> > \n> > > (i) an offence under section 74 of the [Firearms Act 1996](/view/html/inforce/current/act-1996-046) relating to a firearms prohibition order,\n> > \n> > > (j) an offence under section 34 of the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127) relating to a weapons prohibition order,\n> > \n> > > (k) an offence involving an assault of any kind against a person,\n> > \n> > > (l) an offence involving fraud, dishonesty or stealing,\n> > \n> > > (m) an offence involving robbery (whether armed or otherwise),\n> > \n> > > (n) the offence of habitually consorting with convicted offenders under section 93X of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040),\n> > \n> > > (o) the offence of contravening a public safety order under section 87ZA of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103),\n> > \n> > > (p) an offence of making, using or interfering with unique identifiers under section 154H of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040),\n> > \n> > > (q) the offence of having possession of a motor vehicle, vessel or trailer where the unique identifier has been interfered with under section 154I of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040),\n> > \n> > > (r) the offence of having possession of an identification plate not attached to the motor vehicle or trailer to which it relates under section 154J of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040).\n> \n> > (4) For the purposes of section 26(4) of the Act, an application may be refused if circumstances equivalent to the matters set out in subclause (1) have occurred under a law of another State or Territory.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Particulars on drivers certificate","content":"#### 15 Particulars on drivers certificate\n\n15 Particulars on drivers certificate\n\n> For the purposes of section 28(2)(d) of the Act, a drivers certificate must contain the following particulars—\n> \n> > (a) the expiry date of the certificate,\n> \n> > (b) the driver licence number of the certified driver.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Conditions of drivers certificate","content":"#### 16 Conditions of drivers certificate\n\n16 Conditions of drivers certificate\n\n> For the purposes of section 29(2)(c) of the Act, the following conditions are prescribed—\n> \n> > (a) the certified driver must comply with the protective clothing policy,\n> \n> > (b) the certified driver must, before towing a motor vehicle, ensure that the type of tow truck intended to be used is suitable for towing that particular motor vehicle.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Payment of drivers certificate fee","content":"#### 17 Payment of drivers certificate fee\n\n17 Payment of drivers certificate fee\n\n> The Secretary may refuse to grant a drivers certificate until the fee referred to in section 25(2)(c) of the Act is paid.","sortOrder":20},{"sectionNumber":"Division 3","sectionType":"division","heading":"General provisions","content":"## Division 3 General provisions\n\nDivision 3 General provisions","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Variation of licence or drivers certificate conditions","content":"#### 18 Variation of licence or drivers certificate conditions\n\n18 Variation of licence or drivers certificate conditions\n\n> If a licensee or certified driver applies for an amendment of the licence or drivers certificate in accordance with section 35 of the Act, the Secretary may charge the applicant a fee of 0.57 fee units in respect of the application.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Pending application for subsequent licence or drivers certificate","content":"#### 19 Pending application for subsequent licence or drivers certificate\n\n19 Pending application for subsequent licence or drivers certificate\n\n> > (1) This clause applies if—\n> > \n> > > (a) the holder of a licence or drivers certificate (the current licence or drivers certificate) applies for a subsequent licence or drivers certificate before the term of the current licence or drivers certificate expires, and\n> > \n> > > (b) the holder has paid the relevant application fee for the subsequent licence or drivers certificate, and\n> > \n> > > (c) the application has not been dealt with by the time the current licence or drivers certificate expires.\n> \n> > (2) The authority conferred by the current licence or drivers certificate continues until the earlier of—\n> > \n> > > (a) the day that is 90 days after the expiry of the current licence or drivers certificate, or\n> > \n> > > (b) the day the person is notified of the granting or refusal of the subsequent licence or drivers certificate.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Requirement to notify Secretary","content":"#### 20 Requirement to notify Secretary\n\n20 Requirement to notify Secretary\n\n> > (1) The holder of a licence or drivers certificate must notify the Secretary in writing, as soon as practicable after a change in—\n> > \n> > > (a) the holder’s residential address, or\n> > \n> > > (b) the holder’s postal address, or\n> > \n> > > (c) the status of the holder’s driver licence.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) The holder of a licence or drivers certificate must notify the Secretary in writing, not more than 14 days after a change in information provided relating to a conviction or finding of guilt (with no conviction being recorded) in relation to an offence listed in clause 7(c) or 14(3).\n> > \n> > Maximum penalty—20 penalty units.","sortOrder":24},{"sectionNumber":"Division 4","sectionType":"division","heading":"Exemption for persons who tow scrap metal","content":"## Division 4 Exemption for persons who tow scrap metal\n\nDivision 4 Exemption for persons who tow scrap metal","sortOrder":25},{"sectionNumber":"pt.2-div.4-sdiv.1","sectionType":"division","heading":"Exemption from requirement to hold licence","content":"### pt.2-div.4-sdiv.1 Exemption from requirement to hold licence\n\nSubdivision 1 Exemption from requirement to hold licence","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Exemption from requirement to hold licence","content":"#### 21 Exemption from requirement to hold licence\n\n21 Exemption from requirement to hold licence\n\n> > (1) A person who carries on a business as a tow truck operator is exempt from the requirement under section 15 of the Act to hold a licence if—\n> > \n> > > (a) the person holds an exemption that is in force, and\n> > \n> > > (b) the person complies with the conditions of the exemption stated in subclause (2).\n> > \n> > Note.\n> > \n> > A person who is exempt from the requirement under the Act to hold a licence because of this clause continues to be subject to the remainder of the Act.\n> \n> > (2) An exemption is subject to the following conditions—\n> > \n> > > (a) tow trucks used in the business must only be used for towing work that is the collection of motor vehicles for conveyance to a scrap metal business registered under the [Scrap Metal Industry Act 2016](/view/html/inforce/current/act-2016-042) (that is, tow trucks must not be used in towing work that involves the collection of motor vehicles for conveyance to a facility for repair, reuse or resale, either in their original form or as parts),\n> > \n> > > (b) a copy of the exemption certificate must be carried at all times in each tow truck used in the business of the person who holds the exemption (the business),\n> > \n> > > (c) the approved signs issued with the exemption certificate, or at a later time, must be displayed on the front and rear of each tow truck used in the business in positions where the signs are visible to persons outside the tow truck when the tow truck is being used to load, tow or unload a motor vehicle,\n> > \n> > > (d) the holder of the exemption must produce the exemption certificate to an authorised officer or police officer on request whenever the holder is at the place of business specified in the exemption certificate,\n> > \n> > > (e) any tow truck used in the business must be one on which a crane is mounted,\n> > \n> > > (f) any tow truck used in the business must not be a tilt table top tow truck,\n> > \n> > > (g) a list of all drivers who drive a tow truck used in the business must be maintained at the place of business specified in the exemption certificate,\n> > \n> > > (h) the list of drivers must be made available to an authorised officer or police officer on request,\n> > \n> > > (i) only a person who is listed on the list of drivers may drive a tow truck used in the business,\n> > \n> > > (j) each driver who drives a tow truck used in the business must be informed of the conditions that the exemption is subject to,\n> > \n> > > (k) the holder of the exemption must notify the Secretary in writing of the following matters—\n> > > \n> > > > (i) any proposed change in the particulars specified in the exemption certificate, at least 7 days before the proposed change occurs,\n> > > \n> > > > (ii) the name of any driver who, in addition to the drivers nominated in the application for an exemption, is proposed to drive a tow truck used in the business,\n> > > \n> > > > (iii) the registration number, make and model of any tow truck, in addition to any tow truck nominated in the application for an exemption, proposed to be used in the applicant’s business,\n> > \n> > > (l) a record (a towing record) of all motor vehicles transported on a tow truck used in the business must—\n> > > \n> > > > (i) be maintained at the place of business specified in the exemption certificate, and\n> > > \n> > > > (ii) be made available to an authorised officer or police officer on request,\n> > \n> > > (m) the towing record must include the following details in relation to each motor vehicle transported—\n> > > \n> > > > (i) the date and time when the motor vehicle was transported,\n> > > \n> > > > (ii) details of where the motor vehicle was transported from and the destination of the tow,\n> > > \n> > > > (iii) the following identification details—\n> > > > \n> > > > > (A) the registration number of the motor vehicle,\n> > > > \n> > > > > (B) if the vehicle does not have a registration number—the vehicle’s VIN,\n> > > > \n> > > > > (C) if the vehicle does not have a VIN—the chassis number or the engine number of the vehicle,\n> > > > \n> > > > > (D) if the vehicle does not have a registration number, VIN, chassis number or engine number or the numbers are obscured—the make, model and colour of the vehicle,\n> > \n> > > (n) the towing record—\n> > > \n> > > > (i) must be in the approved form, and\n> > > \n> > > > (ii) must be completed as soon as practicable in relation to each occasion on which a tow truck is used or operated in the business to transport a motor vehicle,\n> > \n> > > (o) each towing record must be maintained at the place of business specified in the exemption certificate for 5 years,\n> > \n> > > (p) the holder of the exemption must not—\n> > > \n> > > > (i) forge or fraudulently alter an exemption certificate (whether or not it is in force), or\n> > > \n> > > > (ii) give possession of an exemption certificate to another person for the purpose of using it, or it being used, unlawfully, or\n> > > \n> > > > (iii) knowingly have possession of a forged or fraudulently altered exemption certificate,\n> > \n> > > (q) the holder of the exemption must, within 7 days of becoming aware that the exemption certificate has been lost, stolen, damaged, destroyed, altered or defaced—\n> > > \n> > > > (i) notify the Secretary in writing of that occurrence, and\n> > > \n> > > > (ii) in the case of a damaged, altered or defaced exemption certificate—return it to the Secretary,\n> > \n> > > (r) the holder of the exemption must not in any way suggest or imply that the holder may, because of the exemption, exercise any function other than a function allowed under the exemption (and must not exercise a function allowed under the exemption otherwise than in accordance with this subclause),\n> > \n> > > (s) a driver who drives a tow truck used in the business must not—\n> > > \n> > > > (i) in any way suggest or imply that the driver may, because of the exemption, exercise any function apart from a function allowed under the exemption, or\n> > > \n> > > > (ii) exercise the function allowed under the exemption otherwise than in accordance with the conditions of the exemption,\n> > \n> > > (t) the holder of the exemption must not in any way use or attempt to use the exemption certificate to exercise any function apart from a function allowed under the exemption,\n> > \n> > > (u) a driver who drives a tow truck used in the business must not in any way use or attempt to use the exemption certificate to exercise any function apart from a function allowed under the exemption.\n> > \n> > Note.\n> > \n> > Under section 33A(7) of the Act, a person who holds an exemption is guilty of an offence if a condition of the exemption is contravened.\n> \n> > (3) A person who drives a tow truck used in the business of a person who holds an exemption is guilty of an offence if the driver contravenes a condition of the exemption specified in subclause (2)(c), (s) or (u).\n> > \n> > Maximum penalty—25 penalty units.","sortOrder":27},{"sectionNumber":"pt.2-div.4-sdiv.2","sectionType":"division","heading":"Exemption from requirement to hold drivers certificate","content":"### pt.2-div.4-sdiv.2 Exemption from requirement to hold drivers certificate\n\nSubdivision 2 Exemption from requirement to hold drivers certificate","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Exemption from requirement to hold drivers certificate","content":"#### 22 Exemption from requirement to hold drivers certificate\n\n22 Exemption from requirement to hold drivers certificate\n\n> > (1) A person who drives a tow truck in a tow truck business is exempt from the requirement under section 23 of the Act to hold a drivers certificate in relation to the business if the person—\n> > \n> > > (a) is employed or engaged by a tow truck operator who holds an exemption in relation to the business, and\n> > \n> > > (b) is included on the list of drivers required to be maintained by clause 21(2)(g), and\n> > \n> > > (c) complies with the condition of the exemption stated in subclause (2).\n> > \n> > Note.\n> > \n> > A person who is exempt from the requirement under the Act to hold a drivers certificate because of this clause continues to be subject to the remainder of the Act.\n> \n> > (2) The exemption is subject to the condition that the person must produce a copy of the tow truck operator’s exemption certificate to an authorised officer or police officer on request of the officer whenever the person is—\n> > \n> > > (a) driving or standing a tow truck on a road or road related area, or\n> > \n> > > (b) using or operating, or assisting in the use or operation of, a licensed tow truck on a road or road related area at any time, or\n> > \n> > > (c) carrying out, or attempting to obtain, any towing work.","sortOrder":29},{"sectionNumber":"pt.2-div.4-sdiv.3","sectionType":"division","heading":"Exemptions","content":"### pt.2-div.4-sdiv.3 Exemptions\n\nSubdivision 3 Exemptions","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Circumstances for granting exemption","content":"#### 23 Circumstances for granting exemption\n\n23 Circumstances for granting exemption\n\n> > (1) For the purposes of section 33A(3)(a) of the Act, the Secretary may grant an application by a tow truck operator for an exemption if the Secretary is satisfied that the only towing work that tow trucks used in the business engage in is the collection of motor vehicles for conveyance to a scrap metal business registered under the [Scrap Metal Industry Act 2016](/view/html/inforce/current/act-2016-042).\n> \n> > (2) The Secretary, on granting an exemption, must issue 2 signs, in the approved form, for each tow truck nominated by the applicant in the application for the exemption.","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Restrictions on granting exemption","content":"#### 24 Restrictions on granting exemption\n\n24 Restrictions on granting exemption\n\n> The Secretary must refuse to grant an application for an exemption if—\n> \n> > (a) the applicant will, in the opinion of the Secretary, be engaged in towing work that involves the collection of motor vehicles for conveyance to a facility for repair, reuse or resale, either in their original form or as parts, or\n> \n> > (b) the applicant is not, in the opinion of the Secretary, a fit and proper person to hold an exemption or is otherwise not competent to engage in the collection of motor vehicles for conveyance to a scrap metal business, or\n> \n> > (c) the application is incomplete in a material particular, or\n> \n> > (d) the application contains matter that is, in the opinion of the Secretary, false or misleading in a material particular, or\n> \n> > (e) any tow truck to be operated in the course of the applicant’s business does not have a crane mounted on it, or\n> \n> > (f) any tow truck to be operated in the course of the applicant’s business is a tilt table top tow truck.","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Duration of exemption","content":"#### 25 Duration of exemption\n\n25 Duration of exemption\n\n> An exemption continues in force for 2 years from the date on which it is granted or a shorter period as may be specified in the exemption certificate, unless it is sooner revoked.","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Proposed changes in particulars to be reflected in replacement exemption certificate","content":"#### 26 Proposed changes in particulars to be reflected in replacement exemption certificate\n\n26 Proposed changes in particulars to be reflected in replacement exemption certificate\n\n> If the Secretary has been notified of a change in the particulars specified in an exemption certificate, the Secretary may approve the proposed change of particulars by amending the exemption and granting a replacement exemption certificate.","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Provision of signs for additional exempted tow truck","content":"#### 27 Provision of signs for additional exempted tow truck\n\n27 Provision of signs for additional exempted tow truck\n\n> If the Secretary has been notified of a proposed additional tow truck to be used in the course of the business of the holder of an exemption, the Secretary may approve the additional tow truck and issue 2 signs, in the approved form, for each such tow truck.","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Requirement to return exemption certificate","content":"#### 28 Requirement to return exemption certificate\n\n28 Requirement to return exemption certificate\n\n> If an exemption is revoked or has expired, the holder of the exemption must return the exemption certificate, and all approved signs issued to the holder, to the Secretary within 14 days of the revocation or expiry.\n> \n> Maximum penalty—15 penalty units.","sortOrder":36},{"sectionNumber":"Part 3","sectionType":"part","heading":"Towing authorisations","content":"# Part 3 Towing authorisations\n\nPart 3 Towing authorisations","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Definition","content":"#### 29 Definition\n\n29 Definition\n\n> In this Part—\n> \n> towing authorisation book means a book, issued by the Secretary, comprising approved towing authorisation forms.","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Exception from requirement to obtain towing authorisations for towing work","content":"#### 30 Exception from requirement to obtain towing authorisations for towing work\n\n30 Exception from requirement to obtain towing authorisations for towing work\n\n> In accordance with section 49(2)(b) of the Act, a person is not required to obtain a towing authorisation for towing work if—\n> \n> > (a) an authorised officer has indicated to the person that a towing authorisation is not required for the towing work, and\n> \n> > (b) the towing work is carried out in accordance with the directions of the authorised officer.","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Requirement to leave accident scene once towing authorisations obtained","content":"#### 31 Requirement to leave accident scene once towing authorisations obtained\n\n31 Requirement to leave accident scene once towing authorisations obtained\n\n> If, in relation to an accident involving one or more motor vehicles, a person or persons have obtained towing authorisations for the towing of the motor vehicle or vehicles, any other person who has attended the scene of the accident for the purpose of obtaining towing work by the use of a tow truck but has not obtained a towing authorisation must not remain at the scene of the accident.\n> \n> Maximum penalty—50 penalty units.","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Persons who may give towing authorisations","content":"#### 32 Persons who may give towing authorisations\n\n32 Persons who may give towing authorisations\n\n> A towing authorisation for the towing of a motor vehicle by a tow truck may only be given by—\n> \n> > (a) the owner or driver of the motor vehicle to be towed, or\n> \n> > (b) an authorised officer, or\n> \n> > (c) a police officer.","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Completion of, and dealing with, towing authorisations","content":"#### 33 Completion of, and dealing with, towing authorisations\n\n33 Completion of, and dealing with, towing authorisations\n\n> For the purposes of section 51(4) of the Act, a person who obtains a towing authorisation must ensure—\n> \n> > (a) the authorisation—\n> > \n> > > (i) is in writing in the approved form, and\n> > \n> > > (ii) is included in a towing authorisation book, and\n> > \n> > > (iii) is signed by the person and by the person giving the authorisation, and\n> > \n> > > (iv) specifies an address given by the person giving the authorisation as the address to which the motor vehicle is to be towed, and\n> > \n> > > (v) specifies an alternative address being the address of the licensee’s holding yard where the motor vehicle will be towed to if the address specified under subparagraph (iv) is not accessible, and\n> > \n> > > (vi) is otherwise completed (to the extent that is reasonably practicable in the circumstances) in the approved manner and by the insertion of the information required by the approved form, and\n> \n> > (b) the original towing authorisation and 2 copies are completed, and\n> \n> > (c) the towing authorisation used is the next available towing authorisation in order of serial number.","sortOrder":42},{"sectionNumber":"34","sectionType":"section","heading":"False information in towing authorisations","content":"#### 34 False information in towing authorisations\n\n34 False information in towing authorisations\n\n> > (1) A person must not record anything in a towing authorisation that the person knows to be false or misleading.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) A person must not induce another person to sign a towing authorisation that the first person knows to be false or misleading.\n> > \n> > Maximum penalty—50 penalty units.","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"Other requirements relating to towing authorisations","content":"#### 35 Other requirements relating to towing authorisations\n\n35 Other requirements relating to towing authorisations\n\n> > (1) A person who seeks to obtain a towing authorisation for the towing of a motor vehicle by a tow truck must—\n> > \n> > > (a) complete a written quotation for towing services form (in an approved form) in relation to the towing of the motor vehicle before obtaining the authorisation, and\n> > \n> > > (b) provide the quotation for towing services form to the person who is to give the authorisation, and\n> > \n> > > (c) explain to the person who is to give the authorisation that they have the following rights—\n> > > \n> > > > (i) to decide the address where the vehicle will be towed to,\n> > > \n> > > > (ii) to decide who will tow the vehicle,\n> > > \n> > > > (iii) to contact anyone before signing the written towing authorisation form for their assistance with deciding on the correct address to have the vehicle towed to,\n> > > \n> > > > (iv) to refuse to accept a tow for any reason,\n> > > \n> > > > (v) to receive a completed and signed copy of the written towing authorisation form that contains contact details for the tow truck operator who will be towing the vehicle and a completed quotation for towing and storage services.\n> > \n> > Maximum penalty—25 penalty units.\n> \n> > (2) A person who obtains a towing authorisation for the towing of a motor vehicle by a tow truck must—\n> > \n> > > (a) immediately provide a copy of the towing authorisation to the person giving the authorisation, and\n> > \n> > > (b) within 72 hours of completing the towing work to which the towing authorisation relates, deliver the original towing authorisation to the holder of the licence under which the tow truck is operated, and\n> > \n> > > (c) keep a copy of the towing authorisation in the towing authorisation book.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (3) An authorised officer or a police officer who gives a towing authorisation for the towing of a motor vehicle by a tow truck under clause 32(b) or (c) must provide the copy of the authorisation received under subclause (2)(a) to the owner or driver of the motor vehicle within 7 days of receiving that copy.\n> \n> > (4) A person who obtains a towing authorisation must, before towing the motor vehicle by a tow truck, complete a notice (the towing notice) that is in the approved form and contains the following information—\n> > \n> > > (a) the serial number of the towing authorisation to which the towing notice relates,\n> > \n> > > (b) the name of the licensee and the number of the licence under which the tow truck is authorised to be operated,\n> > \n> > > (c) the name, and drivers certificate number, of the person who obtained the towing authorisation,\n> > \n> > > (d) the registration number of the motor vehicle to which the towing authorisation relates,\n> > \n> > > (e) the address to which the motor vehicle is to be towed,\n> > \n> > > (f) if the motor vehicle is to be towed to a holding yard—the address of the holding yard.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (5) The person who completes the towing notice must attach the notice to the motor vehicle in the approved way before towing the motor vehicle.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (6) A person must not remove a towing notice attached to a motor vehicle in accordance with subclause (5) unless—\n> > \n> > > (a) the person is the insurer of the motor vehicle, or\n> > \n> > > (b) in any case where the motor vehicle is not insured—the person is the owner or driver of the motor vehicle, or\n> > \n> > > (c) the person is acting under the written authority of a person referred to in paragraph (a) or (b).\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (7) Despite subclause (6), an authorised officer or police officer may remove a towing notice attached to a motor vehicle in accordance with subclause (5) for the following purposes—\n> > \n> > > (a) to determine compliance with or contravention of the Act or this Regulation,\n> > \n> > > (b) to obtain information or documents for the purpose of administering the Act,\n> > \n> > > (c) generally for administering the Act.\n> \n> > (8) A person must not obtain, or attempt to obtain, a towing authorisation for the towing of a motor vehicle involved in an accident until any towing authorisation that the person has obtained for the towing of any other motor vehicle involved in the same accident has been completed in accordance with the particulars specified in that authorisation.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (9) A licensee must ensure that each tow truck driver who is employed or engaged by the licensee complies with the requirements of this clause.\n> > \n> > Maximum penalty—50 penalty units.","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Towing authorisation books","content":"#### 36 Towing authorisation books\n\n36 Towing authorisation books\n\n> > (1) The Secretary may, on application by a licensee and on payment of the approved fee, issue the licensee with a towing authorisation book for each tow truck operating under the licence.\n> \n> > (2) A licensee must provide a towing authorisation book to each certified driver carrying out towing work under the licence that requires a towing authorisation.\n> > \n> > Maximum penalty—25 penalty units.\n> \n> > (3) A certified driver must not carry out any towing work that requires a towing authorisation unless the driver is in possession of a towing authorisation book.\n> > \n> > Maximum penalty—15 penalty units.\n> \n> > (4) A certified driver must produce any towing authorisation book in the driver’s possession for inspection on request by an authorised officer or police officer and allow the person to whom it is produced to take extracts from, or to make copies of, any entry in that book.\n> > \n> > Maximum penalty—15 penalty units.\n> \n> > (5) As soon as a certified driver completes a towing authorisation book, the driver must deliver the book to the licensee who gave it to the driver.\n> > \n> > Maximum penalty—15 penalty units.","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Keeping and production of towing authorisations","content":"#### 37 Keeping and production of towing authorisations\n\n37 Keeping and production of towing authorisations\n\n> > (1) A licensee must—\n> > \n> > > (a) keep, for at least 5 years, the following at the licensee’s place of business as specified in the licence—\n> > > \n> > > > (i) the original of each completed towing authorisation that relates to a tow truck operated under the licence,\n> > > \n> > > > (ii) each towing authorisation book issued to the licensee, and\n> > \n> > > (b) immediately on request by an authorised officer or a police officer, produce for inspection—a towing authorisation or towing authorisation book kept by the licensee, or a copy of an authorisation to which the licensee has reasonable access, and\n> > \n> > > (c) allow for the purposes of evidence a person to whom a towing authorisation or towing authorisation book is produced—\n> > > \n> > > > (i) to take extracts from, or to make copies of, the authorisation or book, or\n> > > \n> > > > (ii) to remove the authorisation or book.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) If a licence expires or is revoked or surrendered, the person to whom the licence was issued must return to the Secretary within 7 days of the expiration, revocation or surrender—\n> > \n> > > (a) any completed original towing authorisation that has been delivered to the person, and\n> > \n> > > (b) any towing authorisation books supplied to the person, and\n> > \n> > > (c) any towing notice that has not been completed.\n> > \n> > Maximum penalty—20 penalty units.","sortOrder":46},{"sectionNumber":"Part 4","sectionType":"part","heading":"Holding yards","content":"# Part 4 Holding yards\n\nPart 4 Holding yards","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Security requirements","content":"#### 38 Security requirements\n\n38 Security requirements\n\n> > (1) Except as provided by subclause (2), a licensee must ensure that any holding yard of the licensee—\n> > \n> > > (a) is enclosed by a security fence that is not less than 2 metres high and that has gates with locks, and\n> > \n> > > (b) has flood lighting installed, and\n> > \n> > > (c) has a closed-circuit television system or a monitored security alarm system installed.\n> > \n> > Maximum penalty—25 penalty units.\n> \n> > (2) The Secretary may, by notice in writing, exempt a licensee from a requirement under subclause (1).\n> \n> > (3) An exemption may be granted subject to the condition that the licensee comply with a requirement specified in the notice.\n> \n> > (4) A licensee must ensure that the security fence enclosing a holding yard of the licensee is properly maintained and, if damaged, is repaired as soon as possible and within 21 days of becoming aware of the damage.\n> > \n> > Maximum penalty—25 penalty units.","sortOrder":48},{"sectionNumber":"39","sectionType":"section","heading":"Storage capacity","content":"#### 39 Storage capacity\n\n39 Storage capacity\n\n> It is a condition of a licence that any holding yard of the licensee is capable of storing any motor vehicle towed under the authority of the licence to the holding yard.","sortOrder":49},{"sectionNumber":"40","sectionType":"section","heading":"Access to holding yard","content":"#### 40 Access to holding yard\n\n40 Access to holding yard\n\n> It is a condition of a licence that any holding yard of the licensee is accessible at all times by each licensed tow truck operated by the licensee.","sortOrder":50},{"sectionNumber":"41","sectionType":"section","heading":"Holding yard register","content":"#### 41 Holding yard register\n\n41 Holding yard register\n\n> > (1) It is a condition of a licence that the licensee must keep a register (the holding yard register) in the approved form and manner, and in accordance with this clause, in relation to a holding yard of the licensee.\n> \n> > (2) The licensee must keep a separate holding yard register for each holding yard listed on a licence.\n> \n> > (3) The following particulars are to be recorded in a holding yard register—\n> > \n> > > (a) the time and date on which each motor vehicle is towed into and out of the holding yard,\n> > \n> > > (b) the name of the tow truck driver who towed the motor vehicle to the holding yard,\n> > \n> > > (c) the name and contact details of the person who authorised the release of the motor vehicle from the holding yard,\n> > \n> > > (d) a copy of a written authorisation for the release of a motor vehicle from the holding yard,\n> > \n> > > (e) the particulars in paragraphs (a)–(d) that relate to the moving of a motor vehicle between approved holding yards of a licensee,\n> > \n> > > (f) the make, model, type and colour of the motor vehicle, and the following identification details—\n> > > \n> > > > (i) the registration number of the motor vehicle,\n> > > \n> > > > (ii) if the vehicle does not have a registration number—the vehicle’s VIN,\n> > > \n> > > > (iii) if the vehicle does not have a VIN—the chassis number or the engine number (if any) of the vehicle,\n> > \n> > > (g) the serial number of the towing authorisation obtained in relation to the motor vehicle.\n> \n> > (4) The licensee must update the holding yard register with the particulars under subclause (3) within 24 hours of each occasion on which a motor vehicle is towed into or out of the holding yard.","sortOrder":51},{"sectionNumber":"42","sectionType":"section","heading":"Certain operators not required to maintain a holding yard","content":"#### 42 Certain operators not required to maintain a holding yard\n\n42 Certain operators not required to maintain a holding yard\n\n> > (1) Nothing in the Act requires the following tow truck operators to maintain a holding yard—\n> > \n> > > (a) a tow truck operator who only operates tow trucks with a gross combination mass of 20 tonnes or more for the purpose of towing heavy motor vehicles (within the meaning of Part 5),\n> > \n> > > (b) a tow truck operator who operates tow trucks only for towing motor vehicles for the purposes of metal recycling or vehicle demolishing or dismantling by a vehicle-wrecker,\n> > \n> > > (c) a tow truck operator who operates tow trucks only for purposes other than attending motor vehicle accidents.\n> \n> > (2) A person towing a heavy motor vehicle for a tow truck operator referred to in subclause (1)(a) is exempt from section 51(3) of the Act.","sortOrder":52},{"sectionNumber":"Part 5","sectionType":"part","heading":"Fees for towing, salvage, storage and related services","content":"# Part 5 Fees for towing, salvage, storage and related services\n\nPart 5 Fees for towing, salvage, storage and related services\n\nNote.\n\nThis Part makes provision for the fees that may be charged for the towing, salvage or storage of a motor vehicle that has been involved in an accident or has been stolen. It does not apply to towing work involving motor vehicles that have broken down otherwise than as a result of an accident.","sortOrder":53},{"sectionNumber":"43","sectionType":"section","heading":"Application","content":"#### 43 Application\n\n43 Application\n\n> This Part applies to the charging of fees by a licensee or certified driver only for the towing, salvage or storage of a motor vehicle that has been involved in an accident or has been stolen.","sortOrder":55},{"sectionNumber":"44","sectionType":"section","heading":"Definitions","content":"#### 44 Definitions\n\n44 Definitions\n\n> In this Part—\n> \n> approved Class 3 conventional tow truck means a tow truck that—\n> \n> > (a) has a gross combination mass of no more than 25 tonnes, and\n> \n> > (b) has lifting apparatus with a safe working load of 5 tonnes or more, and\n> \n> > (c) cannot tow motor vehicles with a mass exceeding 12 tonnes.\n> \n> approved Class 4 (A) conventional tow truck means a tow truck that—\n> \n> > (a) has a gross combination mass of more than 25 tonnes but no more than 45 tonnes, and\n> \n> > (b) has lifting apparatus with a safe working load of 5 tonnes or more, and\n> \n> > (c) can tow motor vehicles with a mass exceeding 12 tonnes, and\n> \n> > (d) has a dual rear axle, and\n> \n> > (e) has a power-operated winch, and\n> \n> > (f) has air brakes that can be connected to the brakes of any motor vehicle being towed.\n> \n> approved Class 4 (B) conventional tow truck means a tow truck that—\n> \n> > (a) has a gross combination mass of more than 45 tonnes but no more than 60 tonnes, and\n> \n> > (b) has lifting apparatus with a safe working load of 5 tonnes or more, and\n> \n> > (c) can tow motor vehicles with a mass exceeding 12 tonnes, and\n> \n> > (d) has a dual rear axle, and\n> \n> > (e) has a power-operated winch, and\n> \n> > (f) has air brakes that can be connected to the brakes of any motor vehicle being towed.\n> \n> approved Class 4 (C) conventional tow truck means a tow truck that—\n> \n> > (a) has a gross combination mass of more than 60 tonnes, and\n> \n> > (b) has lifting apparatus with a safe working load of 5 tonnes or more, and\n> \n> > (c) can tow motor vehicles with a mass exceeding 12 tonnes, and\n> \n> > (d) has a dual rear axle, and\n> \n> > (e) has a power-operated winch, and\n> \n> > (f) has air brakes that can be connected to the brakes of any motor vehicle being towed.\n> \n> gross combination mass has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> \n> gross vehicle mass has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> \n> heavy motor vehicle means a motor vehicle that has a gross vehicle mass of more than 4.5 tonnes.\n> \n> licensee’s holding yard means a holding yard specified in the licence of a licensee.\n> \n> light motor vehicle means a motor vehicle that is not a heavy motor vehicle.\n> \n> Sydney metropolitan area means the local government areas of Bayside, City of Blacktown, City of Blue Mountains, Burwood, Camden, City of Campbelltown, Canada Bay, Canterbury-Bankstown, Cumberland, City of Fairfield, Georges River, City of Hawkesbury, Hornsby, Hunter’s Hill, Inner West, Ku-ring-gai, Lane Cove, City of Liverpool, Mosman, North Sydney, Northern Beaches, City of Parramatta, City of Penrith, City of Randwick, City of Ryde, Strathfield, Sutherland Shire, City of Sydney, The Hills Shire, Waverley, City of Willoughby and Woollahra.\n> \n> **cl 44:** Am 2024 No 25, Sch 3.9\\[2\\].","sortOrder":56},{"sectionNumber":"45","sectionType":"section","heading":"Maximum fees for accident towing work involving light motor vehicles","content":"#### 45 Maximum fees for accident towing work involving light motor vehicles\n\n45 Maximum fees for accident towing work involving light motor vehicles\n\n> The maximum fee that may be charged for any accident towing work (other than work referred to in clause 47) involving a light motor vehicle is—\n> \n> > (a) 2.43 fee units, and\n> \n> > (b) if the accident towing work occurs—\n> > \n> > > (i) entirely within the Sydney metropolitan area—an additional 0.0528 fee units for every kilometre in excess of 10 km travelled via the most direct route from the scene of the accident to the destination specified in the towing authorisation, or\n> > \n> > > (ii) partly or wholly outside the Sydney metropolitan area—an additional 0.0435 fee units for every kilometre in excess of 20 km travelled via the most direct route both in travelling from the licensee’s place of business to the scene of an accident and then to the destination specified on the towing authorisation, and\n> \n> > (c) if the accident towing work occurs—\n> > \n> > > (i) entirely within the Sydney metropolitan area and if any part of the accident towing work occurs outside the hours between 8 am and 5 pm on any business day, or on a day that is not a business day—an additional 20% of that part of the fee under paragraphs (a) and (b)(i) that relates to the accident towing work that occurred outside those hours, or\n> > \n> > > (ii) partly or wholly outside the Sydney metropolitan area and if any part of the accident towing work occurs outside the hours between 8 am and 5 pm on any business day, or on a day that is not a business day—an additional 20% of that part of the fee under paragraphs (a) and (b)(ii) that relates to the accident towing work that occurred outside those hours, and\n> \n> > (d) if the accident towing work occurs partly or wholly outside the Sydney metropolitan area on a road with a speed limit of or above 80 kilometres per hour—an additional 0.6 fee units for each hour or part of an hour of work involved in cleaning glass or debris at the scene of the accident, and\n> \n> > (e) any toll charges incurred during the towing work or travelling to the scene of the accident.","sortOrder":58},{"sectionNumber":"46","sectionType":"section","heading":"Maximum fees for recovery towing work involving light motor vehicles","content":"#### 46 Maximum fees for recovery towing work involving light motor vehicles\n\n46 Maximum fees for recovery towing work involving light motor vehicles\n\n> The maximum fee that may be charged for any towing work that involves the recovery of a light motor vehicle that has been stolen and has not been involved in an accident is—\n> \n> > (a) 1.60 fee units, and\n> \n> > (b) if the towing work occurs—\n> > \n> > > (i) entirely in the Sydney metropolitan area and involves travelling a distance of more than 10 km via the most direct route from the initial location of the motor vehicle to the destination specified by the vehicle owner—an additional 0.0528 fee units for every kilometre in excess of 10 km travelled via the most direct route, or\n> > \n> > > (ii) partly or wholly outside the Sydney metropolitan area and involves travelling a distance of more than 20 km via the most direct route both in travelling from the licensee’s place of business to the initial location of the motor vehicle and then to the destination specified by the vehicle owner—an additional 0.0435 fee units for every kilometre in excess of 20 km travelled via the most direct route, and\n> \n> > (c) if the towing work occurs—\n> > \n> > > (i) entirely in the Sydney metropolitan area and if any part of the towing work occurs outside the hours between 8 am and 5 pm on any business day, or on a day that is not a business day—an additional 20% of that part of the fee under paragraphs (a) and (b)(i) that relates to the towing work that occurred outside those hours, or\n> > \n> > > (ii) partly or wholly outside the Sydney metropolitan area and if any part of the towing work occurs outside the hours between 8 am and 5 pm on any business day, or on a day that is not a business day—an additional 20% of that part of the fee under paragraphs (a) and (b)(ii) that relates to the towing work that occurred outside those hours, and\n> \n> > (d) any toll charges incurred during the towing work or travelling to the location of the motor vehicle.","sortOrder":59},{"sectionNumber":"47","sectionType":"section","heading":"Maximum fees for subsequent tows of light motor vehicles","content":"#### 47 Maximum fees for subsequent tows of light motor vehicles\n\n47 Maximum fees for subsequent tows of light motor vehicles\n\n> > (1) This clause applies if a light motor vehicle that has been involved in an accident or has been stolen is towed by a licensee or certified driver from a temporary location to which it had previously been towed by that licensee or certified driver for storage or repair to another place for storage or repair specified on the towing authorisation (a subsequent tow).\n> \n> > (2) The maximum fee that may be charged for the subsequent tow is—\n> > \n> > > (a) 0.88 fee units, and\n> > \n> > > (b) if the subsequent tow occurs—\n> > > \n> > > > (i) entirely in the Sydney metropolitan area and involves travelling a distance of more than 10 km via the most direct route from a temporary location where the motor vehicle has been stored to the destination specified on the towing authorisation—an additional 0.0528 fee units for every kilometre in excess of 10 km travelled via the most direct route, or\n> > > \n> > > > (ii) partly or wholly outside the Sydney metropolitan area and involves travelling a distance of more than 20 km via the most direct route both in travelling from the licensee’s place of business to a temporary location where the motor vehicle has been stored and then to the destination specified on the towing authorisation—an additional 0.0435 fee units for every kilometre in excess of 20 km travelled via the most direct route, and\n> > \n> > > (c) if the subsequent tow occurs—\n> > > \n> > > > (i) entirely in the Sydney metropolitan area and if any part of the subsequent towing work occurs outside the hours between 8 am and 5 pm on any business day, or on a day that is not a business day—an additional 20% of that part of the fee under paragraphs (a) and (b)(i) that relates to the towing work that occurred outside those hours, or\n> > > \n> > > > (ii) partly or wholly outside the Sydney metropolitan area and if any part of the subsequent towing work occurs outside the hours between 8 am and 5 pm on any business day, or on a day that is not a business day—an additional 20% of that part of the fee under paragraphs (a) and (b)(ii) that relates to the towing work that occurred outside those hours, and\n> > \n> > > (d) any toll charges incurred during the subsequent tow or while travelling to the location of the motor vehicle.\n> \n> > (3) Despite subclause (2), if 2 or more light motor vehicles are carried simultaneously on a subsequent tow—\n> > \n> > > (a) any fee for excess kilometres under subclause (2)(b) may only be charged to one motor vehicle, and\n> > \n> > > (b) any toll incurred may only be charged under subclause (2)(d) to one motor vehicle.","sortOrder":60},{"sectionNumber":"48","sectionType":"section","heading":"Fee must not be charged for complying with directions","content":"#### 48 Fee must not be charged for complying with directions\n\n48 Fee must not be charged for complying with directions\n\n> A fee must not be charged for towing work undertaken in accordance with any direction of an authorised officer or police officer to move a light motor vehicle that is causing an unreasonable obstruction to traffic to the nearest place where it no longer causes an obstruction to traffic.","sortOrder":61},{"sectionNumber":"49","sectionType":"section","heading":"Fee must not be charged for time spent waiting","content":"#### 49 Fee must not be charged for time spent waiting\n\n49 Fee must not be charged for time spent waiting\n\n> A separate fee must not be charged for any time spent waiting or standing at the scene of an accident or incident involving a light motor vehicle, including any time spent waiting for the permission of a police officer or emergency service personnel to remove a motor vehicle.","sortOrder":62},{"sectionNumber":"50","sectionType":"section","heading":"Limitation on trucks that may charge for towing work involving heavy motor vehicles","content":"#### 50 Limitation on trucks that may charge for towing work involving heavy motor vehicles\n\n50 Limitation on trucks that may charge for towing work involving heavy motor vehicles\n\n> A fee must not be charged for accident towing work involving a heavy motor vehicle, or towing work involving the recovery of a stolen heavy motor vehicle, unless—\n> \n> > (a) the relevant tow truck is an approved Class 3 conventional tow truck, approved Class 4 (A) conventional tow truck, approved Class 4 (B) conventional tow truck or approved Class 4 (C) conventional tow truck, and\n> \n> > (b) the relevant tow truck does not exceed its gross combination mass when towing the heavy motor vehicle.","sortOrder":64},{"sectionNumber":"51","sectionType":"section","heading":"Maximum fees for accident towing work involving heavy motor vehicles","content":"#### 51 Maximum fees for accident towing work involving heavy motor vehicles\n\n51 Maximum fees for accident towing work involving heavy motor vehicles\n\n> The maximum fee that may be charged for any accident towing work involving a heavy motor vehicle is—\n> \n> > (a) the following amount for the first hour of accident towing work—\n> > \n> > > (i) 2.57 fee units, for work carried out by an approved Class 3 conventional tow truck,\n> > \n> > > (ii) 2.78 fee units, for work carried out by an approved Class 4 (A) conventional tow truck,\n> > \n> > > (iii) 2.92 fee units, for work carried out by an approved Class 4 (B) conventional tow truck,\n> > \n> > > (iv) 3.71 fee units, for work carried out by an approved Class 4 (C) conventional tow truck, and\n> \n> > (b) the following amount for every subsequent hour or part of an hour of accident towing work—\n> > \n> > > (i) 1.59 fee units, for work carried out by an approved Class 3 conventional tow truck,\n> > \n> > > (ii) 1.83 fee units, for work carried out by an approved Class 4 (A) conventional tow truck,\n> > \n> > > (iii) 1.96 fee units, for work carried out by an approved Class 4 (B) conventional tow truck,\n> > \n> > > (iv) 2.77 fee units, for work carried out by an approved Class 4 (C) conventional tow truck, and\n> \n> > (c) if a second certified driver is required to carry out the towing work—an additional 0.65 fee units for each hour or part of an hour that the second certified driver is involved in the towing work at the scene of the accident, and\n> \n> > (d) an additional 0.65 fee units for each hour or part of an hour of administrative work involved in arranging the towing of the motor vehicle or the salvage of its load or freight, payable for only one driver for each accident, and\n> \n> > (e) an additional 0.6 fee units for each hour or part of an hour of work involved in cleaning glass or debris at the scene of the accident, and\n> \n> > (f) if any part of the work occurs outside the hours between 8 am and 5 pm on any business day, or on a day that is not a business day—an additional 50% of that part of the fee calculated under paragraphs (c) and (d) that relates to the work that occurred outside those hours, and\n> \n> > (g) if any additional equipment is required to complete the accident towing work and that equipment has been arranged for and paid for by the licensee or certified driver—110% of the cost of the use of that equipment, and\n> \n> > (h) any toll charges incurred during the towing work or travelling to the scene of the accident.","sortOrder":65},{"sectionNumber":"52","sectionType":"section","heading":"Maximum fees for stolen motor vehicle recovery involving heavy motor vehicles","content":"#### 52 Maximum fees for stolen motor vehicle recovery involving heavy motor vehicles\n\n52 Maximum fees for stolen motor vehicle recovery involving heavy motor vehicles\n\n> The maximum fee that may be charged for any towing work that involves the recovery of a heavy motor vehicle that has been stolen and has not been involved in an accident is—\n> \n> > (a) the following amount for the first hour of towing work—\n> > \n> > > (i) 2.34 fee units, for work carried out by an approved Class 3 conventional tow truck,\n> > \n> > > (ii) 2.55 fee units, for work carried out by an approved Class 4 (A) conventional tow truck,\n> > \n> > > (iii) 2.69 fee units, for work carried out by an approved Class 4 (B) conventional tow truck,\n> > \n> > > (iv) 3.48 fee units, for work carried out by an approved Class 4 (C) conventional tow truck, and\n> \n> > (b) the following amount for every subsequent hour or part of an hour of towing work—\n> > \n> > > (i) 1.59 fee units, for work carried out by an approved Class 3 conventional tow truck,\n> > \n> > > (ii) 1.83 fee units, for work carried out by an approved Class 4 (A) conventional tow truck,\n> > \n> > > (iii) 1.96 fee units, for work carried out by an approved Class 4 (B) conventional tow truck,\n> > \n> > > (iv) 2.77 fee units, for work carried out by an approved Class 4 (C) conventional tow truck, and\n> \n> > (c) if a second certified driver is required to carry out the towing work—an additional 0.65 fee units for each hour or part of an hour that the second certified driver is involved in the towing work at the location from which the motor vehicle is recovered, and\n> \n> > (d) an additional 0.65 fee units for each hour or part of an hour of administration work involved in arranging the towing of the motor vehicle or the salvage of its load or freight, payable for only one driver for each motor vehicle recovered, and\n> \n> > (e) if any part of the work occurs outside the hours between 8 am and 5 pm on any business day, or on a day that is not a business day—an additional 50% of that part of the fee calculated under paragraphs (c) and (d) that relates to the work that occurred outside those hours, and\n> \n> > (f) if any additional equipment is required to complete the towing work, salvage or site recovery and that equipment has been arranged for and paid for by the licensee or certified driver—110% of the cost of the use of that equipment, and\n> \n> > (g) any toll charges incurred during the towing work or travelling to the location of the motor vehicle.","sortOrder":66},{"sectionNumber":"53","sectionType":"section","heading":"Stand by rate","content":"#### 53 Stand by rate\n\n53 Stand by rate\n\n> The maximum fee that may be charged for standing by to do accident towing work involving a heavy motor vehicle, or towing work involving recovering a heavy motor vehicle that has been stolen and has not been involved in an accident, is—\n> \n> > (a) in the case of an approved Class 3 conventional tow truck—\n> > \n> > > (i) 1.29 fee units for the first hour of standing by, and\n> > \n> > > (ii) an additional 0.80 fee units for each subsequent hour or part of an hour of standing by, or\n> \n> > (b) in the case of an approved Class 4 (A) conventional tow truck—\n> > \n> > > (i) 1.39 fee units for the first hour of standing by, and\n> > \n> > > (ii) an additional 0.9135 fee units for each subsequent hour or part of an hour of standing by, or\n> \n> > (c) in the case of an approved Class 4 (B) conventional tow truck—\n> > \n> > > (i) 1.46 fee units for the first hour of standing by, and\n> > \n> > > (ii) an additional 0.98 fee units for each subsequent hour or part of an hour of standing by, or\n> \n> > (d) in the case of an approved Class 4 (C) conventional tow truck—\n> > \n> > > (i) 1.8526 fee units for the first hour of standing by, and\n> > \n> > > (ii) an additional 1.383 fee units for each subsequent hour or part of an hour of standing by.","sortOrder":67},{"sectionNumber":"54","sectionType":"section","heading":"Fees must not be charged for certain salvage","content":"#### 54 Fees must not be charged for certain salvage\n\n54 Fees must not be charged for certain salvage\n\n> A fee must not be charged for the salvage of a light motor vehicle involved in an accident that is still at the scene of the accident if the salvage is from a road or road related area.","sortOrder":69},{"sectionNumber":"55","sectionType":"section","heading":"Maximum fees for certain salvage of light motor vehicles","content":"#### 55 Maximum fees for certain salvage of light motor vehicles\n\n55 Maximum fees for certain salvage of light motor vehicles\n\n> > (1) The maximum fee that may be charged for the salvage of a light motor vehicle involved in an accident that is still at the scene of the accident and is not salvage from a road or road related area is—\n> > \n> > > (a) $0 for the first 30 minutes, and\n> > \n> > > (b) 0.62 fee units for each hour or part of an hour that a certified driver is actually involved in the salvage, after the first 30 minutes, and\n> > \n> > > (c) if an assistant is required—0.62 fee units for each hour or part of an hour that the assistant is actually involved in the salvage, and\n> > \n> > > (d) if one or more additional tow trucks are required in the salvage operation—the rate applicable in clause 45 may be charged for each tow truck, and\n> > \n> > > (e) if any part of the salvage work occurs outside the hours between 8 am and 5 pm on any business day, or on a day that is not a business day—an additional 20% of the part of the fee calculated under paragraphs (a)–(d) that relates to the work that occurred outside those hours.\n> \n> > (2) The maximum fee that may be charged for the salvage of a light motor vehicle that has been stolen and has not been involved in an accident and is not salvage from a road or road related area is—\n> > \n> > > (a) $0 for the first 30 minutes, and\n> > \n> > > (b) 0.62 fee units for each hour or part of an hour that a certified driver is actually involved in the salvage, after the first 30 minutes, and\n> > \n> > > (c) if an assistant is required—0.62 fee units for each hour or part of an hour that the assistant is actually involved in the salvage, and\n> > \n> > > (d) if one or more additional tow trucks are required in the salvage operation—the rate applicable in clause 46 may be charged for each tow truck, and\n> > \n> > > (e) if any part of the salvage work occurs outside the hours between 8 am and 5 pm on any business day, or on a day that is not a business day—an additional 20% of that part of the fee calculated under paragraphs (a)–(d) that relates to the work that occurred outside those hours.","sortOrder":70},{"sectionNumber":"56","sectionType":"section","heading":"Maximum fees for certain salvage of heavy motor vehicles","content":"#### 56 Maximum fees for certain salvage of heavy motor vehicles\n\n56 Maximum fees for certain salvage of heavy motor vehicles\n\n> > (1) The maximum fee that may be charged for the salvage of a heavy motor vehicle involved in an accident that is still at the scene of the accident is—\n> > \n> > > (a) $0 for the first 30 minutes, and\n> > \n> > > (b) 0.88 fee units for each hour or part of an hour that a certified driver is actually involved in the salvage, after the first 30 minutes, and\n> > \n> > > (c) an additional 0.65 fee units for each hour or part of an hour of site administration work involved in arranging the salvage of the motor vehicle or of its load or freight, payable for only one driver for each accident, and\n> > \n> > > (d) if any part of the salvage work or site administration work occurs outside the hours between 8 am and 5 pm on any business day, or on a day that is not a business day—an additional 50% of the part of the fee calculated under paragraphs (a)–(c) that relates to the work that occurred outside those hours, and\n> > \n> > > (e) if any additional equipment is required to complete the salvage and that equipment has been arranged for and paid for by the licensee or certified driver—110% of the cost of the use of that equipment.\n> \n> > (2) For the purposes of determining the time involved in the salvage of a heavy motor vehicle, any time using a tow truck is not to be counted.\n> \n> > (3) Subclause (1) does not prevent a licensee from charging an additional amount for any time spent using oxy-acetylene equipment, an air bag or an air jack for the salvage of a heavy motor vehicle involved in an accident that is still at the scene of the accident.","sortOrder":71},{"sectionNumber":"57","sectionType":"section","heading":"Stand by rate for salvage of heavy motor vehicles","content":"#### 57 Stand by rate for salvage of heavy motor vehicles\n\n57 Stand by rate for salvage of heavy motor vehicles\n\n> The maximum fee that may be charged for standing by to do salvage work involving a heavy motor vehicle is 0.44 fee units for labour only for each hour or part of an hour.","sortOrder":72},{"sectionNumber":"Division 5","sectionType":"division","heading":"Maximum fees for storage of motor vehicles","content":"## Division 5 Maximum fees for storage of motor vehicles\n\nDivision 5 Maximum fees for storage of motor vehicles","sortOrder":73},{"sectionNumber":"58","sectionType":"section","heading":"Storage fees only apply to storage in licensee’s holding yard","content":"#### 58 Storage fees only apply to storage in licensee’s holding yard\n\n58 Storage fees only apply to storage in licensee’s holding yard\n\n> A fee must not be charged for the storage of a motor vehicle damaged as a result of an accident anywhere other than at the licensee’s holding yard.","sortOrder":74},{"sectionNumber":"59","sectionType":"section","heading":"Storage time commences when motor vehicle is registered in holding yard register","content":"#### 59 Storage time commences when motor vehicle is registered in holding yard register\n\n59 Storage time commences when motor vehicle is registered in holding yard register\n\n> For the purposes of determining how long a motor vehicle is stored, storage does not commence until the later of—\n> \n> > (a) the time details of the motor vehicle are recorded in the holding yard register kept under clause 41, or\n> \n> > (b) the time when the motor vehicle is towed into the holding yard.","sortOrder":75},{"sectionNumber":"60","sectionType":"section","heading":"Maximum storage fees for light motor vehicles","content":"#### 60 Maximum storage fees for light motor vehicles\n\n60 Maximum storage fees for light motor vehicles\n\n> > (1) The maximum fee that may be charged for the storage of a light motor vehicle, other than a motorcycle, damaged as a result of an accident, or recovered after being stolen, and that is awaiting collection by the owner or insurer is—\n> > \n> > > (a) for storage within the Sydney metropolitan area—0.26 fee units, or\n> > \n> > > (b) for storage outside the Sydney metropolitan area—0.14 fee units,\n> > \n> > for each 24 hours, or part of 24 hours.\n> \n> > (2) The maximum fee that may be charged for the storage of a motorcycle damaged as a result of an accident, or recovered after being stolen, and that is awaiting collection by the owner or insurer is—\n> > \n> > > (a) for storage within the Sydney metropolitan area—0.1225 fee units, or\n> > \n> > > (b) for storage outside the Sydney metropolitan area—0.07 fee units,\n> > \n> > for each 24 hours, or part of 24 hours.","sortOrder":76},{"sectionNumber":"61","sectionType":"section","heading":"Maximum storage fees for heavy motor vehicles","content":"#### 61 Maximum storage fees for heavy motor vehicles\n\n61 Maximum storage fees for heavy motor vehicles\n\n> > (1) The maximum fee that may be charged for the storage for more than 72 hours of a heavy motor vehicle is 0.97 fee units for each 24 hours, or part of 24 hours, after the first 72 hours.\n> \n> > (2) A fee must not be charged for the storage of a heavy motor vehicle that is awaiting repair at a smash repair business or is awaiting transfer to the holding yard of a smash repair business.","sortOrder":77},{"sectionNumber":"62","sectionType":"section","heading":"Fee must not be charged for relocation of a motor vehicle","content":"#### 62 Fee must not be charged for relocation of a motor vehicle\n\n62 Fee must not be charged for relocation of a motor vehicle\n\n> A fee must not be charged for—\n> \n> > (a) placing a motor vehicle in an easily accessible location in the licensee’s holding yard or holding yards, or\n> \n> > (b) any other relocation of a motor vehicle in the licensee’s holding yard or holding yards, or\n> \n> > (c) the removal of a motor vehicle from a licensee’s holding yard or holding yards, or\n> \n> > (d) the use of the licensee’s own equipment to make a motor vehicle in the licensee’s holding yard or holding yards accessible.","sortOrder":78},{"sectionNumber":"63","sectionType":"section","heading":"Sign must warn customers about storage fees","content":"#### 63 Sign must warn customers about storage fees\n\n63 Sign must warn customers about storage fees\n\n> A licensee must display a clearly visible sign in the licensed operator’s office and the licensee’s holding yard advising of any ongoing fee for storage of motor vehicles damaged as a result of an accident, or recovered after being stolen.\n> \n> Maximum penalty—10 penalty units.\n> \n> **cl 63:** Am 2022 (761), sec 3.","sortOrder":79},{"sectionNumber":"64","sectionType":"section","heading":"Procedure required before storage fees may be charged","content":"#### 64 Procedure required before storage fees may be charged\n\n64 Procedure required before storage fees may be charged\n\n> A fee must not be charged for storage of a motor vehicle damaged as a result of an accident unless the licensee records the details of the motor vehicle in the holding yard register kept under clause 41 in chronological order at the time and on the date the vehicle is towed in or out of the licensee’s holding yard.","sortOrder":80},{"sectionNumber":"65","sectionType":"section","heading":"Fee for access to motor vehicle outside business hours","content":"#### 65 Fee for access to motor vehicle outside business hours\n\n65 Fee for access to motor vehicle outside business hours\n\n> A licensee must not charge the owner of a motor vehicle a fee for providing access outside business hours to a motor vehicle stored at a holding yard unless the licensee has first notified the person of the fee to be charged.\n> \n> Note.\n> \n> Section 20(2)(d1) of the Act makes it a condition of a licence that the licensee must allow the owner of any motor vehicle stored at any holding yard used by the licensee in the course of the licensee’s business to have reasonable access to the motor vehicle, during business hours at no charge to the owner, to collect items from the motor vehicle.","sortOrder":81},{"sectionNumber":"Division 6","sectionType":"division","heading":"Other permissible fees","content":"## Division 6 Other permissible fees\n\nDivision 6 Other permissible fees","sortOrder":82},{"sectionNumber":"66","sectionType":"section","heading":"Maximum fees for travel time for accident towing work and stolen motor vehicle recovery involving heavy vehicles","content":"#### 66 Maximum fees for travel time for accident towing work and stolen motor vehicle recovery involving heavy vehicles\n\n66 Maximum fees for travel time for accident towing work and stolen motor vehicle recovery involving heavy vehicles\n\n> > (1) The same maximum hourly fee as the hourly fee set out in clause 51(a) and (b) may be charged for any time taken to travel from a licensee’s place of business to the scene of an accident and then to the destination specified on the towing authorisation as may be charged for accident towing work involving a heavy motor vehicle, but only if that travel is via the most direct route.\n> \n> > (2) The same maximum hourly fee as the hourly fee set out in clause 52(a) and (b) may be charged for any time taken to travel from a licensee’s place of business to the initial location of a heavy motor vehicle and then to return to the licensee’s place of business as may be charged for stolen heavy motor vehicle recovery, but only if that travel is via the most direct route.","sortOrder":83},{"sectionNumber":"67","sectionType":"section","heading":"Requirements before additional fees may be charged for related services","content":"#### 67 Requirements before additional fees may be charged for related services\n\n67 Requirements before additional fees may be charged for related services\n\n> A fee must not be charged for any service related to towing, salvage or storage of a motor vehicle damaged as a result of an accident, or a recovered stolen motor vehicle, that is not a service for which a maximum amount is prescribed by Divisions 2–5, unless—\n> \n> > (a) the licensee or certified driver provides the owner or driver of the motor vehicle with a written quotation setting out the fee for the service, and\n> \n> > (b) the licensee or certified driver explains the fee to the owner or driver of the motor vehicle before the service for which the charge is to be made is provided, and\n> \n> > (c) the related service involved the use of equipment owned by a person other than the licensee, or the provision of any service by a person other than the licensee, and the fee charged is not more than the licensee was required to pay for that equipment or service, and\n> \n> > (d) the licensee separately identifies and itemises details of the related service in an invoice, and\n> \n> > (e) the licensee ensures that the invoice is accompanied by records (including receipts, invoices, photographs or accounts) that support the charging of the fee, and\n> \n> > (f) the licensee ensures that any invoice, receipt or accounts that support the charge are available on request to the owner of the motor vehicle, the driver of the motor vehicle or an insurer of the motor vehicle before or at the time of settlement of the invoice.","sortOrder":84},{"sectionNumber":"68","sectionType":"section","heading":"GST","content":"#### 68 GST\n\n68 GST\n\n> > (1) A reference in this Part to the maximum fee that may be charged for towing work, salvage or storage does not include any GST payable in respect of the work, salvage or storage.\n> \n> > (2) GST has the same meaning as in the [A New Tax System (Goods and Services Tax) Act 1999](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":85},{"sectionNumber":"Division 7","sectionType":"division","heading":"Fees that are not permitted","content":"## Division 7 Fees that are not permitted\n\nDivision 7 Fees that are not permitted","sortOrder":86},{"sectionNumber":"69","sectionType":"section","heading":"Separate fee must not be charged for fuel","content":"#### 69 Separate fee must not be charged for fuel\n\n69 Separate fee must not be charged for fuel\n\n> A separate fee must not be charged for fuel costs or for payment of any fuel levy.","sortOrder":87},{"sectionNumber":"70","sectionType":"section","heading":"Separate fee must not be charged for moving vehicles between holding yards","content":"#### 70 Separate fee must not be charged for moving vehicles between holding yards\n\n70 Separate fee must not be charged for moving vehicles between holding yards\n\n> A separate fee must not be charged for moving a motor vehicle between approved holding yards of a licensee.","sortOrder":88},{"sectionNumber":"71","sectionType":"section","heading":"Services that must not be charged for separately","content":"#### 71 Services that must not be charged for separately\n\n71 Services that must not be charged for separately\n\n> A separate fee must not be charged (in addition to the maximum fee this Part allows to be charged for towing work) for any of the following done in connection with towing work—\n> \n> > (a) any work involved in cleaning glass or debris from the scene of an accident (except as provided by clauses 45(d) and 51(e)),\n> \n> > (b) any work involved in cleaning a tow truck, including cleaning any fluid leaks or spills from a motor vehicle towed,\n> \n> > (c) any work involved in disconnecting the battery of a motor vehicle towed,\n> \n> > (d) the making of any phone calls, or the doing of any other act, required to secure towing work,\n> \n> > (e) the taking or production of any photographs,\n> \n> > (f) the preparation and sending of any documents relating to a tow (including invoices, towing authorisations and contact details),\n> \n> > (g) work involving notifying the owner of the motor vehicle of applicable storage fees,\n> \n> > (h) any other administration work,\n> \n> > (i) transporting the owner of, or a passenger in, the motor vehicle involved in the relevant accident,\n> \n> > (j) the salvage of the load or freight of any motor vehicle involved in the relevant accident (except as provided by clauses 51(d), 52(d) and 56(1)(c)),\n> \n> > (k) the storage of personal belongings,\n> \n> > (l) the changing of tyres,\n> \n> > (m) the provision or use of a fire extinguisher,\n> \n> > (n) the provision or use of gloves,\n> \n> > (o) any other activities required to undertake towing work,\n> \n> > (p) any other work done as a result of a requirement imposed by the Act or this Regulation.","sortOrder":89},{"sectionNumber":"Division 8","sectionType":"division","heading":"Invoices","content":"## Division 8 Invoices\n\nDivision 8 Invoices","sortOrder":90},{"sectionNumber":"72","sectionType":"section","heading":"Photographs must be attached to certain invoices","content":"#### 72 Photographs must be attached to certain invoices\n\n72 Photographs must be attached to certain invoices\n\n> > (1) It is a condition of a licence or drivers certificate that, if salvage work involving a light motor vehicle damaged as a result of an accident, or a recovered stolen light motor vehicle, exceeds 30 minutes, the licensee or certified driver must attach to an invoice issued by the licensee or certified driver in relation to that work at least 2 photographs, each of which clearly and accurately—\n> > \n> > > (a) shows the scene of the accident or the position of the motor vehicle being salvaged before any towing work or salvage work commenced, and\n> > \n> > > (b) displays on the photograph the time and date on which each photograph was taken.\n> \n> > (2) It is a condition of a licence or drivers certificate that if towing work or salvage work involving a heavy motor vehicle damaged as a result of an accident, or a recovered stolen heavy motor vehicle, is carried out, the licensee or certified driver must attach to an invoice issued by the licensee or certified driver in relation to that work at least 2 photographs, each of which clearly and accurately—\n> > \n> > > (a) shows the scene of the accident or the position of the heavy motor vehicle being salvaged before any towing work or salvage work has commenced, and\n> > \n> > > (b) displays on the photograph the time and date on which each photograph was taken.","sortOrder":91},{"sectionNumber":"Part 6","sectionType":"part","heading":"Other offences and requirements","content":"# Part 6 Other offences and requirements\n\nPart 6 Other offences and requirements","sortOrder":92},{"sectionNumber":"73","sectionType":"section","heading":"Offence to incite or encourage commission of offence","content":"#### 73 Offence to incite or encourage commission of offence\n\n73 Offence to incite or encourage commission of offence\n\n> A person must not—\n> \n> > (a) incite or encourage any other person to commit an offence under the Act or this Regulation, or\n> \n> > (b) offer any inducement to another person that is likely to result in the other person committing an offence under the Act or this Regulation.\n> \n> Maximum penalty—50 penalty units.","sortOrder":93},{"sectionNumber":"74","sectionType":"section","heading":"Misuse of licences and drivers certificates","content":"#### 74 Misuse of licences and drivers certificates\n\n74 Misuse of licences and drivers certificates\n\n> A person must not—\n> \n> > (a) forge or fraudulently alter a licence or drivers certificate (whether or not the licence or drivers certificate is in force), or\n> \n> > (b) give possession of a licence or drivers certificate to another person for the purpose of using the licence or drivers certificate unlawfully, or\n> \n> > (c) steal a licence or drivers certificate, or\n> \n> > (d) knowingly have possession of a forged, fraudulently altered, borrowed or stolen licence or drivers certificate.\n> \n> Maximum penalty—50 penalty units.","sortOrder":94},{"sectionNumber":"75","sectionType":"section","heading":"Lost or stolen licences and drivers certificates","content":"#### 75 Lost or stolen licences and drivers certificates\n\n75 Lost or stolen licences and drivers certificates\n\n> > (1) A licensee or certified driver must notify the Secretary in writing as soon as practicable if the licensee’s licence or the certified driver’s drivers certificate has been lost, stolen, damaged, destroyed, altered or defaced.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) A licensee or certified driver must as soon as practicable return the damaged, altered or defaced licence or drivers certificate to the Secretary.\n> > \n> > Maximum penalty—20 penalty units.","sortOrder":95},{"sectionNumber":"76","sectionType":"section","heading":"Tow truck equipment","content":"#### 76 Tow truck equipment\n\n76 Tow truck equipment\n\n> > (1) It is a condition of a licence that each tow truck operated under the authority of the licence must be fitted with the following equipment—\n> > \n> > > (a) a flashing or rotating warning light that is maintained in good working order,\n> > \n> > > (b) fully adjustable mounted lights maintained in good working order to enable the safe loading and unloading of motor vehicles onto or from the tow truck when it is dark.\n> \n> > (2) It is a condition of a licence that each tow truck operated under the authority of the licence to do accident towing must be equipped with—\n> > \n> > > (a) a broom, shovel and durable rubbish container for the efficient removal of accident debris, and\n> > \n> > > (b) a fire extinguisher that is of at least 4.5 kg capacity and that is maintained in a serviceable condition.\n> \n> > (3) In this clause—\n> > \n> > broom means a brush or similar implement consisting of bristles, nylon or twigs attached to a handle at least 1 metre long.\n> > \n> > shovel means an implement consisting of a broad metal blade or scoop attached to a handle at least 1 metre long and designed for taking up and removing loose matter (including, for example, earth, snow, coal and rubble).","sortOrder":96},{"sectionNumber":"77","sectionType":"section","heading":"Particulars to be displayed on tow trucks","content":"#### 77 Particulars to be displayed on tow trucks\n\n77 Particulars to be displayed on tow trucks\n\n> A person must not drive, stand or operate a tow truck, or allow a tow truck that is being operated under the authority of a licence to be driven, stood or operated, unless the following details are printed in block letters and figures measuring approximately 50 mm high on the right-hand or off-side of the tow truck and so they are clearly legible—\n> \n> > (a) the name of the person who is the licensee holding the licence under which the tow truck is operated,\n> \n> > (b) the licence number.\n> \n> Maximum penalty—10 penalty units.","sortOrder":97},{"sectionNumber":"78","sectionType":"section","heading":"Inspection of tow trucks","content":"#### 78 Inspection of tow trucks\n\n78 Inspection of tow trucks\n\n> > (1) The Secretary or an authorised officer may, by notice in writing given to a tow truck operator (an inspection notice), require the tow truck operator to produce a specified tow truck under the operator’s control for inspection by a person authorised by the Secretary.\n> \n> > (2) The tow truck operator must comply with the requirement.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (3) An inspection notice must—\n> > \n> > > (a) specify the time and place for the inspection of the tow truck, and\n> > \n> > > (b) allow at least 24 hours from the time the notice is given for the tow truck operator to comply with the requirement.\n> \n> > (4) The person authorised by the Secretary to carry out the inspection of the tow truck is, following the inspection, to provide the tow truck operator with an assessment notice.\n> \n> > (5) The assessment notice may—\n> > \n> > > (a) require the carrying out of such repairs or modifications as are specified in the notice, and\n> > \n> > > (b) require those repairs or modifications to be completed within a specified period.\n> \n> > (6) The tow truck operator must comply with any such requirement.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (7) The tow truck operator must provide the Secretary with the following—\n> > \n> > > (a) a copy of the assessment notice within 24 hours of receiving it from the person who carried out the inspection,\n> > \n> > > (b) within 24 hours of completing any repairs or modifications required by the assessment notice—a certificate, in the approved form, declaring that the repairs or modifications have been completed.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (8) Any costs associated with the inspection of a tow truck under this clause, or with the carrying out of any repairs or modifications of a tow truck, are to be paid by the tow truck operator.","sortOrder":98},{"sectionNumber":"79","sectionType":"section","heading":"Tow truck number-plates to be visible while towing","content":"#### 79 Tow truck number-plates to be visible while towing\n\n79 Tow truck number-plates to be visible while towing\n\n> If any number-plate issued under section 57 of the Act in respect of a tow truck is likely to be obscured by a motor vehicle that is to be towed by the tow truck, the driver of the tow truck must ensure that the number-plate is—\n> \n> > (a) displayed at the rear of the towed vehicle, or\n> \n> > (b) displayed in another manner so that it remains clearly visible.\n> \n> Maximum penalty—10 penalty units.","sortOrder":99},{"sectionNumber":"80","sectionType":"section","heading":"Conduct and duties","content":"#### 80 Conduct and duties\n\n80 Conduct and duties\n\n> > (1) This clause applies to the following persons—\n> > \n> > > (a) a certified driver,\n> > \n> > > (b) a licensee,\n> > \n> > > (c) an operator holding an exemption certificate,\n> > \n> > > (d) a person employed by an operator holding an exemption certificate.\n> \n> > (2) A person to whom this clause applies must—\n> > \n> > > (a) behave in an orderly manner and with civility and propriety while—\n> > > \n> > > > (i) standing, using or operating a tow truck, or\n> > > \n> > > > (ii) attending the scene of a motor vehicle accident, or\n> > > \n> > > > (iii) complying with a requirement under paragraph (b) or (c), or\n> > > \n> > > > (iv) at any other time in the conduct of towing work or towing operations, and\n> > \n> > > (b) comply with any reasonable requirement made of the person by an authorised officer or police officer in relation to the administration of the Act or this Regulation, and\n> > \n> > > (c) comply with any reasonable requirement made of the person by a member of staff of the Ambulance Service of NSW (within the meaning of section 67A of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154)), or an emergency services officer (within the meaning of section 32A of the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165)), who is attending the scene of a motor vehicle accident.\n> > \n> > Maximum penalty (in relation to a person referred to in subclause (1)(a)–(c))—50 penalty units.","sortOrder":100},{"sectionNumber":"81","sectionType":"section","heading":"Licensee required to keep certain records of non-accident towing work","content":"#### 81 Licensee required to keep certain records of non-accident towing work\n\n81 Licensee required to keep certain records of non-accident towing work\n\n> > (1) A licensee must make a record of the following matters in relation to each occasion on which a licensed tow truck is used or operated by a relevant tow truck driver for any towing work other than accident towing work—\n> > \n> > > (a) the time and date on which a motor vehicle is towed,\n> > \n> > > (b) details of where the motor vehicle is towed from and the destination of the tow,\n> > \n> > > (c) the make, model and colour of the motor vehicle, and the following identification details—\n> > > \n> > > > (i) the registration number of the motor vehicle,\n> > > \n> > > > (ii) if the motor vehicle does not have a registration number—the vehicle’s VIN,\n> > > \n> > > > (iii) if the motor vehicle does not have a VIN—the chassis number or the engine number (if any) of the vehicle,\n> > \n> > > (d) the name and contact details of the person who arranged for the motor vehicle to be towed,\n> > \n> > > (e) the name and contact details of any person who takes possession of the towed motor vehicle at the destination of the tow,\n> > \n> > > (f) details of any charges made by the licensee in relation to the tow.\n> > \n> > Note.\n> > \n> > Section 60 of the Act also requires certain information to be recorded by a licensee on each occasion on which a licensed tow truck is used or operated by a tow truck driver for accident towing work.\n> \n> > (2) Any such record must—\n> > \n> > > (a) be in the approved form, and\n> > \n> > > (b) include particulars of the name and business address of the licensee, and\n> > \n> > > (c) be completed in the approved manner and as soon as practicable in relation to each occasion on which the licensed tow truck is used or operated.\n> \n> > (3) The licensee must keep the record at the licensee’s place of business for at least 5 years after the information is recorded.\n> \n> > (4) If the licence is revoked or suspended or otherwise ceases to be in force, the licensee must give the Secretary any records kept in accordance with this clause.\n> \n> > (5) The licensee must, on request by an authorised officer or police officer, give the officer the name and address of any tow truck driver whose services have been or are being used by the licensee.\n> \n> > (6) In this clause, relevant tow truck driver means a tow truck driver who is employed or engaged by the licensee or whose services are otherwise used by the licensee.\n> \n> Maximum penalty—50 penalty units.","sortOrder":101},{"sectionNumber":"82","sectionType":"section","heading":"Records relating to charges","content":"#### 82 Records relating to charges\n\n82 Records relating to charges\n\n> > (1) It is a condition of a licence that a licensee must, in accordance with this clause, make and keep a fully itemised record of the charges made by the licensee in relation to each motor vehicle that is towed under the authority of the licence.\n> \n> > (2) Each such record must provide details justifying the amounts charged in relation to the towing, salvage or storage concerned.\n> \n> > (3) The licensee must—\n> > \n> > > (a) keep a copy of the record at the licensee’s place of business for at least 5 years after it is completed, and\n> > \n> > > (b) keep any document or material that justifies the charging of a particular amount, and\n> > \n> > > (c) produce any such record or related document for inspection by an authorised officer or police officer if requested to do so, and\n> > \n> > > (d) permit the person to whom the record or related document is produced to make copies of, or take extracts from, the record or document or remove the record or document for the purposes of evidence.\n> > \n> > Maximum penalty—15 penalty units.\n> \n> > (4) On expiry, cancellation or surrender of a licence, the former licensee must give to the Secretary any records or documents kept in accordance with this clause.\n> > \n> > Maximum penalty—50 penalty units.","sortOrder":102},{"sectionNumber":"83","sectionType":"section","heading":"Invoices","content":"#### 83 Invoices\n\n83 Invoices\n\n> > (1) A licensee, or a person acting on behalf of a licensee, must include the following in any invoice for towing work—\n> > \n> > > (a) the name of the licensee as shown in the licensee’s licence,\n> > \n> > > (b) the business name (if any) of the licensee and the relevant ABN,\n> > \n> > > (c) the name of the person to whom the invoice is issued,\n> > \n> > > (d) a description of the towing work to which the invoice relates,\n> > \n> > > (e) such fees (in itemised form) as are charged by the licensee in relation to the following—\n> > > \n> > > > (i) any salvage relating to the relevant vehicle,\n> > > \n> > > > (ii) the towing of the relevant vehicle,\n> > > \n> > > > (iii) any storage of the relevant vehicle,\n> > \n> > > (f) any other fee charged by the licensee in relation to the vehicle, fully described and set out in itemised form.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) A licensee must not request or require payment of a fee charged in relation to towing work unless a copy of the invoice for the work is given to the person to whom the invoice is issued.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (3) A person must not include any matter that the person knows to be false or misleading in a material particular in an invoice for any towing work.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (4) A licensee must—\n> > \n> > > (a) keep at the licensee’s place of business (as specified in the licence) a copy of each invoice issued by, or on behalf of, the licensee for a period of 5 years after the issue of the invoice, and\n> > \n> > > (b) on request by an authorised officer or police officer within that period of 5 years, produce for inspection the copy of the invoice, and\n> > \n> > > (c) allow the person to whom the copy is produced to take extracts from, or to make copies of, the invoice or to remove the invoice for the purposes of producing the extract, copy or invoice as evidence in any proceedings.\n> > \n> > Maximum penalty—20 penalty units.","sortOrder":103},{"sectionNumber":"84","sectionType":"section","heading":"Disposal of unclaimed motor vehicles","content":"#### 84 Disposal of unclaimed motor vehicles\n\n84 Disposal of unclaimed motor vehicles\n\n> > (1) This clause applies to a motor vehicle that—\n> > \n> > > (a) has been towed to a holding yard of a licensee, and\n> > \n> > > (b) is being held by the licensee.\n> \n> > (2) The licensee may take action, in accordance with this clause, to sell or otherwise lawfully dispose of the vehicle if—\n> > \n> > > (a) for a motor vehicle with a value at the time of disposal of the motor vehicle of—\n> > > \n> > > > (i) less than $3,000—the licensee has held the motor vehicle for more than 28 days, or\n> > > \n> > > > (ii) $3,000 or more—the licensee has held the motor vehicle for more than 6 months, and\n> > \n> > > (b) the owner or an agent of the owner of the motor vehicle has not paid the applicable storage fees, if any, and\n> > \n> > > (c) the owner or an agent of the owner has not contacted the licensee to arrange for the delivery, collection or continued storage of the motor vehicle.\n> \n> > (3) The licensee must give the owner of the motor vehicle written notice of the licensee’s intention to dispose of the motor vehicle.\n> \n> > (4) However, the licensee is not required to notify the owner if the licensee is, after making all reasonable inquiries, unable to identify or locate the owner.\n> \n> > (5) If the owner fails to arrange for the collection of the motor vehicle within 28 days of the notice being given to the owner, the licensee may dispose of the vehicle.\n> \n> > (6) If the motor vehicle is sold and the owner of the vehicle subsequently makes a claim in respect of the vehicle, the licensee is to refund to the owner the difference (if any) between the amount for which the vehicle was sold and the amount of money payable to the licensee by the owner in respect of the towing and storage of the vehicle (including all the costs incurred by the licensee in connection with this clause).\n> \n> > (7) A licensee must not dispose of the motor vehicle unless the Commissioner of Police has issued the licensee with a certificate to the effect that the vehicle is not for the time being stolen.\n> \n> > (8) A licensee is not liable for any damages arising out of the disposal of a motor vehicle to which this clause applies.\n> \n> > (9) A licensee who disposes of a motor vehicle under this clause must, within 7 days after the disposal, make a record that includes the following details—\n> > \n> > > (a) the date on which the motor vehicle was disposed of,\n> > \n> > > (b) the manner in which the motor vehicle was disposed of,\n> > \n> > > (c) if the motor vehicle was sold—\n> > > \n> > > > (i) the name and address of the person to whom the motor vehicle was sold, and\n> > > \n> > > > (ii) the amount for which it was sold,\n> > \n> > > (d) the make, model, type and colour of the motor vehicle, and the following identification details—\n> > > \n> > > > (i) the registration number of the vehicle,\n> > > \n> > > > (ii) the vehicle’s VIN,\n> > > \n> > > > (iii) the chassis number (if any) of the vehicle,\n> > > \n> > > > (iv) the engine number (if any) of the vehicle.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (10) A record made in accordance with subclause (9) must be kept for at least 5 years after it is made.\n> > \n> > Maximum penalty—20 penalty units.","sortOrder":104},{"sectionNumber":"85","sectionType":"section","heading":"Prohibited tow trucks","content":"#### 85 Prohibited tow trucks\n\n85 Prohibited tow trucks\n\n> > (1) Subject to subclause (2), one-tonne tow trucks are prescribed as a class of prohibited tow truck for the purposes of section 56 of the Act.\n> \n> > (2) A one-tonne tow truck operated under the authority of a licence is not a prohibited tow truck if the Secretary has approved its use and operation as a condition of the licence.\n> \n> > (3) In this clause—\n> > \n> > one-tonne tow truck means any tow truck that does not comply with the following requirements—\n> > \n> > > (a) a load capacity of at least 1.2 tonnes,\n> > \n> > > (b) a lifting apparatus with a safe working load of one tonne or more,\n> > \n> > > (c) capacity to tow vehicles that exceed 2 tonnes.","sortOrder":105},{"sectionNumber":"86","sectionType":"section","heading":"Stand-by tow trucks","content":"#### 86 Stand-by tow trucks\n\n86 Stand-by tow trucks\n\n> > (1) If a licensed tow truck is temporarily out of operation while undergoing repair or service, the licensee concerned may, with the approval of the Secretary, use and operate a tow truck not specified in the licence (a stand-by tow truck).\n> \n> > (2) The licensee may apply to the Secretary for approval of the use and operation of the stand-by tow truck. The application must be made at least 72 hours (or another time approved by the Secretary) before the stand-by tow truck is used and operated in place of the licensed tow truck specified in the application.\n> \n> > (3) The Secretary may approve the use and operation of a stand-by tow truck only if satisfied the following requirements will be complied with—\n> > \n> > > (a) the number-plate issued under section 57 of the Act to the licensed tow truck that is being replaced must be displayed on the stand-by tow truck,\n> > \n> > > (b) the stand-by tow truck must be registered within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) and display its registration number-plates,\n> > \n> > > (c) the stand-by tow truck must comply with the requirements of the Act and this Regulation, and with the conditions of the licence concerned, in relation to tow trucks,\n> > \n> > > (d) an approved sign must be displayed in the approved manner on the stand-by tow truck indicating that the tow truck is a stand-by tow truck.\n> \n> > (4) A licensee who is using or operating a stand-by tow truck must—\n> > \n> > > (a) ensure that the requirements specified in subclause (3) are complied with, and\n> > \n> > > (b) maintain a record, in the approved form, of the use and operation of the stand-by tow truck and keep that record in the approved manner.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (5) A person must not hire, lease or supply a tow truck to a licensee for use and operation as a stand-by tow truck without the approval of the Secretary.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (6) An approval to use and operate a stand-by tow truck may only be given if an application is made to the Secretary in the approved form and manner.\n> \n> > (7) While a stand-by tow truck is being used and operated in place of a licensed tow truck in accordance with this clause, the stand-by tow truck is taken to be a licensed tow truck for the purposes of the Act and this Regulation.","sortOrder":106},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous provisions","content":"# Part 7 Miscellaneous provisions\n\nPart 7 Miscellaneous provisions","sortOrder":107},{"sectionNumber":"87","sectionType":"section","heading":"Application fees","content":"#### 87 Application fees\n\n87 Application fees\n\n> > (1) The fees payable for the purposes of the Act are listed in Column 5 of Part 1 of Schedule 2.\n> \n> > (2) The amount of each fee is to be calculated by adding together the various components set out in Columns 3 and 4 of Part 1 of Schedule 2 in relation to that fee. The total fee is set out in Column 5 of Part 1 of that Schedule.\n> \n> > (3) An amount specified in relation to an application fee in Column 4 of Part 1 of Schedule 2 under the heading “**Processing component**” is taken to be a fee to cover the costs incurred by the Secretary in processing the application.\n> > \n> > Note.\n> > \n> > This amount is consequently a processing fee for the purposes of Part 2 of the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028). If an application is made by electronic communication, the processing fee is discounted (see section 13 of that Act). If an application is refused or withdrawn, the applicant is entitled to a refund of all fees paid, other than the processing fee (see section 22 of that Act).","sortOrder":108},{"sectionNumber":"88","sectionType":"section","heading":"Exemption relating to interstate tow truck drivers and operators","content":"#### 88 Exemption relating to interstate tow truck drivers and operators\n\n88 Exemption relating to interstate tow truck drivers and operators\n\n> > (1) A person who holds a licence, permit or other authority issued under the law of another State or Territory that authorises the person to drive or operate a tow truck in that State or Territory is exempt from the requirements under the Act to hold a licence or drivers certificate.\n> \n> > (2) The exemption does not apply to or in respect of any towing work if the towing of the vehicle concerned starts in this State.\n> \n> > (3) This clause does not affect any entitlement, under the [Mutual Recognition (New South Wales) Act 1992](/view/html/inforce/current/act-1992-061), of a person who holds a licence, permit or other authority issued under the law of another State or Territory to drive or operate a tow truck (including in respect of the towing of a vehicle that starts in this State) without holding a licence or drivers certificate under the [Tow Truck Industry Act 1998](/view/html/inforce/current/act-1998-111).","sortOrder":109},{"sectionNumber":"89","sectionType":"section","heading":"Exemption relating to towing of recreational vehicles","content":"#### 89 Exemption relating to towing of recreational vehicles\n\n89 Exemption relating to towing of recreational vehicles\n\n> > (1) In accordance with section 4(2)(b) of the Act, motor vehicles used or operated for the purposes of towing a recreational vehicle in the following circumstances are declared not to be tow trucks for the purposes of the Act—\n> > \n> > > (a) the recreational vehicle is being transported to or from a trade show within the State,\n> > \n> > > (b) the recreational vehicle is being transported to, from or between suppliers, manufacturers or dealers within the State or from another State or Territory,\n> > \n> > > (c) the recreational vehicle is being transported to or from a motor vehicle repairer.\n> \n> > (2) For the purposes of this clause—\n> > \n> > recreational vehicle includes camper trailers, campervans, caravans, fifth wheelers, motor homes, pop-top caravans and tent trailers.","sortOrder":110},{"sectionNumber":"90","sectionType":"section","heading":"Exemption from requirement to hold drivers certificate for mechanic in course of repairing a tow truck","content":"#### 90 Exemption from requirement to hold drivers certificate for mechanic in course of repairing a tow truck\n\n90 Exemption from requirement to hold drivers certificate for mechanic in course of repairing a tow truck\n\n> > (1) For the purposes of section 6(3) of the Act, a licensed mechanic who drives a tow truck is exempt from the requirements relating to drivers certificates in the following circumstances—\n> > \n> > > (a) in the course of inspecting or assessing a tow truck to determine the nature and extent of repair work to be undertaken on the tow truck, or\n> > \n> > > (b) in the course of assessing a tow truck for safety purposes or roadworthiness, and\n> > \n> > > (c) where that inspection or assessment is performed within 5 kilometres of any licensed place of business of the motor vehicle repairer by whom the licensed mechanic is employed and with whom the agreement for repair work is in place.\n> \n> > (2) The exemption is subject to the following conditions—\n> > \n> > > (a) the licensed mechanic must not perform an inspection or assessment at the scene of an accident,\n> > \n> > > (b) the licensed mechanic must produce their tradesperson’s certificate to an authorised officer or police officer on request.\n> \n> > (3) A licensed mechanic is guilty of an offence if the mechanic contravenes a condition of an exemption.\n> > \n> > Maximum penalty (subclause (2)(a))—50 penalty units.\n> > \n> > Maximum penalty (subclause (2)(b))—15 penalty units.\n> \n> > (4) In this clause—\n> > \n> > licensed mechanic means the holder of a relevant tradesperson’s certificate or another suitably qualified person as described in section 16(1) of the [Motor Dealers and Repairers Act 2013](/view/html/inforce/current/act-2013-107).\n> > \n> > motor vehicle repairer has the meaning given by section 6 of the [Motor Dealers and Repairers Act 2013](/view/html/inforce/current/act-2013-107).\n> > \n> > repair work has the meaning given by section 6 of the [Motor Dealers and Repairers Act 2013](/view/html/inforce/current/act-2013-107).","sortOrder":111},{"sectionNumber":"91","sectionType":"section","heading":"Exemption for medical reasons","content":"#### 91 Exemption for medical reasons\n\n91 Exemption for medical reasons\n\n> > (1) For the purposes of section 6(3) of the Act, a certified driver is exempt from section 32 of the Act relating to the suspension of the certified driver’s driver licence if the driver licence of the certified driver is suspended (or otherwise ceases to be in force) under clause 65(1)(b) or (7) of the [Road Transport (Driver Licensing) Regulation 2017](/view/html/inforce/current/sl-2017-0450) in relation to illness, incapacity or a medical condition.\n> \n> > (2) If subclause (1) applies—\n> > \n> > > (a) the drivers certificate is suspended for the duration of the suspension of the driver licence, and\n> > \n> > > (b) the suspension of the drivers certificate ceases when the suspension of the driver licence ceases and the driver has been deemed medically fit to drive.","sortOrder":112},{"sectionNumber":"92","sectionType":"section","heading":"Exemption for expired driver licence","content":"#### 92 Exemption for expired driver licence\n\n92 Exemption for expired driver licence\n\n> > (1) For the purposes of section 6(3) of the Act, a certified driver is exempt from section 32 of the Act relating to the expiry of their driver licence (as ascertained under clause 61 of the [Road Transport (Driver Licensing) Regulation 2017](/view/html/inforce/current/sl-2017-0450)).\n> \n> > (2) If subclause (1) applies—\n> > \n> > > (a) the drivers certificate is suspended from the expiry date until the licence is renewed under clause 63 of that Regulation, and\n> > \n> > > (b) the suspension of the drivers certificate ceases when the driver licence is renewed.","sortOrder":113},{"sectionNumber":"93","sectionType":"section","heading":"Exemption of certain motor vehicles","content":"#### 93 Exemption of certain motor vehicles\n\n93 Exemption of certain motor vehicles\n\n> For the purposes of section 6A(f) of the Act, the Act does not apply to the towing, salvage or storage of a motor vehicle or a class of motor vehicles listed in Schedule 1.","sortOrder":114},{"sectionNumber":"94","sectionType":"section","heading":"Secretary’s power to waive, reduce, postpone or refund fees","content":"#### 94 Secretary’s power to waive, reduce, postpone or refund fees\n\n94 Secretary’s power to waive, reduce, postpone or refund fees\n\n> The Secretary may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the Secretary is satisfied it is appropriate because—\n> \n> > (a) the person who is to pay or has paid the fee is suffering financial hardship, or\n> \n> > (b) special circumstances exist.\n> \n> Example of ‘special circumstances’—\n> \n> circumstances involving a natural disaster or recovery from a natural disaster","sortOrder":115},{"sectionNumber":"95","sectionType":"section","heading":"Repeal and savings","content":"#### 95 Repeal and savings\n\n95 Repeal and savings\n\n> > (1) The [Tow Truck Industry Regulation 2008](/view/html/repealed/current/sl-2008-0366) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Tow Truck Industry Regulation 2008](/view/html/repealed/current/sl-2008-0366), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":116},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Exempt motor vehicles","content":"# Schedule 1 Exempt motor vehicles\n\nSchedule 1 Exempt motor vehicles\n\n(Clause 93)","sortOrder":117},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Fees","content":"# Schedule 2 Fees\n\nSchedule 2 Fees","sortOrder":120},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 3 Penalty notice offences\n\nSchedule 3 Penalty notice offences\n\n| Column 1 | Column 2 |\n| Offence | Penalty |\n| Offences under the Act |\n| Section 15 | $2,200 |\n| Section 23 | $1,100 |\n| Section 37(1) | $550 |\n| Section 49(1) | $1,100 |\n| Section 49A(1) | $440 |\n| Section 50(1) | $1,100 |\n| Section 51 | $1,100 |\n| Section 53 | $1,100 |\n| Section 56(1) | $2,200 |\n| Section 57(2) | $550 |\n| Section 58 | $1,100 |\n| Section 59 | $1,100 |\n| Section 60 | $1,100 |\n| Section 61(1) | $550 |\n| Section 61(2) | $2,200 |\n| Section 61(3) | $1,100 |\n| Section 62(1) | $1,100 |\n| Section 63(1) | $1,100 |\n| Section 64 | $2,200 |\n| Section 65 | $220 |\n| Section 66(1) | $1,100 |\n| Section 67 | $1,100 |\n| Section 68 | $1,100 |\n| Section 69 | $550 |\n| Section 70 | $550 |\n| Section 71 | $1,100 |\n| Section 72(1) | $1,650 |\n| Section 72(2) | $550 |\n| Section 73 | $550 |\n| Section 74 | $1,100 |\n| Section 75 | $1,100 |\n| Offences under this Regulation |\n| Clause 20 | $440 |\n| Clause 21(3) | $550 |\n| Clause 31 | $1,100 |\n| Clause 35(2), (4), (5), (6), (8) or (9) | $1,100 |\n| Clause 36(2) | $550 |\n| Clause 36(3), (4) or (5) | $335 |\n| Clause 37(1) or (2) | $440 |\n| Clause 38(1) or (4) | $550 |\n| Clause 63 | $220 |\n| Clause 74(c) | $1,100 |\n| Clause 75(1) | $220 |\n| Clause 75(2) | $440 |\n| Clause 78(2), (6) or (7) | $440 |\n| Clause 79(a) or (b) | $220 |\n| Clause 80(2) | $1,100 |\n| Clause 81(1), (2), (3), (4) or (5) | $1,100 |\n| Clause 82(3) | $335 |\n| Clause 82(4) | $1,100 |\n| Clause 83(1) or (2) | $220 |\n| Clause 83(4) | $440 |\n| Clause 84(9) | $220 |\n| Clause 84(10) | $440 |\n| Clause 86(4) or (5) | $440 |\n| Clause 90(3)—in relation to a contravention of the condition referred to in clause 90(2)(a) | $1,100 |\n| Clause 90(3)—in relation to a contravention of the condition referred to in clause 90(2)(b) | $335 |","sortOrder":128}],"analysis":{"summary":{"name":"Tow Truck Industry Regulation 2020","slug":"tow-truck-industry-regulation-2020","title_id":"nsw:sl-2020-0288","version_id":176420,"analysis_type":"summary","content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"Whole regulation — in force NSW subordinate legislation governing the tow truck industry, commenced 1 July 2020."},"complexity_factors":["Detailed fee schedule with different rates for light vs heavy vehicles and tow truck classifications","Towing authorisation system for accident scene management","Separate exemption regime for scrap metal towing","Holding yard access and storage requirements","Interaction with Road Transport Act 2013 for vehicle mass definitions"],"plain_english_summary":"The Tow Truck Industry Regulation 2020 (NSW) is the principal subordinate legislation under the Tow Truck Industry Act 1998 (NSW). It prescribes detailed requirements for licensing, driver certification, towing authorisations at accident scenes, holding yard operations, and the maximum fees that may be charged for towing and related services.\n\nThe Regulation has five substantive Parts. Part 2 covers licences and drivers' certificates, including application procedures, vehicle standards, the exemption for persons who tow scrap metal, and general requirements for licensees and certified drivers (including protective clothing obligations and equipment requirements). Part 3 governs towing authorisations, which are the clearances issued at accident scenes that specify which tow truck may attend. Part 4 deals with holding yards — the premises where towed vehicles are stored — including access obligations for vehicle owners. Part 5 is one of the most practically significant: it sets maximum fees for towing, salvage, and storage services for motor vehicles involved in accidents or stolen. Separate fee schedules apply to light vehicles (under 4.5 tonnes GVM) and heavy vehicles (over 4.5 tonnes GVM), with further classification by tow truck class for heavy vehicle work. Schedule 2 sets out fee amounts as fee units.\n\nThe maximum fee regime in Part 5 applies only to accident/theft towing, not to breakdown towing. Car carriers (without lifting devices for loading) are declared not to be tow trucks for the purposes of the Act.\n\nThe Regulation commenced on 1 July 2020, replacing the 2008 Regulation."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Regulation repeals and replaces the previous 2008 Regulation (cl 2; cl 95(1)) but expressly provides that acts, matters or things that had effect under the 2008 Regulation continue to have effect under this Regulation (cl 95(2)). The text therefore preserves the regulatory framework and continues prior operational effects while updating procedural, definitional and fee-detail provisions (see Parts 2–5 and Schedule 2)."},"complexity_factors":["Extensive cross-referencing to the Act and other Acts (Act, Road Transport Act, Scrap Metal Industry Act, etc.) creating interpretation dependencies (cl 3, cl 4, numerous cross-references).","Detailed fee schedules with multiple dimensions (vehicle class, truck class, distance, time-of-day surcharges, extra equipment, stand-by and storage rules) and CPI-indexed fee unit calculation (Part 5; Schedule 2; Part 3 cl 2).","Multiple exemption pathways and tightly specified conditions (scrap metal exemptions, interstate exemptions, recreational vehicle transport, mechanic exemptions) each with their own operational conditions (cl 21–28, cl 88–90).","Significant administrative discretion vested in the Secretary (application processing, refusals, exemptions, fee waivers, approvals for stand-by trucks, security exemptions) across many clauses (cl 5–7, 23–25, 38(2), 86, 94).","Numerous compulsory record-keeping, retention, disclosure and production obligations (towing authorisations, holding yard registers, invoices, photographs) with differing retention periods and production requirements (cl 21(2)(l)–(o); cl 36–37; cl 41; cl 72–83).","Layered offences and penalties with both maximum penalties in the text and a separate penalty-notice schedule specifying fixed penalty amounts (cl 20, cl 34, cl 73–75; Schedule 3).","Operational detail (equipment standards, truck markings, physical security requirements) imposes capital and maintenance compliance as well as procedural obligations (cl 38, cl 76–77).","Geographic differentiation (Sydney metropolitan area vs. other areas) affecting fee triggers and rates (cl 44, cl 45–47)."],"plain_english_summary":"## What this Regulation does (mechanically)\n\n- Names and commencement: establishes the Tow Truck Industry Regulation 2020 and takes effect from 1 July 2020; it repeals and replaces the 2008 Regulation while preserving prior effects (cl 1–2; cl 95(1)–(2)).\n\n- Definitions and scope: sets definitions used throughout the Regulation (cl 3) and clarifies what counts as \"tow\" and which vehicles are not tow trucks (car carriers; cl 4). Schedule 1 lists classes of motor vehicles that are exempt from parts of the Act (cl 93 and Schedule 1).\n\n- Licensing and driver certificates: details procedural and documentary requirements for licence and drivers certificate applications (Secretary may require further documents and may refuse to determine applications until they are provided; cl 5, 12). It makes payment of application and licence fees a precondition to processing or grant (cl 6, 13, 8, 17). The Secretary has specific discretionary refusal grounds tied to criminal history, safety concerns, incomplete or false applications, and close-associates’ histories (cl 7, 14). The Regulation prescribes licence and drivers certificate conditions (including insurance and compliance with a protective clothing policy) and allows fees for variation applications (cl 9, 16, 18).\n\n- Exemptions for scrap-metal tow operators: creates an exemption pathway so tow‑truck businesses that only collect vehicles for registered scrap metal businesses can operate without holding a licence or drivers certificate if they meet detailed operational and record-keeping conditions (Division 4: cl 21–28). The Secretary issues exemption certificates and approved signs (cl 23). Exemptions last 2 years unless specified otherwise (cl 25).\n\n- Towing authorisations and on-scene procedures: prescribes the form, handling and record-keeping for towing authorisations and towing notices, including when a towing authorisation is not required (authorised officer direction), who may give authorisations, and obligations on the person who obtains the authorisation (cl 29–37). It requires written quotations, disclosure of rights to the person authorising a tow, and places limits on who may remain at an accident scene (cl 30–36). False or misleading entries are penalised (cl 34).\n\n- Holding yards and physical security: requires holding yards to be fenced (min. 2 m), have gates and locks, floodlighting and CCTV or monitored alarms (cl 38), and obliges licensees to maintain holding yard registers with specified vehicle and movement particulars and to update records within 24 hours (cl 38, 41). Some operators (heavy vehicle operators, scrap-metal operators, non-accident-only operators) are not required to maintain a holding yard (cl 42).\n\n- Fees and fee caps for towing, salvage and storage: sets maximum fees licensees or certified drivers may charge for accident towing, stolen-vehicle recovery, subsequent tows, salvage and storage, broken down by vehicle weight class, truck class, distance, time of day surcharges, debris/cleanup charges and additional equipment costs (Part 5, Divisions 2–5; cl 45–66). It prohibits separate charges for certain items (fuel, moving between holding yards, many routine tasks) (cl 69–71). Fees are expressed in fee units; the Regulation defines the fee unit and provides annual CPI indexing and rounding rules (Part 3 cl 1–4; cl 2 sets the base fee unit and indexation formula). Schedule 2 lists application fees and other fees in fee units (Schedule 2).\n\n- Records, invoices and evidence: requires itemised invoices, retention of invoice and charge records (typically 5 years), photographs to be attached to certain invoices, and production of records and towing authorisations to authorised officers or police (cl 72–83, 36–37, 82–83).\n\n- Equipment, marking and inspections: prescribes required equipment on tow trucks (warning lights, mounted lights, broom/shovel for accident towing, fire extinguisher) (cl 76), requires licensee name and licence number to be displayed on trucks (cl 77), allows inspections by the Secretary or authorised officer with associated assessment notices and repair requirements, and states that inspection and repair costs are payable by the tow truck operator (cl 78(1)–(8)).\n\n- Offences, penalties and penalty notices: creates offences (for example, misuse of licences, false information, incitement to offend, failing to keep or produce records) with specified maximum penalties throughout the Regulation and a Schedule 3 list of offences that may be dealt with by penalty notice and the penalty amounts (cl 20, 34, 73–75, 95; Schedule 3).\n\n- Administrative discretions and relief: gives the Secretary powers to refuse/grant/modify licences and exemptions (multiple provisions including cl 5, 7, 23–24, 86), to waive/reduce/postpone/refund fees for financial hardship or special circumstances such as natural disaster (cl 94), and to exempt licensees from holding yard security requirements in writing (cl 38(2)).\n\n\n## Who this affects\n\n- Tow‑truck operators and licensees: their licensing, permitted tow truck lists, equipment, signage, holding-yard standards, record-keeping, invoicing, and the maximum amounts they may charge are all regulated (cl 9, 21–22, 38, 41, Part 5, cl 76–83).\n\n- Certified drivers: conditions of certificates, requirement to follow protective clothing policy, obligations when obtaining authorisations, and record/notice handling (cl 16, 35, 36, 72).\n\n- Operators who collect vehicles for scrap metal: they may qualify for an exemption from licensing and driver-certificate requirements if they meet detailed conditions (cl 21–25).\n\n- Vehicle owners and insurers: they are the primary payers of towing, salvage and storage charges and are entitled to specified information and invoices; their choices (who to tow with and where to store) are protected by requirement to provide written quotations and disclosure of rights before obtaining authorisation (cl 35, cl 83).\n\n- Authorised officers and police: their powers and responsibilities in issuing towing authorisations, removing towing notices for administrative purposes, and enforcing the Regulation are set out (cl 30, 33, 35(3), 35(7)).\n\n\n## Why it matters (official rationale, then mechanical implications)\n\n- Officially the Regulation provides the legal details needed to implement the Tow Truck Industry Act 1998, including how fees are set and charged for accident towing, salvage and storage and the conduct expected of industry participants (Part 5 note; multiple clauses).\n\n- Mechanically, the Regulation:\n  - Caps what operators can charge in specified scenarios (cl 45–66 and Schedule 2). This creates price rules licence-holders must follow and provides specified surcharges and distance-based increments.\n  - Imposes administrative and record-keeping duties on licence-holders and drivers (cl 21(2)(l)–(o), cl 37, cl 41, cl 81–83). Records must generally be kept for 5 years (cl 21(2)(o), cl 37(1)(a), cl 82(3)).\n  - Grants significant decision-making discretion to the Secretary (e.g. require documents, refuse or grant licences or exemptions, waive fees, permit stand-by trucks, exempt from yard security) (cl 5–7, 23–25, 86, 38(2), 94). That discretion determines who may operate, on what terms, and when exceptions apply.\n\n\n## Costs, incentives and trade-offs (mechanisms, with citations)\n\n- Who pays: vehicle owners or their insurers pay towing, salvage and storage fees set by the Regulation and invoiced with specified particulars (cl 45–66; cl 83(1)–(2)). Licensees pay inspection and repair costs ordered after an inspection (cl 78(8)).\n\n- Compliance costs and burdens on operators:\n  - Record-keeping obligations (towing records, holding-yard registers, itemised charge records, invoice retention) create administrative costs and time demands (cl 21(2)(l)–(o); cl 37(1); cl 41; cl 82(1)–(3); cl 83(4)).\n  - Display and signage obligations (approved signs for exempt operators; signage on trucks; office/yard signs about storage fees) require physical changes and ongoing maintenance (cl 21(2)(c); cl 77; cl 63).\n  - Equipment and yard security requirements require capital expense (cl 38; cl 76).\n\n- Pricing incentives and constraints:\n  - The Regulation caps maximum fees for many services (cl 45–66; Schedule 2). That constrains revenue per job and sets predictable maximum charges for consumers/insurers.\n  - Prohibitions on separate charges for many routine tasks (cl 69–71) limit the ability of operators to bundle additional fees.\n\n- Competitive and operational effects:\n  - The heavy-vehicle charging rules restrict which truck classes may charge for heavy‑vehicle work (cl 50). This channels heavy-vehicle towing to operators with approved truck classes.\n  - Exemptions (scrap metal operators, interstate licences, recreational vehicle transport, mechanics in limited circumstances) remove some regulatory costs for particular groups, altering competitive positions (cl 21–25; cl 88–90). The Regulation prescribes strict conditions on those exemptions (e.g. recorded lists of drivers, tow‑truck type, restricted purposes) that limit how broadly the exemptions operate (cl 21(2)).\n\n- Enforcement and discretion: many compliance and enforcement points depend on the Secretary’s or authorised officers’ actions—e.g., issuing/withdrawing exemptions, approving stand-by trucks, imposing inspection remediation, waiving fees (cl 23–27; cl 86; cl 78; cl 94). That concentrates operational decision‑making with the administering department and creates an implementation dependency on administrative practice.\n\n\n## Risks and implementation notes (mechanical, not evaluative)\n\n- Administrative burden is concentrated on licensees (record retention, invoicing, signage, equipment and yard security) (cl 21(2)(l)–(o); cl 41; cl 76; cl 38).\n\n- Benefits from exemptions are concentrated (scrap-metal collectors and some interstate operators) while the obligations and costs of compliance are more widely distributed among licensed operators (cl 21–25; cl 88).\n\n- Fee indexing and frequent numerical detail (fee units, CPI formula and rounding rules in Part 3) require ongoing administrative calculation and public notice each year (Part 3 cl 1–4).\n\n- The Secretary’s broad discretion (application processing, exemptions, fee waivers, approvals for stand-by trucks, security exemptions) means outcomes in marginal or novel cases rely on administrative determinations (cl 5–7, 23–25, 38(2), 86, 94).\n\n\n## Key citations (representative)\n\n- Licensing and documents: cl 5–9, 12–18\n- Exemptions for scrap metal: cl 21–28\n- Towing authorisations and on-scene rules: cl 29–37\n- Holding yard standards and registers: cl 38, 41\n- Fees, caps and indexing: Part 5 (cl 45–66), Schedule 2, Part 3 (cl 1–4)\n- Records, invoices and photographs: cl 72–83\n- Inspections and operator costs: cl 78(1)–(8)\n- Secretary powers and fee relief: cl 23–25, 86, 94\n- Penalty notice schedule: Schedule 3\n\n"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2930},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The Regulation remains tightly focused on its original purpose: regulating the tow truck industry for consumer protection and public safety. While highly prescriptive (particularly regarding price controls and criminal background checks), this level of detail is consistent with the enabling Act’s intent to prevent exploitation of accident victims and exclude organised crime from the industry. The scrap metal exemption scheme represents a specific carve-out for a distinct industry segment rather than scope creep."},"complexity_factors":["Prescriptive fee structures with multiple intersecting variables: 4 heavy vehicle weight classes, metropolitan vs regional location, business vs after-hours surcharges (20% or 50%), distance thresholds (10km vs 20km), and CPI-indexed 'fee units' requiring annual recalculation","21 separate compliance conditions for scrap metal towing exemptions (clause 21(2)), including equipment restrictions, record-keeping, driver lists, and notification requirements","Extensive cross-referencing to at least 8 other Acts (Road Transport Act 2013, Crimes Act 1900, Firearms Act 1996, Scrap Metal Industry Act 2016, etc.) and external documents (protective clothing policy)","Nested conditional logic and exceptions: general rules with exemptions (clauses 10–11), exemptions from exemptions, and specific exclusions for certain vehicle types (Schedule 1)","Detailed administrative requirements with specific timeframes: 5-year record retention, 24-hour updating of registers, 72-hour delivery of authorisations, 14-day notification periods for address changes","47+ defined terms and statutory references creating a dense interpretative framework (e.g., 'gross combination mass', 'exemption certificate', 'public holiday')","Dual fee schedules (Schedule 2 Part 1 for application fees, Part 2 for service fees) with different calculation methods and rounding rules","Specific technical equipment standards (e.g., brooms must have handles 'at least 1 metre long', fire extinguishers 'at least 4.5 kg capacity')"],"plain_english_summary":"**What this Regulation does**\n\nThis is the rulebook for the tow truck industry in New South Wales. It sits under the *Tow Truck Industry Act 1998* and sets out who can run a towing business, who can drive a tow truck, what they can charge, and how they must behave.\n\n**Who it affects**\n\n- **Tow truck operators**: Anyone running a business that tows vehicles (cars, trucks, or scrap metal).\n- **Certified drivers**: Drivers who operate tow trucks under a licence.\n- **Vehicle owners**: People whose cars are towed after accidents or breakdowns, particularly protecting them from being overcharged when they are vulnerable.\n\n**Key rules you should know**\n\n- **Licences and driver certificates**: To run a towing business, you need a licence. To drive a tow truck, you need a driver’s certificate (a special permit). The Secretary can refuse these if you or your business partners have serious criminal convictions (including firearms, drugs, fraud, or car rebirthing offences).\n\n- **Scrap metal exemption**: Operators who only tow wrecked cars to scrap yards can apply for an exemption from the usual licensing rules, but must follow 21 strict conditions, including carrying specific paperwork, using only crane-mounted trucks (not tilt-trays), and keeping detailed records of every vehicle moved.\n\n- **Towing authorisations**: Before a truck can tow a vehicle from an accident scene, the driver must get a written “towing authorisation” signed by the vehicle owner, police, or an authorised officer. The driver must explain the owner’s rights (such as choosing the destination) and provide a written quote first.\n\n- **Price controls (Fees)**: The Regulation sets maximum prices (calculated in “fee units” — a dollar amount that rises with inflation) for towing accident-damaged or stolen vehicles. Rates differ based on:\n  - Vehicle size (light vs heavy, with four different weight classes for heavy trucks)\n  - Location (Sydney metro vs country areas)\n  - Distance travelled (free initial kilometres, then per-kilometre charges)\n  - Time of day (20% extra outside 8am–5pm for light vehicles, 50% for heavy vehicles)\n  - Additional costs like tolls and equipment hire (with a 10% markup allowed)\n\n- **Holding yards**: If a tow truck operator stores your car, their yard must have a 2-metre security fence, floodlights, and CCTV or alarms. They must keep a detailed register of every vehicle entering or leaving, and cannot charge storage fees until the vehicle is logged in the register.\n\n- **What you can’t be charged for**: Operators cannot charge separately for fuel, waiting time at accident scenes, cleaning the truck, phone calls, or transporting your passengers. For heavy vehicle salvage, the first 30 minutes must be free.\n\n- **Records and invoices**: Operators must keep detailed records for at least 5 years, attach photos to invoices for salvage work, and itemise every charge.\n\n**Why this matters**\n\nThis Regulation protects consumers from “predatory towing” — being gouged with inflated prices after a car accident when they have no choice. It ensures only reputable operators (without serious criminal histories) can enter the industry, sets clear standards for vehicle security, and caps prices to prevent exploitation.\n\n---\n\n*Note: A “fee unit” is a set dollar amount used to calculate fees. It is adjusted annually for inflation (currently around $126.59 as of 2025–26). A “holding yard” is the secure parking lot where towed vehicles are stored. An “authorised officer” is a government inspector with powers to check compliance.*"}},"importantCases":[],"_links":{"self":"/api/acts/tow-truck-industry-regulation-2020","history":"/api/acts/tow-truck-industry-regulation-2020/history","analysis":"/api/acts/tow-truck-industry-regulation-2020/analysis","conflicts":"/api/acts/tow-truck-industry-regulation-2020/conflicts","importantCases":"/api/acts/tow-truck-industry-regulation-2020/important-cases","documents":"/api/acts/tow-truck-industry-regulation-2020/documents"}}