142Offence to tow vehicle from road accident scene without owner authority

142 Offence to tow vehicle from road accident scene without owner authority

(1) In the case of a road accident scene that is not on a designated road, a tow truck driver must not tow an accident damaged motor vehicle from the road accident scene without obtaining an authorisation to tow that vehicle—

(a) that is given by—

(i) the owner of the vehicle; or

(ii) the driver of the vehicle; or

(iii) a person as provided in subsection (3); and

(b) that is in writing in the prescribed form; and

(c) that is completed in accordance with subsection (4) and signed by the person giving the authorisation.

(2) In the case of a road accident scene that is on a designated road, a tow truck driver must not tow an accident damaged motor vehicle from a safe and convenient place without obtaining an authorisation to tow that vehicle—

(a) that is given by—

(i) the owner of the vehicle; or

(ii) the driver of the vehicle; or

(iii) a person as provided in subsection (3); and

(b) that is in writing in the prescribed form; and

(c) that is completed in accordance with subsection (4) and signed by the person giving the authorisation.

S. 142(3) amended by Nos 28/2009 s. 76(1), 37/2014 s. 10(Sch. item 3.6).

(3) For the purposes of subsections (1)(a) and (2)(a), an authorisation may be given by a police officer or an authorised officer if the owner or driver of the accident damaged motor vehicle is absent from the road accident scene or the safe and convenient place, or is unable to give authorisation to tow due to incapacity.

(4) For the purposes of subsections (1) and (2) an authorisation must be completed to provide the following information—

(a) the name of, and tow truck driver accreditation number allocated under section 116 to, the driver of the tow truck; and

(b) the address of the depot from which the tow truck operates; and

(c) the name and address of the holder of the tow truck licence under which the tow truck operates; and

(d) the name and address of the place to which the motor vehicle is to be removed; and

(e) any other information required by regulations made under this Act.

(5) Before obtaining the signature of the person giving the authorisation, the tow truck driver must ensure that the authorisation is completed in accordance with subsection (4).

S. 142(6) amended by Nos 28/2009 s. 76(2), 37/2014 s. 10(Sch. item 3.6).

(6) An authorisation to tow an accident damaged motor vehicle from a road accident scene or a safe and convenient place given by a police officer or an authorised officer in accordance with subsection (3) is deemed to have been given by the owner of the accident damaged motor vehicle.