150Initial towing and storage of accident damaged motor vehicles

150 Initial towing and storage of accident damaged motor vehicles

S. 150(1) substituted by No. 40/2011 s. 9(2).

(1) The holder of a tow truck licence for a tow truck that is towing an accident damaged motor vehicle under an authority to tow must ensure that the motor vehicle is towed to the place specified in the authority to tow unless—

(a) it is being returned to the owner of the motor vehicle; or

(b) it is being removed to another place with the written authority of the owner of the motor vehicle or other valid authority.

Penalty: 20 penalty units.

S. 150(1A) inserted by No. 40/2011 s. 9(2).

(1A) The holder of a tow truck licence for a tow truck that has towed an accident damaged motor vehicle to the place specified in the authority to tow in accordance with subsection (1) must ensure that the motor vehicle is stored at a secure area at the place specified in the authority to tow at all times unless—

(a) it is being removed to or stored at a secure area that is—

(i) near the place specified in the authority to tow; and

S. 150
(1A)(a)(ii) amended by No. 49/2019 s. 140(Sch. 2 item 129).

(ii) approved by the Secretary as a place at which the holder of the tow truck licence may store accident damaged motor vehicles; or

(b) it is being removed from a secure area described in paragraph (a) and towed to the place specified in the authority to tow.

Penalty: 20 penalty units.

(2) Without limiting subsection (1)(b), an accident damaged motor vehicle is removed pursuant to a valid authority if it is removed in compliance with a request by—

S. 150(2)(a) amended by No. 37/2014 s. 10(Sch. item 3.6).

(a) a police officer acting in the course of his or her duties; or

(b) an insurer of the accident damaged motor vehicle acting with the consent of the owner; or

(c) a person who has a secured or an unsecured interest in the accident damaged motor vehicle.

S. 150(3) inserted by No. 40/2011 s. 9(3).

(3) The holder of a tow truck licence for a tow truck that is towing an accident damaged motor vehicle under an authority to tow is not entitled to recover any sum or charge from the owner of the motor vehicle for towing the motor vehicle between the place specified in the authority to tow and any place at which the holder of the tow truck licence stores, or intends to store, the motor vehicle.

S. 150(4) inserted by No. 40/2011 s. 9(3).

(4) If an accident damaged motor vehicle is being stored at a secure area or place in accordance with this section, the holder of the tow truck licence for the tow truck that towed the motor vehicle to that secure area or place must take all reasonable steps to ensure that—