38Offence not to take care in driving or operating tow truck

38 Offence not to take care in driving or operating tow truck

(1) The driver of a tow truck, when towing an accident damaged motor vehicle, must not—

(a) lose or damage the motor vehicle; or

(b) lose or damage anything in or on the motor vehicle.

(2) In any proceedings for an offence against subsection (1), it is a defence if the person charged—

(a) complied with any Code of Practice approved by the Minister under Part 7 that applies to drivers of tow trucks when towing accident damaged motor vehicles; and

(b) took all the precautions that were appropriate in the circumstances.

(3) The holder of a tow truck licence must take all reasonable steps to ensure that—

(a) any accident damaged motor vehicle that is being towed by the tow truck specified in the licence is not lost or damaged; and

(b) nothing in or on a motor vehicle is lost or damaged.

1. In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.