42Allocation offences in controlled areas

42 Allocation offences in controlled areas

(1) The holder of a regular tow truck licence must not cause the tow truck operating under that licence—

(a) to attend a road accident scene in a controlled area; or

S. 42(1)(b) amended by No. 28/2009 s. 68(2).

(b) to be used to tow, or attempt to tow, an accident damaged motor vehicle, with a gross vehicle mass of less than 4 tonnes, from a road accident scene in a controlled area—

unless the allocation body for that area has authorised that the tow truck operating under the licence so attend or be so used, and the allocation body has given a job number for that authorisation to the holder of the licence.

S. 42(2) amended by No. 28/2009 s. 68(3)(a).

(2) The driver of a tow truck operating under a regular tow truck licence must not—

(a) attend a road accident scene in a controlled area; or

S. 42(2)(b) amended by No. 28/2009 s. 68(3)(b).

(b) use the tow truck to tow, or attempt to tow an accident damaged motor vehicle, with a gross vehicle mass of less than 4 tonnes, from a road accident scene in a controlled area—

unless the allocation body for that area has authorised that the tow truck so attend or be so used, and the allocation body has given a job number for that authorisation to the holder of the licence for the tow truck.

S. 42(3) amended by No. 28/2009 s. 68(4).

(3) Subsections (1) and (2) do not apply to any attendance at a road accident scene, or any towing of, or attempt to tow, an accident damaged motor vehicle from a road accident scene by a tow truck—

(a) if the road accident scene is on a designated road; and

(b) if—

S. 42(3)(b)(i) amended by No. 8/2019 s. 87(1).

(i) in the case of a road accident scene that is on the Link road or Extension road or a designated road, the tow truck driver is authorised by the relevant corporation (within the meaning of the Melbourne City Link Act 1995) or a person who is contracted by a relevant agency to provide accident towing services for the whole or a part of the Link road or Extension road to attend road accident scenes on that road; or

S. 42(3)(b)(ii) amended by No. 8/2019 s. 87(2).

(ii) in the case of a road accident scene that is on EastLink or a designated road, the tow truck driver is authorised by the Freeway Corporation within the meaning of the EastLink Project Act 2004 or a person contracted to provide accident towing services for the whole or a part of EastLink, to attend road accident scenes on that road; or

S. 42(3)(b)(iia) inserted by No. 70/2012 s. 14.