36Authorisation to attend road accident scene

36 Authorisation to attend road accident scene

(1) An allocation officer of an allocation body may make an allocation under subregulation (2) if—

(a) a request has been received by the allocation body to remove an accident damaged motor vehicle from a road accident scene in the controlled area for the allocation body; or

(b) a previous authorisation by the allocation body to remove an accident damaged motor vehicle from a road accident scene in the controlled area for the allocation body has been cancelled.

(2) An allocation is made by contacting the holder of the place on the roster who is next entitled to an allocation and offering that person an allocation and—

(a) if that person accepts the allocation, authorising the person to attend the road accident scene and offer to tow an accident damaged motor vehicle from the scene; or

(b) if the person refuses or is unable to accept the allocation, offering the allocation to the person whose place on the roster is next entitled to an allocation.

(3) If an allocation is made the allocation officer may—

(a) if the accident scene is on the Link road or Extension road—report the matter to the relevant corporation (within the meaning of the Melbourne City Link Act 1995) or to an agent of that corporation; and

(b) if the accident scene is on EastLink—report the matter to the Freeway Corporation (within the meaning of the EastLink Project Act 2004) or to an agent of that corporation; and

(c) if the accident scene is on the Peninsula Link Freeway—report the matter to the Peninsula Link Freeway Corporation or to an agent of that corporation; and

Reg. 36(3)(ca) inserted by S.R. No. 97/2025 reg. 5.

(ca) if the accident scene is on the West Gate Tunnel tollway—report the matter to the relevant West Gate Tunnel agency or to an agent of that agency; and

Reg. 36(3)(d) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 23).

(d) if the accident scene is on a designated road (within the meaning of paragraph (d) or (e) of the definition of designated road in the Act)—report the matter to the Secretary or an agent of the Secretary.

(4) An allocation officer of the relevant allocation body must ensure that—

(a) the authorisation is recorded (including the name and contact details of the person requesting the tow if that information is available to the allocation officer); and

(b) a job number is allocated to the authorisation; and

(c) the job number allocated to the authorisation is matched with the details of the accident damaged motor vehicle that the rostered tow truck tows from the road accident scene when that information is made available to the allocation officer, either by the driver of a rostered tow truck in accordance with regulation 37(9) or otherwise; and