47Refusal to salvage or tow from road accident scene

47 Refusal to salvage or tow from road accident scene

(1) If the driver of a licensed tow truck attends a road accident scene, the driver must not refuse to salvage or tow to a particular place an accident damaged motor vehicle when asked to do so by—

(a) a police officer; or

(b) an authorised officer; or

(c) the owner or driver of the accident damaged motor vehicle.

1. 20 penalty units.

(2) Despite subregulation (1), the driver of a licensed tow truck is not required to salvage an accident damaged motor vehicle if—

(a) the tow truck is not capable of salvaging the accident damaged motor vehicle without the assistance of—

(i) another tow truck; or

(ii) a mobile crane; or

(iii) specialised equipment; and

(b) that other tow truck, mobile crane or specialised equipment is not present at the road accident scene.

(3) Despite subregulation (1), the driver of a licensed tow truck is not required to tow an accident damaged motor vehicle to a place requested by the owner or driver of the vehicle if—

Reg. 47(3)(a) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 26).

(a) the tow truck driver tows the vehicle to a safe and convenient place near the road or a place approved by the Secretary in accordance with section 42(3)(c) of the Act; or

(b) the vehicle is moved to the nearest convenient place in accordance with section 114A of the Melbourne City Link Act 1995; or

(c) the vehicle is moved to the nearest convenient place in accordance with section 119A of the Road Management Act 2004.

(4) Despite subregulation (1), and before the authorisation to tow is completed and signed in accordance with section 142 of the Act, a driver of a licensed tow truck may refuse to tow an accident damaged motor vehicle to a particular place when asked to do so by the owner or driver if—

(a) the driver or owner of the vehicle requests that the vehicle be towed to a particular place that is greater than 125 kilometres by road from the road accident scene; or

(b) the driver or owner of the vehicle indicates that—

(i) the driver or owner would be unable or unwilling to pay for the towing service immediately upon completion of the tow by way of cash payment; and

(ii) the tow truck driver offers the driver or owner of the accident damaged motor vehicle the opportunity to make payment by credit or debit card and the owner or driver does not make payment.