312Exemption for tow truck drivers

312 Exemption for tow truck drivers

(1) It is a defence to the prosecution of the driver of a tow truck for an offence against a provision mentioned in subrule (2) if, at the time of the offence: (a) the driver is engaged in loading, or connecting to, a vehicle to which this rule applies; and (b) the driver is unable to comply with the provision; and (c) the tow truck is displaying a flashing light; and (d) the driver is acting safely. (2) For subrule (1), the provisions are as follows: • Part 4 (Making turns) • Part 6 (Traffic lights and twin red lights) • Part 7 (Giving way), Division 1 (Places with stop signs, stop lines, give way signs or give way lines) • Part 8 (Traffic signs and road markings) • Part 9 (Roundabouts) • Part 11 (Keeping left, overtaking and other driving rules) • Part 12 (Restrictions on stopping and parking) • rule 288 (Driving on a path) • rule 289 (Driving on a nature strip) • rule 290 (Driving on a traffic island). (3) This rule applies to the following vehicles: (a) a vehicle at the scene of a crash; (b) a disabled vehicle; (c) a vehicle unsafely or unlawfully parked that the driver is authorised to tow away under another law of this jurisdiction.

Note: Crash is defined in the dictionary, and vehicle is defined in rule 15.