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:

(a) Part 4 (Making turns);

(b) Part 6 (Traffic lights, traffic arrows and twin red lights);

(c) Part 7 (Giving way), Division 1 (Giving way at a stop sign, stop line, give way sign or give way line applying to the driver);

(d) Part 8 (Traffic signs and road markings);

(e) Part 9 (Roundabouts);

(f) Part 11 (Keeping left, overtaking and other driving rules);

(g) Part 12 (Restrictions on stopping and parking);

(h) rule 288 (Driving on a path);

(i) rule 289 (Driving on a nature strip);

(j) 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.