Tow Truck Act 2023
sec.53Operating or assisting with operation of tow trucks without driver accreditation or assistant accreditation
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sec.53 Operating or assisting with operation of tow trucks without driver accreditation or assistant accreditation
This section applies if— a motor vehicle— is damaged in an incident in a regulated area; or is seized in a regulated area; or a motor vehicle is parked on private property in a regulated area and the owner of the vehicle has not expressly requested or directed the towing of the vehicle from the property. A person must not drive, or offer to drive, a tow truck for the purpose of towing the motor vehicle from the scene of the incident, place of seizure or private property unless the person is the holder of a driver accreditation. Maximum penalty—80 penalty units. A person who is at the scene of the incident, place of seizure or private property must not otherwise operate, or assist with the operation of, a tow truck to tow the motor vehicle from the scene, place or property unless the person is the holder of— a driver accreditation; or an assistant accreditation. Maximum penalty—80 penalty units. For subsection (3) , a person is not assisting with the operation of a tow truck to the extent the person is carrying out repairs to the tow truck. (sec.53-ssec.1) This section applies if— a motor vehicle— is damaged in an incident in a regulated area; or is seized in a regulated area; or a motor vehicle is parked on private property in a regulated area and the owner of the vehicle has not expressly requested or directed the towing of the vehicle from the property. (sec.53-ssec.2) A person must not drive, or offer to drive, a tow truck for the purpose of towing the motor vehicle from the scene of the incident, place of seizure or private property unless the person is the holder of a driver accreditation. Maximum penalty—80 penalty units. (sec.53-ssec.3) A person who is at the scene of the incident, place of seizure or private property must not otherwise operate, or assist with the operation of, a tow truck to tow the motor vehicle from the scene, place or property unless the person is the holder of— a driver accreditation; or an assistant accreditation. Maximum penalty—80 penalty units. (sec.53-ssec.4) For subsection (3) , a person is not assisting with the operation of a tow truck to the extent the person is carrying out repairs to the tow truck.
- (a) a motor vehicle— (i) is damaged in an incident in a regulated area; or (ii) is seized in a regulated area; or
- (i) is damaged in an incident in a regulated area; or
- (ii) is seized in a regulated area; or
- (b) a motor vehicle is parked on private property in a regulated area and the owner of the vehicle has not expressly requested or directed the towing of the vehicle from the property.
- (i) is damaged in an incident in a regulated area; or
- (ii) is seized in a regulated area; or
- (a) a driver accreditation; or