NSWIn ForceAct
Tow Truck Industry Act 1998
3Definitions
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#### 3 Definitions
3 Definitions
> > (1) In this Act—
> >
> > accident means any collision, impact or other event (however caused) resulting in damage to a motor vehicle.
> >
> > accident towing work means the towing or carrying away by a tow truck of a motor vehicle involved in an accident, either from the scene of the accident or from the place to which the motor vehicle has been moved following the accident.
> >
> > approved means approved by the Secretary from time to time.
> >
> > authorised officer means a person employed in the Public Service or the Transport Service who is authorised in writing by the Secretary as an authorised officer for the purposes of this Act.
> >
> > certified driver means the holder of a drivers certificate.
> >
> > close associate—see section 5.
> >
> > criminal intelligence means information classified by the Commissioner of Police as criminal intelligence within the meaning of the [Crimes (Criminal Organisations Control) Act 2012](/view/html/inforce/current/act-2012-009), or declared by the Supreme Court under that Act to be criminal intelligence.
> >
> > Department means the Department of Customer Service.
> >
> > driver licence means a driver licence within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).
> >
> > drivers certificate means a tow truck drivers certificate in force under this Act.
> >
> > emergency services officer means an officer or employee of an emergency services organisation within the meaning of the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165).
> >
> > exercise a function includes perform a duty.
> >
> > function includes a power, authority or duty.
> >
> > holding yard means a place used for the purposes of the safekeeping of towed motor vehicles.
> >
> > licence means a tow truck operators licence in force under this Act.
> >
> > licensed tow truck means a tow truck that is used or operated under the authority of a licence.
> >
> > licensee means the holder of a licence.
> >
> > motor vehicle means a motor vehicle (other than a light rail vehicle) or trailer within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).
> >
> > operate a tow truck includes tow a motor vehicle by means of the tow truck.
> >
> > road means a road within the meaning of section 4(1) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) (other than a road that is the subject of a declaration made under section 18(1)(b) of that Act relating to all of the provisions of that Act).
> >
> > road related area means a road related area within the meaning of section 4(1) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) (other than a road related area that is the subject of a declaration made under section 18(1)(b) of that Act relating to all of the provisions of that Act).
> >
> > scene of an accident means an area proximate to the point where a motor vehicle involved in an accident has, as an immediate result of the accident, come or been brought to a stationary position.
> >
> > Secretary means the Secretary of the Department.
> >
> > tow includes—
> >
> > > (a) lift and tow, or lift and carry, and
> >
> > > (b) lift for the purpose of towing or carrying, and
> >
> > > (c) carry on a trailer, and
> >
> > > (d) place onto a trailer for the purpose of carrying, and
> >
> > > (e) any other action prescribed by the regulations for the purposes of this definition,
> >
> > but does not include any activity declared by the regulations not to be towing for the purposes of this Act.
> >
> > tow truck—see section 4.
> >
> > tow truck operator means a person who conducts a business involving the operation of any tow truck for the purposes of towing motor vehicles.
> >
> > towing authorisation means an authorisation required under Part 4.
> >
> > Note.
> >
> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.
>
> > (2) A reference in this Act to an application for a licence or drivers certificate includes a reference to an application for the renewal of a licence or drivers certificate.
>
> > (3) Notes included in this Act do not form part of this Act.
>
> **s 3:** Am 1999 No 19, Sch 2.48 \[1\] \[2\]; 1999 No 61, Sch 1 \[1\] \[2\]; 2001 No 112, Sch 1.26 \[1\]; 2005 No 11, Sch 3.45 \[1\]–\[3\]; 2007 No 54, Sch 1 \[3\]–\[5\]; 2009 No 23, Sch 3.8 \[1\]; 2011 No 41, Sch 5.58 \[2\]; 2012 No 9, Sch 1.11 \[1\]; 2013 No 12, Sch 2.6; 2013 No 19, Sch 4.76 \[1\]; 2017 No 22, Sch 1.22 \[2\]; 2022 No 59, Sch 3.68.