NSWIn ForceAct
Tow Truck Industry Act 1998
49Requirement to obtain towing authorisation
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#### 49 Requirement to obtain towing authorisation
49 Requirement to obtain towing authorisation
> > (1) A certified driver must not carry out, or attempt to carry out, any accident towing work unless a towing authorisation has been obtained for the towing work.
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> > Maximum penalty—50 penalty units.
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> > (2) However, a person is not required to comply with subsection (1) if the person is carrying out, or is attempting to carry out, the towing work—
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> > > (a) in accordance with any direction of a police officer or an authorised officer (including a direction that is given by telephone or other electronic transmission) to move a motor vehicle that, in the opinion of the officer, is causing an unreasonable obstruction to traffic, to the nearest place where it no longer causes an obstruction to traffic, or
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> > > (b) in such circumstances as may be prescribed by the regulations.
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> > (3) A police officer or authorised officer may only give a direction described in subsection (2)(a) if, in the opinion of the officer, the motor vehicle cannot reasonably, in the circumstances, be driven away.
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> > (4) The regulations may provide that a towing authorisation is required in such other circumstances as may be prescribed.
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> > (5) A towing authorisation required by or under this section is to be in the approved form.
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> **s 49:** Subst 1999 No 61, Sch 1 \[15\]; 2007 No 54, Sch 1 \[9\].