35Other requirements relating to towing authorisations

#### 35 Other requirements relating to towing authorisations 35 Other requirements relating to towing authorisations > > (1) A person who seeks to obtain a towing authorisation for the towing of a motor vehicle by a tow truck must— > > > > > (a) complete a written quotation for towing services form (in an approved form) in relation to the towing of the motor vehicle before obtaining the authorisation, and > > > > > (b) provide the quotation for towing services form to the person who is to give the authorisation, and > > > > > (c) explain to the person who is to give the authorisation that they have the following rights— > > > > > > > (i) to decide the address where the vehicle will be towed to, > > > > > > > (ii) to decide who will tow the vehicle, > > > > > > > (iii) to contact anyone before signing the written towing authorisation form for their assistance with deciding on the correct address to have the vehicle towed to, > > > > > > > (iv) to refuse to accept a tow for any reason, > > > > > > > (v) to receive a completed and signed copy of the written towing authorisation form that contains contact details for the tow truck operator who will be towing the vehicle and a completed quotation for towing and storage services. > > > > Maximum penalty—25 penalty units. > > > (2) A person who obtains a towing authorisation for the towing of a motor vehicle by a tow truck must— > > > > > (a) immediately provide a copy of the towing authorisation to the person giving the authorisation, and > > > > > (b) within 72 hours of completing the towing work to which the towing authorisation relates, deliver the original towing authorisation to the holder of the licence under which the tow truck is operated, and > > > > > (c) keep a copy of the towing authorisation in the towing authorisation book. > > > > Maximum penalty—50 penalty units. > > > (3) An authorised officer or a police officer who gives a towing authorisation for the towing of a motor vehicle by a tow truck under clause 32(b) or (c) must provide the copy of the authorisation received under subclause (2)(a) to the owner or driver of the motor vehicle within 7 days of receiving that copy. > > > (4) A person who obtains a towing authorisation must, before towing the motor vehicle by a tow truck, complete a notice (the towing notice) that is in the approved form and contains the following information— > > > > > (a) the serial number of the towing authorisation to which the towing notice relates, > > > > > (b) the name of the licensee and the number of the licence under which the tow truck is authorised to be operated, > > > > > (c) the name, and drivers certificate number, of the person who obtained the towing authorisation, > > > > > (d) the registration number of the motor vehicle to which the towing authorisation relates, > > > > > (e) the address to which the motor vehicle is to be towed, > > > > > (f) if the motor vehicle is to be towed to a holding yard—the address of the holding yard. > > > > Maximum penalty—50 penalty units. > > > (5) The person who completes the towing notice must attach the notice to the motor vehicle in the approved way before towing the motor vehicle. > > > > Maximum penalty—50 penalty units. > > > (6) A person must not remove a towing notice attached to a motor vehicle in accordance with subclause (5) unless— > > > > > (a) the person is the insurer of the motor vehicle, or > > > > > (b) in any case where the motor vehicle is not insured—the person is the owner or driver of the motor vehicle, or > > > > > (c) the person is acting under the written authority of a person referred to in paragraph (a) or (b). > > > > Maximum penalty—50 penalty units. > > > (7) Despite subclause (6), an authorised officer or police officer may remove a towing notice attached to a motor vehicle in accordance with subclause (5) for the following purposes— > > > > > (a) to determine compliance with or contravention of the Act or this Regulation, > > > > > (b) to obtain information or documents for the purpose of administering the Act, > > > > > (c) generally for administering the Act. > > > (8) A person must not obtain, or attempt to obtain, a towing authorisation for the towing of a motor vehicle involved in an accident until any towing authorisation that the person has obtained for the towing of any other motor vehicle involved in the same accident has been completed in accordance with the particulars specified in that authorisation. > > > > Maximum penalty—50 penalty units. > > > (9) A licensee must ensure that each tow truck driver who is employed or engaged by the licensee complies with the requirements of this clause. > > > > Maximum penalty—50 penalty units.