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Queensland regulation
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Direct links to the current provisions in Tow Truck Regulation 2024.
This regulation may be cited as the Tow Truck Regulation 2024 .
This regulation commences on 26 August 2024.
The dictionary in schedule 4 defines particular words used in this regulation.
This section applies in relation to a person who holds an M condition driver licence. For section 13 (1) (h) of the Act , the chief executive must, in deciding whether the person is an appropriate person to hold or continue to hold a driver accreditation, have regard to whether the person has a valid medical certificate stating the person complies with the fitness to drive standards. In this section— fitness to drive standards means the medical standards for licensing, commercial standards, stated in the document called ‘Assessing fitness to drive for commercial and private vehicle drivers’ published by Austroads Ltd ACN 136 812 390. M condition see the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 , schedule 9 . M condition driver licence means— a Queensland driver licence that is subject to an M condition; or an interstate licence, or a New Zealand licence, that corresponds to a Queensland driver licence that is subject to an M condition. valid medical certificate means a valid medical certificate under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 . (sec.4-ssec.1) This section applies in relation to a person who holds an M condition driver licence. (sec.4-ssec.2) For section 13 (1) (h) of the Act , the chief executive must, in deciding whether the person is an appropriate person to hold or continue to hold a driver accreditation, have regard to whether the person has a valid medical certificate stating the person complies with the fitness to drive standards. (sec.4-ssec.3) In this section— fitness to drive standards means the medical standards for licensing, commercial standards, stated in the document called ‘Assessing fitness to drive for commercial and private vehicle drivers’ published by Austroads Ltd ACN 136 812 390. M condition see the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 , schedule 9 . M condition driver licence means— a Queensland driver licence that is subject to an M condition; or an interstate licence, or a New Zealand licence, that corresponds to a Queensland driver licence that is subject to an M condition. valid medical certificate means a valid medical certificate under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 .
In this division— application means— an application for an accreditation made under section 17 of the Act ; or a renewal application; or an amendment application; or an exemption application; or an application for a replacement accreditation document made under section 17 (1) or (2) ; or an application for a temporary holding yard approval made under section 98 ; or an application to extend the period of a temporary holding yard approval made under section 103 . information includes a document.
The chief executive may, by publishing a notice on the department’s website— approve a way in which an application may be made; or orally, by electronic communication or by another form of communication require stated information to be included in, or to accompany, an application. A notice under subsection (1) (a) may include requirements for making an application in the approved way. A notice under subsection (1) (b) may only require information that is reasonably necessary for— the chief executive to decide the application; or another purpose related to the application or the thing being applied for. irrelevant personal information relevant personal information if the provision of the information would be excessively intrusive to personal privacy Subsection (1) applies whether or not there is an approved form for the application. In this section— department’s website see section 152 (4) of the Act . (sec.6-ssec.1) The chief executive may, by publishing a notice on the department’s website— approve a way in which an application may be made; or orally, by electronic communication or by another form of communication require stated information to be included in, or to accompany, an application. (sec.6-ssec.2) A notice under subsection (1) (a) may include requirements for making an application in the approved way. (sec.6-ssec.3) A notice under subsection (1) (b) may only require information that is reasonably necessary for— the chief executive to decide the application; or another purpose related to the application or the thing being applied for. irrelevant personal information relevant personal information if the provision of the information would be excessively intrusive to personal privacy (sec.6-ssec.4) Subsection (1) applies whether or not there is an approved form for the application. (sec.6-ssec.5) In this section— department’s website see section 152 (4) of the Act .
An application must be made in 1 of the following ways— in the approved form for the application; in the approved way under section 6 (1) (a) for making the application; if there is no approved form and no approved way for making the application—in writing. An application must include, or be accompanied by, any information required for the application under section 6 (1) (b) . Subsection (2) does not limit or otherwise affect another provision of this regulation that requires an application to include, or be accompanied by, particular information. (sec.7-ssec.1) An application must be made in 1 of the following ways— in the approved form for the application; in the approved way under section 6 (1) (a) for making the application; if there is no approved form and no approved way for making the application—in writing. (sec.7-ssec.2) An application must include, or be accompanied by, any information required for the application under section 6 (1) (b) . (sec.7-ssec.3) Subsection (2) does not limit or otherwise affect another provision of this regulation that requires an application to include, or be accompanied by, particular information.
The chief executive may ask the applicant for an application for further information the chief executive reasonably needs to decide the application. If the request relates to an application for a temporary holding yard approval or to extend the period of a temporary holding yard approval, the request may be made by notice given to the applicant or orally. If the request relates to an application other than an application mentioned in subsection (2) , the request must be made by notice given to the applicant. The request— must state— the information required; and a reasonable period, of at least 28 days after the day the request is made, within which the information must be given to the chief executive; and that the applicant is taken to have withdrawn the application if the applicant does not comply with the request within the stated period or any extension of that period under subsection (6) ; and may state a way in which the information must be given. If the request is made orally, the chief executive must give the applicant a notice confirming the details of the request as soon as practicable after making the request. The chief executive may, by notice given to the applicant, extend the period stated under subsection (4) (a) (ii) . (sec.8-ssec.1) The chief executive may ask the applicant for an application for further information the chief executive reasonably needs to decide the application. (sec.8-ssec.2) If the request relates to an application for a temporary holding yard approval or to extend the period of a temporary holding yard approval, the request may be made by notice given to the applicant or orally. (sec.8-ssec.3) If the request relates to an application other than an application mentioned in subsection (2) , the request must be made by notice given to the applicant. (sec.8-ssec.4) The request— must state— the information required; and a reasonable period, of at least 28 days after the day the request is made, within which the information must be given to the chief executive; and that the applicant is taken to have withdrawn the application if the applicant does not comply with the request within the stated period or any extension of that period under subsection (6) ; and may state a way in which the information must be given. (sec.8-ssec.5) If the request is made orally, the chief executive must give the applicant a notice confirming the details of the request as soon as practicable after making the request. (sec.8-ssec.6) The chief executive may, by notice given to the applicant, extend the period stated under subsection (4) (a) (ii) .
If a request under section 8 does not state a way in which the information must be given, the applicant— for an application mentioned in section 8 (2) —may give the information in writing or orally; or otherwise—must give the information in writing. The applicant is taken to have withdrawn the application if the applicant does not comply with the request within the period stated under section 8 (4) (a) (ii) or any extension of that period under section 8 (6) . (sec.9-ssec.1) If a request under section 8 does not state a way in which the information must be given, the applicant— for an application mentioned in section 8 (2) —may give the information in writing or orally; or otherwise—must give the information in writing. (sec.9-ssec.2) The applicant is taken to have withdrawn the application if the applicant does not comply with the request within the period stated under section 8 (4) (a) (ii) or any extension of that period under section 8 (6) .
This section applies in relation to the following applications— an application for an operator accreditation made under section 17 of the Act ; a renewal application to renew an operator accreditation; an amendment application to amend an operator accreditation. For sections 18 (3) (b) , 25 (3) (b) and 31 (3) of the Act , the ground that the application does not comply with the criteria stated in subsections (3) to (5) is prescribed for the application. For subsection (2) , a motor vehicle to be used as a tow truck under the accreditation must— be a tow truck that is— a class 1T tow truck, class 2T tow truck, class 3T tow truck, class 4T tow truck or class 5T tow truck under schedule 1 , section 2 ; or a class 1 tow truck, class 2 tow truck, class 3 tow truck or class 4 tow truck under schedule 1 , section 3 ; and be registered under the Transport Operations (Road Use Management) Act 1995 ; and comply with schedule 1 , sections 5 , 7 and 8 ; and for an application other than a renewal application—have markings on each side of the tow truck, or on signs attached to each side of the tow truck, that— display the business name, business address and telephone number of the tow truck business to which the application relates; and display the classification of the tow truck under schedule 1 , part 2 ; and are clearly legible at a distance of 30m; and for a renewal application—comply with schedule 1 , section 6 . Also, the application must comply with 1 of the following— any premises to be used as a holding yard for the accreditation is owned or leased by— the applicant only; or if the applicant is a partnership—1 or more of the partners in the partnership only; any premises to be used as a holding yard for the accreditation is an authorised holding yard for another operator accreditation and is owned or leased by— the holder of the other operator accreditation only; or if the holder of the other operator accreditation is a partnership—1 or more of the partners in the partnership only; the applicant has sufficient control of any premises to be used as a holding yard for the accreditation to prevent— unauthorised persons from entering the premises; and the unauthorised removal of motor vehicles and property from the premises. Further, any premises to be used as a holding yard for the accreditation must— be enclosed by a prescribed fence that is structurally sound and has lockable gates and doors; or have another barrier sufficient to prevent— unauthorised persons from entering the premises; and the unauthorised removal of motor vehicles and property from the premises. (sec.10-ssec.1) This section applies in relation to the following applications— an application for an operator accreditation made under section 17 of the Act ; a renewal application to renew an operator accreditation; an amendment application to amend an operator accreditation. (sec.10-ssec.2) For sections 18 (3) (b) , 25 (3) (b) and 31 (3) of the Act , the ground that the application does not comply with the criteria stated in subsections (3) to (5) is prescribed for the application. (sec.10-ssec.3) For subsection (2) , a motor vehicle to be used as a tow truck under the accreditation must— be a tow truck that is— a class 1T tow truck, class 2T tow truck, class 3T tow truck, class 4T tow truck or class 5T tow truck under schedule 1 , section 2 ; or a class 1 tow truck, class 2 tow truck, class 3 tow truck or class 4 tow truck under schedule 1 , section 3 ; and be registered under the Transport Operations (Road Use Management) Act 1995 ; and comply with schedule 1 , sections 5 , 7 and 8 ; and for an application other than a renewal application—have markings on each side of the tow truck, or on signs attached to each side of the tow truck, that— display the business name, business address and telephone number of the tow truck business to which the application relates; and display the classification of the tow truck under schedule 1 , part 2 ; and are clearly legible at a distance of 30m; and for a renewal application—comply with schedule 1 , section 6 . (sec.10-ssec.4) Also, the application must comply with 1 of the following— any premises to be used as a holding yard for the accreditation is owned or leased by— the applicant only; or if the applicant is a partnership—1 or more of the partners in the partnership only; any premises to be used as a holding yard for the accreditation is an authorised holding yard for another operator accreditation and is owned or leased by— the holder of the other operator accreditation only; or if the holder of the other operator accreditation is a partnership—1 or more of the partners in the partnership only; the applicant has sufficient control of any premises to be used as a holding yard for the accreditation to prevent— unauthorised persons from entering the premises; and the unauthorised removal of motor vehicles and property from the premises. (sec.10-ssec.5) Further, any premises to be used as a holding yard for the accreditation must— be enclosed by a prescribed fence that is structurally sound and has lockable gates and doors; or have another barrier sufficient to prevent— unauthorised persons from entering the premises; and the unauthorised removal of motor vehicles and property from the premises.
This section applies in relation to the following applications— an application for a driver accreditation made under section 17 of the Act ; a renewal application to renew a driver accreditation. For sections 18 (3) (b) and 25 (3) (b) of the Act , the ground that the applicant does not comply with either of the following criteria is prescribed for the application— the applicant holds— an open licence of a class stated in the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 , section 4 (2) ; or an interstate licence, or a New Zealand licence, that corresponds to an open licence mentioned in subparagraph (i) ; the applicant has held a licence mentioned in paragraph (a) but currently holds— a restricted licence, or a probationary licence, of a class stated in the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 , section 4 (2) ; or an interstate licence, or a New Zealand licence, that corresponds to a restricted licence or probationary licence mentioned in subparagraph (i) . In this section— open licence see the Transport Operations (Road Use Management) Act 1995 , schedule 4 . probationary licence see the Transport Operations (Road Use Management) Act 1995 , schedule 4 . restricted licence see the Transport Operations (Road Use Management) Act 1995 , schedule 4 . (sec.11-ssec.1) This section applies in relation to the following applications— an application for a driver accreditation made under section 17 of the Act ; a renewal application to renew a driver accreditation. (sec.11-ssec.2) For sections 18 (3) (b) and 25 (3) (b) of the Act , the ground that the applicant does not comply with either of the following criteria is prescribed for the application— the applicant holds— an open licence of a class stated in the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 , section 4 (2) ; or an interstate licence, or a New Zealand licence, that corresponds to an open licence mentioned in subparagraph (i) ; the applicant has held a licence mentioned in paragraph (a) but currently holds— a restricted licence, or a probationary licence, of a class stated in the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 , section 4 (2) ; or an interstate licence, or a New Zealand licence, that corresponds to a restricted licence or probationary licence mentioned in subparagraph (i) . (sec.11-ssec.3) In this section— open licence see the Transport Operations (Road Use Management) Act 1995 , schedule 4 . probationary licence see the Transport Operations (Road Use Management) Act 1995 , schedule 4 . restricted licence see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .
This division applies in relation to a driver accreditation or an assistant accreditation.
An accreditation document for the accreditation may be in the form, or partly in the form, of a smartcard accreditation. A smartcard accreditation may be in the form of a smartcard transport authority. See also— the Transport Planning and Coordination Act 1994 , section 36G for when the chief executive may issue a smartcard transport authority under that Act; and the Transport Planning and Coordination Regulation 2017 , section 7 for when the chief executive may issue an interim transport authority and when an interim transport authority has effect as a smartcard transport authority. A smartcard accreditation that is in the form of a smartcard transport authority may include information about 1 or more other transport authorities held by the holder of the accreditation. In this section— transport authority see the Transport Planning and Coordination Act 1994 , section 36G (3) . (sec.13-ssec.1) An accreditation document for the accreditation may be in the form, or partly in the form, of a smartcard accreditation. (sec.13-ssec.2) A smartcard accreditation may be in the form of a smartcard transport authority. See also— the Transport Planning and Coordination Act 1994 , section 36G for when the chief executive may issue a smartcard transport authority under that Act; and the Transport Planning and Coordination Regulation 2017 , section 7 for when the chief executive may issue an interim transport authority and when an interim transport authority has effect as a smartcard transport authority. (sec.13-ssec.3) A smartcard accreditation that is in the form of a smartcard transport authority may include information about 1 or more other transport authorities held by the holder of the accreditation. (sec.13-ssec.4) In this section— transport authority see the Transport Planning and Coordination Act 1994 , section 36G (3) .
An accreditation document given to the holder of the accreditation may— indicate the following by way of a code, expression or otherwise— that the holder holds the accreditation; whether the accreditation is subject to a condition; or contain information about— the accreditation; or the holder’s personal particulars. A code or expression mentioned in subsection (1) (a) may be— stated on the accreditation document; or stored electronically on a smartcard accreditation. Subsection (1) does not limit the information that an accreditation document may contain. (sec.14-ssec.1) An accreditation document given to the holder of the accreditation may— indicate the following by way of a code, expression or otherwise— that the holder holds the accreditation; whether the accreditation is subject to a condition; or contain information about— the accreditation; or the holder’s personal particulars. (sec.14-ssec.2) A code or expression mentioned in subsection (1) (a) may be— stated on the accreditation document; or stored electronically on a smartcard accreditation. (sec.14-ssec.3) Subsection (1) does not limit the information that an accreditation document may contain.
The expression ‘tow truck driver’ on an accreditation document indicates that the person given the document is the holder of a driver accreditation. The expression ‘tow truck assistant’ on an accreditation document indicates that the person given the document is the holder of an assistant accreditation. (sec.15-ssec.1) The expression ‘tow truck driver’ on an accreditation document indicates that the person given the document is the holder of a driver accreditation. (sec.15-ssec.2) The expression ‘tow truck assistant’ on an accreditation document indicates that the person given the document is the holder of an assistant accreditation.
The code ‘N’ stated on an accreditation document for the accreditation indicates that the accreditation is not subject to any conditions. The code ‘Y’ stated on an accreditation document for the accreditation indicates that the accreditation is subject to a condition. The code ‘TEXT’ stored on a smartcard accreditation indicates that the accreditation is subject to a condition. (sec.16-ssec.1) The code ‘N’ stated on an accreditation document for the accreditation indicates that the accreditation is not subject to any conditions. (sec.16-ssec.2) The code ‘Y’ stated on an accreditation document for the accreditation indicates that the accreditation is subject to a condition. (sec.16-ssec.3) The code ‘TEXT’ stored on a smartcard accreditation indicates that the accreditation is subject to a condition.
The holder of an accreditation may apply to the chief executive for a replacement accreditation document if— information stated on the accreditation document for the accreditation, or a part of the document, (the original accreditation document ) is incorrect; or the holder becomes aware, or reasonably suspects, the accreditation document for the accreditation, or a part of the document, (also the original accreditation document ) has been damaged, lost or stolen. See also section 42 for the holder’s obligation if an accreditation document has been damaged, lost or stolen. Also, the holder of a driver accreditation or an assistant accreditation that is in the form, or partly in the form, of a smartcard accreditation may apply to the chief executive for a replacement smartcard accreditation if the holder believes that confidential information on the smartcard accreditation has been accessed by or disclosed to an unauthorised person. An application under subsection (1) or (2) must be accompanied by the fee for the application under section 110 . For other requirements in relation to the application, see part 2 , division 2 . However, subsection (3) does not apply to an application for a replacement smartcard accreditation under subsection (1) (b) if the chief executive is satisfied the smartcard accreditation was not received by the holder because it has been lost or stolen. Also, the chief executive may waive payment of the fee mentioned in subsection (3) if— for an application under subsection (1) (a) or (2) —the chief executive considers it is appropriate in the circumstances; or for an application under subsection (1) (b) —the chief executive is satisfied the original accreditation document was damaged or lost because of a natural disaster. In addition, for an application for a replacement smartcard accreditation under subsection (1) (b) , the chief executive may waive payment of the fee mentioned in subsection (3) if the application is for the replacement of a smartcard accreditation that was— damaged or lost as a result of a person, other than the holder, committing an indictable offence that is a crime or misdemeanour; or stolen. s 17 amd 2025 SL No. 127 s 4 (sec.17-ssec.1) The holder of an accreditation may apply to the chief executive for a replacement accreditation document if— information stated on the accreditation document for the accreditation, or a part of the document, (the original accreditation document ) is incorrect; or the holder becomes aware, or reasonably suspects, the accreditation document for the accreditation, or a part of the document, (also the original accreditation document ) has been damaged, lost or stolen. See also section 42 for the holder’s obligation if an accreditation document has been damaged, lost or stolen. (sec.17-ssec.2) Also, the holder of a driver accreditation or an assistant accreditation that is in the form, or partly in the form, of a smartcard accreditation may apply to the chief executive for a replacement smartcard accreditation if the holder believes that confidential information on the smartcard accreditation has been accessed by or disclosed to an unauthorised person. (sec.17-ssec.3) An application under subsection (1) or (2) must be accompanied by the fee for the application under section 110 . For other requirements in relation to the application, see part 2 , division 2 . (sec.17-ssec.4) However, subsection (3) does not apply to an application for a replacement smartcard accreditation under subsection (1) (b) if the chief executive is satisfied the smartcard accreditation was not received by the holder because it has been lost or stolen. (sec.17-ssec.5) Also, the chief executive may waive payment of the fee mentioned in subsection (3) if— for an application under subsection (1) (a) or (2) —the chief executive considers it is appropriate in the circumstances; or for an application under subsection (1) (b) —the chief executive is satisfied the original accreditation document was damaged or lost because of a natural disaster. (sec.17-ssec.6) In addition, for an application for a replacement smartcard accreditation under subsection (1) (b) , the chief executive may waive payment of the fee mentioned in subsection (3) if the application is for the replacement of a smartcard accreditation that was— damaged or lost as a result of a person, other than the holder, committing an indictable offence that is a crime or misdemeanour; or stolen.
After receiving an application under section 17 (1) (a) or (b) , the chief executive must give the applicant a replacement accreditation document if satisfied— for an application under section 17 (1) (a) —the information on the original accreditation document is incorrect; or for an application under section 17 (1) (b) —the original accreditation document has been damaged, lost or stolen. However, if an application under section 17 (1) (a) or (b) relates to part of the accreditation document only, the chief executive need only give a replacement document for the part. After receiving an application under section 17 (2) , the chief executive must give the applicant a replacement smartcard accreditation. If the accreditation is suspended, the chief executive is not required to comply with this section until after the suspension ends. (sec.18-ssec.1) After receiving an application under section 17 (1) (a) or (b) , the chief executive must give the applicant a replacement accreditation document if satisfied— for an application under section 17 (1) (a) —the information on the original accreditation document is incorrect; or for an application under section 17 (1) (b) —the original accreditation document has been damaged, lost or stolen. (sec.18-ssec.2) However, if an application under section 17 (1) (a) or (b) relates to part of the accreditation document only, the chief executive need only give a replacement document for the part. (sec.18-ssec.3) After receiving an application under section 17 (2) , the chief executive must give the applicant a replacement smartcard accreditation. (sec.18-ssec.4) If the accreditation is suspended, the chief executive is not required to comply with this section until after the suspension ends.
This section applies if— the holder of an accreditation makes an application under section 17 (1) (b) in relation to a smartcard accreditation (the original smartcard accreditation ); and after a replacement smartcard accreditation is given to the holder in relation to the application, the original smartcard accreditation comes into, or returns to, the holder’s possession. The holder must destroy the original smartcard accreditation within 14 days after the day the original smartcard accreditation comes into, or returns to, the holder’s possession, unless the holder has a reasonable excuse. Maximum penalty—20 penalty units. (sec.19-ssec.1) This section applies if— the holder of an accreditation makes an application under section 17 (1) (b) in relation to a smartcard accreditation (the original smartcard accreditation ); and after a replacement smartcard accreditation is given to the holder in relation to the application, the original smartcard accreditation comes into, or returns to, the holder’s possession. (sec.19-ssec.2) The holder must destroy the original smartcard accreditation within 14 days after the day the original smartcard accreditation comes into, or returns to, the holder’s possession, unless the holder has a reasonable excuse. Maximum penalty—20 penalty units.
This section applies in relation to a smartcard accreditation for an accreditation (the original smartcard accreditation ) if— the accreditation is surrendered; or the accreditation is renewed; or the chief executive gives the holder of the accreditation a replacement smartcard accreditation for the accreditation. The chief executive may, by notice given to the holder of the accreditation, direct the holder to do 1 of the following within a stated period— to return the original smartcard accreditation to the chief executive; to destroy the original smartcard accreditation. The holder of the accreditation must comply with the direction unless the holder has a reasonable excuse. Maximum penalty for subsection (3) —20 penalty units. (sec.20-ssec.1) This section applies in relation to a smartcard accreditation for an accreditation (the original smartcard accreditation ) if— the accreditation is surrendered; or the accreditation is renewed; or the chief executive gives the holder of the accreditation a replacement smartcard accreditation for the accreditation. (sec.20-ssec.2) The chief executive may, by notice given to the holder of the accreditation, direct the holder to do 1 of the following within a stated period— to return the original smartcard accreditation to the chief executive; to destroy the original smartcard accreditation. (sec.20-ssec.3) The holder of the accreditation must comply with the direction unless the holder has a reasonable excuse. Maximum penalty for subsection (3) —20 penalty units.
For section 38 (g) of the Act , the following grounds are prescribed for amending, suspending or cancelling an operator accreditation— the holder of the accreditation has not complied with— a condition of the accreditation; or a condition of a temporary holding yard approval in effect for the accreditation; none of the following apply in relation to an authorised holding yard for the accreditation— the holding yard is owned or leased by the holder of the accreditation only or, if the holder is a partnership, 1 or more of the partners in the partnership only; the holding yard is also an authorised holding yard for another operator accreditation and is owned or leased by the holder of the other accreditation only or, if the holder of the other accreditation is a partnership, 1 or more of the partners in the partnership only; the holder of the accreditation has sufficient control of the holding yard to prevent unauthorised persons from entering the holding yard or the unauthorised removal of motor vehicles or property from the holding yard; an authorised tow truck for the accreditation has, during the period of the accreditation, been used on a road in contravention of the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 , section 10 ; the holder of the accreditation has not complied with a direction given to the holder under section 109 within— the period stated in the direction; or if the chief executive has extended the period for complying with the direction under section 109 (4) , the extended period.
For section 38 (g) of the Act , the following grounds are prescribed for amending, suspending or cancelling a driver accreditation or an assistant accreditation— the holder of the accreditation has not complied with a condition of the accreditation; for a driver accreditation— the holder of the accreditation does not hold a relevant driver licence; or the holder of the accreditation has, during the period of the accreditation, used a tow truck on a road in contravention of the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 , section 10 . In this section— relevant driver licence see section 46 of the Act . (sec.22-ssec.1) For section 38 (g) of the Act , the following grounds are prescribed for amending, suspending or cancelling a driver accreditation or an assistant accreditation— the holder of the accreditation has not complied with a condition of the accreditation; for a driver accreditation— the holder of the accreditation does not hold a relevant driver licence; or the holder of the accreditation has, during the period of the accreditation, used a tow truck on a road in contravention of the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 , section 10 . (sec.22-ssec.2) In this section— relevant driver licence see section 46 of the Act .
For section 46 of the Act , definition relevant driver licence , paragraph (a) and section 50 (3) (b) of the Act , a class stated in the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 , section 4 (2) is prescribed.
The holder of an operator accreditation must keep the following documents— the accreditation document for the accreditation; each notice in relation to the accreditation given to the holder by the chief executive under part 2 or 3 of the Act within the last 5 years; notice of an exemption decision given to the holder under section 133 of the Act if the exemption decision— is in effect; or has stopped having effect within the last 5 years; notice of the revocation of an exemption decision given to the holder under section 91 (2) (b) or 96 (2) within the last 5 years; notice of a temporary holding yard approval given to the holder under section 100 (1) if the approval— is in effect; or has stopped having effect within the last 5 years; a notice extending the period of a temporary holding yard approval given to the holder under section 102 (4) or 103 (6) if the approval— is in effect; or has stopped having effect within the last 5 years; each private property towing consent relating to an arrangement between the holder and an occupier of private property that— is in effect; or has stopped having effect within the last 2 years; a copy of each towing authority given within the last 2 years for the towing of a motor vehicle under the accreditation. Maximum penalty— for paragraphs (a) to (f) —20 penalty units; or for paragraphs (g) and (h) —30 penalty units. The holder of the operator accreditation must ensure that— a document kept under subsection (1) , including any copy of the document, is kept in a way that prevents an unauthorised person from accessing the document or copy; and locking a hard copy document in a filing cabinet using a strong password for accessing a device on which an electronic document is stored a document kept under subsection (1) is kept in a way that prevents the document from being damaged, lost or stolen. Maximum penalty—20 penalty units. The holder of the operator accreditation does not commit an offence against subsection (1) or (2) if the holder has a reasonable excuse. (sec.24-ssec.1) The holder of an operator accreditation must keep the following documents— the accreditation document for the accreditation; each notice in relation to the accreditation given to the holder by the chief executive under part 2 or 3 of the Act within the last 5 years; notice of an exemption decision given to the holder under section 133 of the Act if the exemption decision— is in effect; or has stopped having effect within the last 5 years; notice of the revocation of an exemption decision given to the holder under section 91 (2) (b) or 96 (2) within the last 5 years; notice of a temporary holding yard approval given to the holder under section 100 (1) if the approval— is in effect; or has stopped having effect within the last 5 years; a notice extending the period of a temporary holding yard approval given to the holder under section 102 (4) or 103 (6) if the approval— is in effect; or has stopped having effect within the last 5 years; each private property towing consent relating to an arrangement between the holder and an occupier of private property that— is in effect; or has stopped having effect within the last 2 years; a copy of each towing authority given within the last 2 years for the towing of a motor vehicle under the accreditation. Maximum penalty— for paragraphs (a) to (f) —20 penalty units; or for paragraphs (g) and (h) —30 penalty units. (sec.24-ssec.2) The holder of the operator accreditation must ensure that— a document kept under subsection (1) , including any copy of the document, is kept in a way that prevents an unauthorised person from accessing the document or copy; and locking a hard copy document in a filing cabinet using a strong password for accessing a device on which an electronic document is stored a document kept under subsection (1) is kept in a way that prevents the document from being damaged, lost or stolen. Maximum penalty—20 penalty units. (sec.24-ssec.3) The holder of the operator accreditation does not commit an offence against subsection (1) or (2) if the holder has a reasonable excuse.
This section applies if, under an operator accreditation— regulated towing is carried out in relation to a motor vehicle; or a motor vehicle is released under section 58 . The holder of the operator accreditation must— record the prescribed particulars for the motor vehicle within 24 hours after the particulars are given to, or become known to, the holder; and keep the record for at least 2 years from the day the record is made. Maximum penalty—20 penalty units. See also part 9 , division 4 for the requirement to keep records and material about charges. The record— must state the day the record is made; and may be kept in hard copy or electronic form. The holder of the operator accreditation must ensure that— the record, including any copy of the record, is kept in a way that prevents an unauthorised person from accessing the record or copy; and locking a hard copy record in a filing cabinet using a strong password for accessing a device on which an electronic record is stored the record is kept in a way that prevents the record from being damaged, lost or stolen. Maximum penalty—20 penalty units. The holder of the operator accreditation does not commit an offence against subsection (2) (b) or (4) if the holder has a reasonable excuse. In this section— prescribed particulars means— for a motor vehicle towed from the scene of an incident or a seized motor vehicle towed from the place of seizure— the name and address of the person who gave the holder of the operator accreditation information about the incident or seizure; and the place, day and approximate time of the incident or seizure; and the make, and registration or other identification number, of the vehicle; and the registration or other identification number of each authorised tow truck for the operator accreditation that attended the scene of the incident or place of seizure; and the name of the holder of the driver accreditation who towed the vehicle; and the name of each holder of a driver accreditation or assistant accreditation who assisted with the tow; and if there is a towing authority for the vehicle—the day and time the vehicle arrived at the premises stated in the towing authority for the vehicle; or for a motor vehicle in relation to which private property towing is carried out— the name and address of the occupier of the private property on which the vehicle was parked; and the make, and registration or other identification number, of the vehicle; and how the holder of the operator accreditation became aware of the vehicle’s presence on the private property; and if a person told the holder of the operator accreditation about the vehicle’s presence on the private property—the name and address of the person; and the registration or other identification number of each authorised tow truck for the operator accreditation that attended the private property; and the name of the holder of the driver accreditation who towed the vehicle; and the name of each holder of a driver accreditation or assistant accreditation who assisted with the tow; and the day and approximate time the vehicle was moved from the private property; and the day and time the vehicle arrived at an authorised holding yard for the operator accreditation; or for a motor vehicle released under section 58 — the matters mentioned in paragraph (b) (i) to (v) ; and the name of each holder of a driver accreditation or assistant accreditation who was involved in lifting or loading the vehicle onto the tow truck and securing it to the tow truck; and the day and approximate time the vehicle was released. (sec.25-ssec.1) This section applies if, under an operator accreditation— regulated towing is carried out in relation to a motor vehicle; or a motor vehicle is released under section 58 . (sec.25-ssec.2) The holder of the operator accreditation must— record the prescribed particulars for the motor vehicle within 24 hours after the particulars are given to, or become known to, the holder; and keep the record for at least 2 years from the day the record is made. Maximum penalty—20 penalty units. See also part 9 , division 4 for the requirement to keep records and material about charges. (sec.25-ssec.3) The record— must state the day the record is made; and may be kept in hard copy or electronic form. (sec.25-ssec.4) The holder of the operator accreditation must ensure that— the record, including any copy of the record, is kept in a way that prevents an unauthorised person from accessing the record or copy; and locking a hard copy record in a filing cabinet using a strong password for accessing a device on which an electronic record is stored the record is kept in a way that prevents the record from being damaged, lost or stolen. Maximum penalty—20 penalty units. (sec.25-ssec.5) The holder of the operator accreditation does not commit an offence against subsection (2) (b) or (4) if the holder has a reasonable excuse. (sec.25-ssec.6) In this section— prescribed particulars means— for a motor vehicle towed from the scene of an incident or a seized motor vehicle towed from the place of seizure— the name and address of the person who gave the holder of the operator accreditation information about the incident or seizure; and the place, day and approximate time of the incident or seizure; and the make, and registration or other identification number, of the vehicle; and the registration or other identification number of each authorised tow truck for the operator accreditation that attended the scene of the incident or place of seizure; and the name of the holder of the driver accreditation who towed the vehicle; and the name of each holder of a driver accreditation or assistant accreditation who assisted with the tow; and if there is a towing authority for the vehicle—the day and time the vehicle arrived at the premises stated in the towing authority for the vehicle; or for a motor vehicle in relation to which private property towing is carried out— the name and address of the occupier of the private property on which the vehicle was parked; and the make, and registration or other identification number, of the vehicle; and how the holder of the operator accreditation became aware of the vehicle’s presence on the private property; and if a person told the holder of the operator accreditation about the vehicle’s presence on the private property—the name and address of the person; and the registration or other identification number of each authorised tow truck for the operator accreditation that attended the private property; and the name of the holder of the driver accreditation who towed the vehicle; and the name of each holder of a driver accreditation or assistant accreditation who assisted with the tow; and the day and approximate time the vehicle was moved from the private property; and the day and time the vehicle arrived at an authorised holding yard for the operator accreditation; or for a motor vehicle released under section 58 — the matters mentioned in paragraph (b) (i) to (v) ; and the name of each holder of a driver accreditation or assistant accreditation who was involved in lifting or loading the vehicle onto the tow truck and securing it to the tow truck; and the day and approximate time the vehicle was released.
This section applies if— a motor vehicle— is damaged in an incident in a regulated area; or is seized in a regulated area; and the holder of a driver accreditation or an assistant accreditation attends the scene of the incident, or place of seizure, with a tow truck; and the accreditation document for the driver accreditation or assistant accreditation is in the form, or partly in the form, of a smartcard accreditation. See also— section 13 (2) for the form of a smartcard accreditation; and the Transport Planning and Coordination Regulation 2017 , section 7 for when an interim transport authority has effect as a smartcard transport authority. Also, this section applies if— the holder of a driver accreditation or an assistant accreditation— is travelling in an authorised tow truck for an operator accreditation; or is operating, or assisting with the operation of, a tow truck to carry out private property towing; and the accreditation document for the driver accreditation or assistant accreditation is in the form, or partly in the form, of a smartcard accreditation. The holder of the driver accreditation or assistant accreditation must, if asked by an authorised officer, produce the smartcard accreditation to the officer for inspection unless the holder has a reasonable excuse. Maximum penalty—40 penalty units. It is not a reasonable excuse for the holder of the driver accreditation or assistant accreditation to fail to comply with subsection (3) that the holder does not have the smartcard accreditation in the holder’s immediate possession other than because the smartcard accreditation has been lost or stolen. See also section 42 for the holder’s obligation if an accreditation document has been damaged, lost or stolen. (sec.26-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; and the holder of a driver accreditation or an assistant accreditation attends the scene of the incident, or place of seizure, with a tow truck; and the accreditation document for the driver accreditation or assistant accreditation is in the form, or partly in the form, of a smartcard accreditation. See also— section 13 (2) for the form of a smartcard accreditation; and the Transport Planning and Coordination Regulation 2017 , section 7 for when an interim transport authority has effect as a smartcard transport authority. (sec.26-ssec.2) Also, this section applies if— the holder of a driver accreditation or an assistant accreditation— is travelling in an authorised tow truck for an operator accreditation; or is operating, or assisting with the operation of, a tow truck to carry out private property towing; and the accreditation document for the driver accreditation or assistant accreditation is in the form, or partly in the form, of a smartcard accreditation. (sec.26-ssec.3) The holder of the driver accreditation or assistant accreditation must, if asked by an authorised officer, produce the smartcard accreditation to the officer for inspection unless the holder has a reasonable excuse. Maximum penalty—40 penalty units. (sec.26-ssec.4) It is not a reasonable excuse for the holder of the driver accreditation or assistant accreditation to fail to comply with subsection (3) that the holder does not have the smartcard accreditation in the holder’s immediate possession other than because the smartcard accreditation has been lost or stolen. See also section 42 for the holder’s obligation if an accreditation document has been damaged, lost or stolen.
The holder of an operator accreditation must ensure that neither of the following is displayed on an authorised tow truck for the accreditation, including on a sign or equipment attached to the tow truck— advertising, markings or particulars relating to a tow truck business or another business that involves providing a towing service for motor vehicles, other than the authorised tow truck business for the accreditation; restricted advertising. Maximum penalty—20 penalty units. However, this section does not apply in relation to the displaying of the business name, business address, contact details or logo of an organisation that provides a roadside assistance service to motorists, including through an arrangement with another provider. telephone number, email address, website address, social media handle (sec.27-ssec.1) The holder of an operator accreditation must ensure that neither of the following is displayed on an authorised tow truck for the accreditation, including on a sign or equipment attached to the tow truck— advertising, markings or particulars relating to a tow truck business or another business that involves providing a towing service for motor vehicles, other than the authorised tow truck business for the accreditation; restricted advertising. Maximum penalty—20 penalty units. (sec.27-ssec.2) However, this section does not apply in relation to the displaying of the business name, business address, contact details or logo of an organisation that provides a roadside assistance service to motorists, including through an arrangement with another provider. telephone number, email address, website address, social media handle
The holder of an operator accreditation must ensure that an authorised tow truck for the accreditation complies with schedule 1 , sections 5 to 8 . Maximum penalty—20 penalty units.
The holder of an operator accreditation must not direct a person to operate an authorised tow truck for the accreditation to carry out regulated towing if the operation contravenes schedule 1 , section 4 . Maximum penalty—20 penalty units.
This section applies if— the holder of an operator accreditation disposes of an authorised tow truck for the accreditation; or the chief executive approves an amendment application to remove a tow truck as an authorised tow truck for an operator accreditation. The holder of the operator accreditation must, before disposing of the tow truck or the day that is 2 days after the day the amendment application is approved, remove from the tow truck any markings that indicate, or tend to indicate, the tow truck is an authorised tow truck for the accreditation. Maximum penalty—20 penalty units. However, this section does not apply if the amendment application is made under section 31 (2) . (sec.30-ssec.1) This section applies if— the holder of an operator accreditation disposes of an authorised tow truck for the accreditation; or the chief executive approves an amendment application to remove a tow truck as an authorised tow truck for an operator accreditation. (sec.30-ssec.2) The holder of the operator accreditation must, before disposing of the tow truck or the day that is 2 days after the day the amendment application is approved, remove from the tow truck any markings that indicate, or tend to indicate, the tow truck is an authorised tow truck for the accreditation. Maximum penalty—20 penalty units. (sec.30-ssec.3) However, this section does not apply if the amendment application is made under section 31 (2) .
This section applies if— the holder of an operator accreditation disposes of an authorised tow truck for the accreditation; or both of the following apply— the registered owner of an authorised tow truck for an operator accreditation is a person other than the holder of the accreditation; the registered owner or their agent notifies the holder of the accreditation that the tow truck may no longer be used as an authorised tow truck for the accreditation. The holder of the operator accreditation must, before the day that is 14 days after the day the holder disposes of the tow truck or the notification is given, make an amendment application to remove the tow truck as an authorised tow truck for the accreditation. Maximum penalty—20 penalty units. In this section— registered owner , of a tow truck, means the person in whose name the tow truck is registered under the Transport Operations (Road Use Management) Act 1995 or a law of the Commonwealth or another State that provides for the registration of motor vehicles. (sec.31-ssec.1) This section applies if— the holder of an operator accreditation disposes of an authorised tow truck for the accreditation; or both of the following apply— the registered owner of an authorised tow truck for an operator accreditation is a person other than the holder of the accreditation; the registered owner or their agent notifies the holder of the accreditation that the tow truck may no longer be used as an authorised tow truck for the accreditation. (sec.31-ssec.2) The holder of the operator accreditation must, before the day that is 14 days after the day the holder disposes of the tow truck or the notification is given, make an amendment application to remove the tow truck as an authorised tow truck for the accreditation. Maximum penalty—20 penalty units. (sec.31-ssec.3) In this section— registered owner , of a tow truck, means the person in whose name the tow truck is registered under the Transport Operations (Road Use Management) Act 1995 or a law of the Commonwealth or another State that provides for the registration of motor vehicles.
This section applies if— the holder of an operator accreditation makes an amendment application to remove a tow truck as an authorised tow truck for the accreditation; and the chief executive has given the holder a hard copy approved form for a towing authority for the tow truck; and the approved form has not been completed. The chief executive has given the holder a hard copy booklet containing approved forms for a towing authority for the tow truck and some of the forms in the booklet have not been completed. The holder of the operator accreditation must, within 2 days after the day the amendment application is made, return the approved form to the chief executive. Maximum penalty—20 penalty units. (sec.32-ssec.1) This section applies if— the holder of an operator accreditation makes an amendment application to remove a tow truck as an authorised tow truck for the accreditation; and the chief executive has given the holder a hard copy approved form for a towing authority for the tow truck; and the approved form has not been completed. The chief executive has given the holder a hard copy booklet containing approved forms for a towing authority for the tow truck and some of the forms in the booklet have not been completed. (sec.32-ssec.2) The holder of the operator accreditation must, within 2 days after the day the amendment application is made, return the approved form to the chief executive. Maximum penalty—20 penalty units.
This section applies if— the chief executive approves an amendment application to remove a tow truck as an authorised tow truck for an operator accreditation; and after the approval is given, there are no authorised tow trucks for the accreditation; and within 90 days after the day the approval is given, an amendment application to state another tow truck as an authorised tow truck for the accreditation has not been approved. The holder of the operator accreditation must, within 90 days after the day the approval mentioned in subsection (1) (a) is given, surrender the accreditation under section 35 of the Act . Maximum penalty—20 penalty units. (sec.33-ssec.1) This section applies if— the chief executive approves an amendment application to remove a tow truck as an authorised tow truck for an operator accreditation; and after the approval is given, there are no authorised tow trucks for the accreditation; and within 90 days after the day the approval is given, an amendment application to state another tow truck as an authorised tow truck for the accreditation has not been approved. (sec.33-ssec.2) The holder of the operator accreditation must, within 90 days after the day the approval mentioned in subsection (1) (a) is given, surrender the accreditation under section 35 of the Act . Maximum penalty—20 penalty units.
The holder of a driver accreditation must not operate an authorised tow truck for an operator accreditation to carry out regulated towing if the operation contravenes schedule 1 , section 4 . Maximum penalty—20 penalty units.
In this division— relevant person means— the holder of an accreditation; or an executive officer of a corporation that is the holder of an operator accreditation; or a partner in a partnership that is the holder of an operator accreditation.
A relevant person must not, while carrying out an activity under an operator accreditation— seek business for someone other than the holder of the operator accreditation; or promote a business that involves— the carrying out or arranging of vehicle repairs; or providing vehicle insurance or assisting with claims for vehicle insurance; or the hiring, purchasing or lending of vehicles; or providing legal services; or display advertising, markings or particulars relating to a tow truck business or another business that involves providing a towing service for motor vehicles, other than the authorised tow truck business for the operator accreditation; or display restricted advertising. Maximum penalty—20 penalty units. Without limiting subsection (1) (c) or (d) , a person displays advertising, markings or particulars if the person wears clothing that displays advertising, markings or particulars. However, a person does not commit an offence against subsection (1) merely because— the person displays the business name, business address, contact details or logo of an organisation that provides a roadside assistance service to motorists, including through an arrangement with another provider; or telephone number, email address, website address, social media handle the person provides information to someone else about a roadside assistance service provided to motorists by an organisation, including through an arrangement with another provider; or advertising, markings or particulars are displayed on an authorised tow truck for the operator accreditation or on a sign or equipment attached to the tow truck. For the display of advertising, markings or particulars on an authorised tow truck for an operator accreditation, or on a sign or equipment attached to the tow truck, see section 27 . (sec.36-ssec.1) A relevant person must not, while carrying out an activity under an operator accreditation— seek business for someone other than the holder of the operator accreditation; or promote a business that involves— the carrying out or arranging of vehicle repairs; or providing vehicle insurance or assisting with claims for vehicle insurance; or the hiring, purchasing or lending of vehicles; or providing legal services; or display advertising, markings or particulars relating to a tow truck business or another business that involves providing a towing service for motor vehicles, other than the authorised tow truck business for the operator accreditation; or display restricted advertising. Maximum penalty—20 penalty units. (sec.36-ssec.2) Without limiting subsection (1) (c) or (d) , a person displays advertising, markings or particulars if the person wears clothing that displays advertising, markings or particulars. (sec.36-ssec.3) However, a person does not commit an offence against subsection (1) merely because— the person displays the business name, business address, contact details or logo of an organisation that provides a roadside assistance service to motorists, including through an arrangement with another provider; or telephone number, email address, website address, social media handle the person provides information to someone else about a roadside assistance service provided to motorists by an organisation, including through an arrangement with another provider; or advertising, markings or particulars are displayed on an authorised tow truck for the operator accreditation or on a sign or equipment attached to the tow truck. For the display of advertising, markings or particulars on an authorised tow truck for an operator accreditation, or on a sign or equipment attached to the tow truck, see section 27 .
This section applies if a motor vehicle is damaged in an incident in a regulated area. A relevant person must not, while the owner of the motor vehicle or the owner’s agent is at the scene of the incident, obtain or attempt to obtain the authority of the owner or the owner’s agent for the carrying out of a service other than a towing service. obtaining or attempting to obtain the owner’s authority for the carrying out of repairs to the motor vehicle by someone else Maximum penalty—40 penalty units. Subsection (4) applies if the motor vehicle is towed by a tow truck from the scene of the incident to premises stated in a towing authority for the vehicle. A relevant person must not, before the motor vehicle arrives at the premises, obtain or attempt to obtain the authority of the owner of the vehicle, or the owner’s agent, for the carrying out of a service. Maximum penalty—40 penalty units. (sec.37-ssec.1) This section applies if a motor vehicle is damaged in an incident in a regulated area. (sec.37-ssec.2) A relevant person must not, while the owner of the motor vehicle or the owner’s agent is at the scene of the incident, obtain or attempt to obtain the authority of the owner or the owner’s agent for the carrying out of a service other than a towing service. obtaining or attempting to obtain the owner’s authority for the carrying out of repairs to the motor vehicle by someone else Maximum penalty—40 penalty units. (sec.37-ssec.3) Subsection (4) applies if the motor vehicle is towed by a tow truck from the scene of the incident to premises stated in a towing authority for the vehicle. (sec.37-ssec.4) A relevant person must not, before the motor vehicle arrives at the premises, obtain or attempt to obtain the authority of the owner of the vehicle, or the owner’s agent, for the carrying out of a service. Maximum penalty—40 penalty units.
This section applies if— a motor vehicle is damaged in an incident in a regulated area; and a relevant person attends the scene of the incident with a tow truck. Also, this section applies if— 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 private property; and a private property towing consent, relating to an arrangement between the holder of an operator accreditation and the occupier of the private property, is in effect for the property; and any of the following persons attend the private property with a tow truck— the holder of the operator accreditation; if the holder of the operator accreditation is a corporation—an executive officer of the corporation; if the holder of the operator accreditation is a partnership—a partner in the partnership; the holder of a driver accreditation or an assistant accreditation who is an employee of the authorised tow truck business for the operator accreditation. The person must not directly or indirectly— intimidate or harass someone else at the scene of the incident or on the private property; or abuse someone else at the scene of the incident or on the private property. Maximum penalty—50 penalty units. (sec.38-ssec.1) This section applies if— a motor vehicle is damaged in an incident in a regulated area; and a relevant person attends the scene of the incident with a tow truck. (sec.38-ssec.2) Also, this section applies if— 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 private property; and a private property towing consent, relating to an arrangement between the holder of an operator accreditation and the occupier of the private property, is in effect for the property; and any of the following persons attend the private property with a tow truck— the holder of the operator accreditation; if the holder of the operator accreditation is a corporation—an executive officer of the corporation; if the holder of the operator accreditation is a partnership—a partner in the partnership; the holder of a driver accreditation or an assistant accreditation who is an employee of the authorised tow truck business for the operator accreditation. (sec.38-ssec.3) The person must not directly or indirectly— intimidate or harass someone else at the scene of the incident or on the private property; or abuse someone else at the scene of the incident or on the private property. Maximum penalty—50 penalty units.
This section applies if— a motor vehicle is damaged in an incident in a regulated area; and a relevant person attends the scene of the incident with a tow truck. The relevant person must not obstruct the delivery of first aid or medical treatment to someone else at the scene of the incident. Maximum penalty—50 penalty units. In this section— obstruct includes hinder and attempt to obstruct. (sec.39-ssec.1) This section applies if— a motor vehicle is damaged in an incident in a regulated area; and a relevant person attends the scene of the incident with a tow truck. (sec.39-ssec.2) The relevant person must not obstruct the delivery of first aid or medical treatment to someone else at the scene of the incident. Maximum penalty—50 penalty units. (sec.39-ssec.3) In this section— obstruct includes hinder and attempt to obstruct.
This section applies if— a motor vehicle is damaged in an incident in a regulated area; and the holder of a driver accreditation attends the scene of the incident; and the owner of the motor vehicle, or the owner’s agent, appears unable to make an informed decision about whether to give a towing authority for the vehicle. an owner or agent who has been injured in the incident an owner or agent who is distressed as a result of another person being killed or injured in the incident The holder must not, either directly or indirectly, obtain or attempt to obtain the owner’s or agent’s signature on, or approval of, a towing authority for the motor vehicle. Maximum penalty—50 penalty units. (sec.40-ssec.1) This section applies if— a motor vehicle is damaged in an incident in a regulated area; and the holder of a driver accreditation attends the scene of the incident; and the owner of the motor vehicle, or the owner’s agent, appears unable to make an informed decision about whether to give a towing authority for the vehicle. an owner or agent who has been injured in the incident an owner or agent who is distressed as a result of another person being killed or injured in the incident (sec.40-ssec.2) The holder must not, either directly or indirectly, obtain or attempt to obtain the owner’s or agent’s signature on, or approval of, a towing authority for the motor vehicle. Maximum penalty—50 penalty units.
This section applies if— a motor vehicle is damaged in an incident in a regulated area; and a relevant person attends the scene of the incident with a tow truck. The relevant person must not remain at the scene of the incident unless— the tow truck is an authorised tow truck for the operator accreditation under which the person is acting; and the tow truck’s classification under schedule 1 , part 2 is appropriate for the towing of the motor vehicle; and if the tow truck is classified as a class 1 tow truck, class 2 tow truck or class 3 tow truck under schedule 1 , section 3 —the towing or lifting of the motor vehicle by the tow truck would not contravene schedule 1 , section 4 . Maximum penalty—20 penalty units. See also section 51 in relation to tow trucks remaining at the scene of an incident. A person does not commit an offence against subsection (2) if the person remains at the scene of the incident— to give first aid to someone injured in the incident; or in accordance with a direction or request by an authorised officer. Also, a person who is the holder of a driver accreditation or an assistant accreditation does not commit an offence against subsection (2) if— the holder is attending the scene of the incident for the purpose of assisting another person, who is already at the scene with another tow truck— to lift or load the motor vehicle onto the other tow truck and secure the vehicle to the other tow truck; or to clean the scene of the incident; and the other person holds a driver accreditation; and the holder and the other person are acting under the same operator accreditation. (sec.41-ssec.1) This section applies if— a motor vehicle is damaged in an incident in a regulated area; and a relevant person attends the scene of the incident with a tow truck. (sec.41-ssec.2) The relevant person must not remain at the scene of the incident unless— the tow truck is an authorised tow truck for the operator accreditation under which the person is acting; and the tow truck’s classification under schedule 1 , part 2 is appropriate for the towing of the motor vehicle; and if the tow truck is classified as a class 1 tow truck, class 2 tow truck or class 3 tow truck under schedule 1 , section 3 —the towing or lifting of the motor vehicle by the tow truck would not contravene schedule 1 , section 4 . Maximum penalty—20 penalty units. See also section 51 in relation to tow trucks remaining at the scene of an incident. (sec.41-ssec.3) A person does not commit an offence against subsection (2) if the person remains at the scene of the incident— to give first aid to someone injured in the incident; or in accordance with a direction or request by an authorised officer. (sec.41-ssec.4) Also, a person who is the holder of a driver accreditation or an assistant accreditation does not commit an offence against subsection (2) if— the holder is attending the scene of the incident for the purpose of assisting another person, who is already at the scene with another tow truck— to lift or load the motor vehicle onto the other tow truck and secure the vehicle to the other tow truck; or to clean the scene of the incident; and the other person holds a driver accreditation; and the holder and the other person are acting under the same operator accreditation.
This section applies if the holder of an accreditation becomes aware, or reasonably suspects, the accreditation document for the accreditation, or a part of the document, has been damaged, lost or stolen. The holder must, within 14 days after the day the holder becomes aware, or reasonably suspects, the accreditation document or part has been damaged, lost or stolen, apply for a replacement accreditation document under section 17 (1) (b) . Maximum penalty—20 penalty units. The holder does not commit an offence against subsection (2) if the holder has a reasonable excuse. (sec.42-ssec.1) This section applies if the holder of an accreditation becomes aware, or reasonably suspects, the accreditation document for the accreditation, or a part of the document, has been damaged, lost or stolen. (sec.42-ssec.2) The holder must, within 14 days after the day the holder becomes aware, or reasonably suspects, the accreditation document or part has been damaged, lost or stolen, apply for a replacement accreditation document under section 17 (1) (b) . Maximum penalty—20 penalty units. (sec.42-ssec.3) The holder does not commit an offence against subsection (2) if the holder has a reasonable excuse.
This section applies if the holder of an accreditation changes any of the following— the holder’s name or address; if there is a current postal address for the holder—the postal address. The holder must, within 14 days after the change, give the chief executive— for a change of name—written notice of the change; or for a change of address—oral or written notice of the change. Maximum penalty—10 penalty units. If the chief executive is satisfied the information given by the holder under subsection (2) is correct, the chief executive must— for a change of name—give the holder a replacement accreditation document for the accreditation that records the change of name; or for a change of address— give the holder a replacement accreditation document for the accreditation that records the change of address; or if the accreditation document for the accreditation is in the form, or partly in the form, of a smartcard accreditation—give the holder a change of address label for the smartcard accreditation. However, if the accreditation is suspended, the chief executive is not required to comply with subsection (3) until after the suspension ends. The holder must, within 14 days after the day a change of address label is received for a smartcard accreditation under subsection (3) (b) (ii) , attach the label to the back of the smartcard accreditation in the space provided for a change of address label. Maximum penalty—10 penalty units. The holder does not commit an offence against subsection (2) or (5) if the holder has a reasonable excuse. (sec.43-ssec.1) This section applies if the holder of an accreditation changes any of the following— the holder’s name or address; if there is a current postal address for the holder—the postal address. (sec.43-ssec.2) The holder must, within 14 days after the change, give the chief executive— for a change of name—written notice of the change; or for a change of address—oral or written notice of the change. Maximum penalty—10 penalty units. (sec.43-ssec.3) If the chief executive is satisfied the information given by the holder under subsection (2) is correct, the chief executive must— for a change of name—give the holder a replacement accreditation document for the accreditation that records the change of name; or for a change of address— give the holder a replacement accreditation document for the accreditation that records the change of address; or if the accreditation document for the accreditation is in the form, or partly in the form, of a smartcard accreditation—give the holder a change of address label for the smartcard accreditation. (sec.43-ssec.4) However, if the accreditation is suspended, the chief executive is not required to comply with subsection (3) until after the suspension ends. (sec.43-ssec.5) The holder must, within 14 days after the day a change of address label is received for a smartcard accreditation under subsection (3) (b) (ii) , attach the label to the back of the smartcard accreditation in the space provided for a change of address label. Maximum penalty—10 penalty units. (sec.43-ssec.6) The holder does not commit an offence against subsection (2) or (5) if the holder has a reasonable excuse.
This section applies if the holder of an accreditation becomes aware, or reasonably suspects, a change of address label given to the holder under section 43 (3) (b) (ii) for a smartcard accreditation (the original label ) has been damaged, lost or stolen. The holder must, within 14 days after the day the holder becomes aware, or reasonably suspects, the original label has been damaged, lost or stolen, ask the chief executive for a replacement change of address label. Maximum penalty—20 penalty units. If the chief executive is satisfied the original label has been damaged, lost or stolen, the chief executive must give the holder a replacement change of address label. However, if the accreditation is suspended, the chief executive is not required to comply with subsection (3) until after the suspension ends. The holder must, within 14 days after the day the replacement change of address label is received, attach the label to the back of the smartcard accreditation in the space provided for a change of address label. Maximum penalty—10 penalty units. The holder does not commit an offence against subsection (2) or (5) if the holder has a reasonable excuse. (sec.44-ssec.1) This section applies if the holder of an accreditation becomes aware, or reasonably suspects, a change of address label given to the holder under section 43 (3) (b) (ii) for a smartcard accreditation (the original label ) has been damaged, lost or stolen. (sec.44-ssec.2) The holder must, within 14 days after the day the holder becomes aware, or reasonably suspects, the original label has been damaged, lost or stolen, ask the chief executive for a replacement change of address label. Maximum penalty—20 penalty units. (sec.44-ssec.3) If the chief executive is satisfied the original label has been damaged, lost or stolen, the chief executive must give the holder a replacement change of address label. (sec.44-ssec.4) However, if the accreditation is suspended, the chief executive is not required to comply with subsection (3) until after the suspension ends. (sec.44-ssec.5) The holder must, within 14 days after the day the replacement change of address label is received, attach the label to the back of the smartcard accreditation in the space provided for a change of address label. Maximum penalty—10 penalty units. (sec.44-ssec.6) The holder does not commit an offence against subsection (2) or (5) if the holder has a reasonable excuse.
The holder of an operator accreditation that is a partnership must give the chief executive notice of the following events within 14 days after the day the event happens unless the holder has a reasonable excuse— a partner leaves the partnership; a partner dies. Maximum penalty—20 penalty units.
This section applies if the holder of an accreditation— has an obligation under this division to notify the chief executive of a notifiable event; and has an obligation under a prescribed smartcard Act to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002 , of the same notifiable event; and complies with the obligation under the prescribed smartcard Act. The obligation under this division to notify the chief executive of the notifiable event is taken to have been satisfied if, at the time the notification is given under the prescribed smartcard Act, any time allowed to make the notification under this division has not expired. In this section— notifiable event , in relation to the holder of an accreditation, means any of the following— a change of the holder’s name; a change of the holder’s address; if there is a current postal address for the holder—a change of the postal address. prescribed smartcard Act means any of the following Acts— the Photo Identification Card Act 2008 ; the Transport Operations (Marine Safety) Act 1994 ; the Transport Operations (Passenger Transport) Act 1994 ; the Transport Operations (Road Use Management) Act 1995 . (sec.46-ssec.1) This section applies if the holder of an accreditation— has an obligation under this division to notify the chief executive of a notifiable event; and has an obligation under a prescribed smartcard Act to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002 , of the same notifiable event; and complies with the obligation under the prescribed smartcard Act. (sec.46-ssec.2) The obligation under this division to notify the chief executive of the notifiable event is taken to have been satisfied if, at the time the notification is given under the prescribed smartcard Act, any time allowed to make the notification under this division has not expired. (sec.46-ssec.3) In this section— notifiable event , in relation to the holder of an accreditation, means any of the following— a change of the holder’s name; a change of the holder’s address; if there is a current postal address for the holder—a change of the postal address. prescribed smartcard Act means any of the following Acts— the Photo Identification Card Act 2008 ; the Transport Operations (Marine Safety) Act 1994 ; the Transport Operations (Passenger Transport) Act 1994 ; the Transport Operations (Road Use Management) Act 1995 .
This section applies if— a motor vehicle is damaged in an incident in a regulated area; and the holder of a driver accreditation— attends the scene of the incident; and makes an offer to a person to operate a tow truck to tow the vehicle from the scene of the incident; and the accreditation document for the driver accreditation is in the form, or partly in the form, of a smartcard accreditation. See also— section 13 (2) for the form of a smartcard accreditation; and the Transport Planning and Coordination Regulation 2017 , section 7 for when an interim transport authority has effect as a smartcard transport authority. The holder must, either before or when making the offer, produce the smartcard accreditation for inspection by the person unless the holder has a reasonable excuse. Maximum penalty—40 penalty units. It is not a reasonable excuse for the holder to fail to comply with subsection (2) that the holder does not have the smartcard accreditation in the holder’s immediate possession other than because the smartcard accreditation has been lost or stolen. See also section 42 for the holder’s obligation if an accreditation document has been damaged, lost or stolen. To remove any doubt, it is declared that this section applies whether or not the person asks the holder to produce the smartcard accreditation. (sec.47-ssec.1) This section applies if— a motor vehicle is damaged in an incident in a regulated area; and the holder of a driver accreditation— attends the scene of the incident; and makes an offer to a person to operate a tow truck to tow the vehicle from the scene of the incident; and the accreditation document for the driver accreditation is in the form, or partly in the form, of a smartcard accreditation. See also— section 13 (2) for the form of a smartcard accreditation; and the Transport Planning and Coordination Regulation 2017 , section 7 for when an interim transport authority has effect as a smartcard transport authority. (sec.47-ssec.2) The holder must, either before or when making the offer, produce the smartcard accreditation for inspection by the person unless the holder has a reasonable excuse. Maximum penalty—40 penalty units. (sec.47-ssec.3) It is not a reasonable excuse for the holder to fail to comply with subsection (2) that the holder does not have the smartcard accreditation in the holder’s immediate possession other than because the smartcard accreditation has been lost or stolen. See also section 42 for the holder’s obligation if an accreditation document has been damaged, lost or stolen. (sec.47-ssec.4) To remove any doubt, it is declared that this section applies whether or not the person asks the holder to produce the smartcard accreditation.
This section applies if a motor vehicle— is damaged in an incident in a regulated area; or is seized in a regulated area. The holder of a driver accreditation must not, either directly or indirectly, obtain or attempt to obtain the authorising person’s signature on, or approval of, a towing authority for the motor vehicle unless— the approved form for the towing authority is properly and fully completed, including stating the following information— the name of the holder of the driver accreditation; the name of the holder of the operator accreditation under which the holder of the driver accreditation is acting (the relevant operator accreditation ); the registration or other identification number of the tow truck to be used to tow the vehicle; the premises, nominated by the authorising person, to which the vehicle is to be towed; if a business is conducted at the premises—the name of the business; the day and time the holder of the driver accreditation completes the approved form; and the tow truck stated in the towing authority is in sufficient proximity to the motor vehicle to enable the holder to start lifting or loading the vehicle onto the tow truck immediately after the towing authority is signed or approved. Maximum penalty—40 penalty units. Subsection (4) applies if the authorising person for the motor vehicle nominates that the vehicle is to be towed to an authorised holding yard for the relevant operator accreditation without nominating a particular authorised holding yard. For subsection (2) (a) (iv) , the towing authority must state the address of the authorised holding yard for the relevant operator accreditation that is nearest to the scene of the incident or place of seizure and has capacity to store the motor vehicle. (sec.48-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. (sec.48-ssec.2) The holder of a driver accreditation must not, either directly or indirectly, obtain or attempt to obtain the authorising person’s signature on, or approval of, a towing authority for the motor vehicle unless— the approved form for the towing authority is properly and fully completed, including stating the following information— the name of the holder of the driver accreditation; the name of the holder of the operator accreditation under which the holder of the driver accreditation is acting (the relevant operator accreditation ); the registration or other identification number of the tow truck to be used to tow the vehicle; the premises, nominated by the authorising person, to which the vehicle is to be towed; if a business is conducted at the premises—the name of the business; the day and time the holder of the driver accreditation completes the approved form; and the tow truck stated in the towing authority is in sufficient proximity to the motor vehicle to enable the holder to start lifting or loading the vehicle onto the tow truck immediately after the towing authority is signed or approved. Maximum penalty—40 penalty units. (sec.48-ssec.3) Subsection (4) applies if the authorising person for the motor vehicle nominates that the vehicle is to be towed to an authorised holding yard for the relevant operator accreditation without nominating a particular authorised holding yard. (sec.48-ssec.4) For subsection (2) (a) (iv) , the towing authority must state the address of the authorised holding yard for the relevant operator accreditation that is nearest to the scene of the incident or place of seizure and has capacity to store the motor vehicle.
This section applies if— a motor vehicle— is damaged in an incident in a regulated area; or is seized in a regulated area; and the holder of a driver accreditation attends the scene of the incident or place of seizure. The holder must not operate a tow truck to tow the motor vehicle from the scene of the incident or place of seizure unless the holder has given the authorising person for the vehicle the signed or approved towing authority for the vehicle. Maximum penalty—30 penalty units. However, subsection (2) does not apply in relation to the towing of a motor vehicle from a prescribed road as part of a tow to safety service. In this section— operate does not include offer to operate. (sec.49-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; and the holder of a driver accreditation attends the scene of the incident or place of seizure. (sec.49-ssec.2) The holder must not operate a tow truck to tow the motor vehicle from the scene of the incident or place of seizure unless the holder has given the authorising person for the vehicle the signed or approved towing authority for the vehicle. Maximum penalty—30 penalty units. (sec.49-ssec.3) However, subsection (2) does not apply in relation to the towing of a motor vehicle from a prescribed road as part of a tow to safety service. (sec.49-ssec.4) In this section— operate does not include offer to operate.
This section applies if— a motor vehicle— is damaged in an incident in a regulated area; or is seized in a regulated area; and the holder of a driver accreditation attends the scene of the incident or place of seizure with a tow truck; and under section 64 of the Act , a towing authority is required for the towing of the vehicle. The holder must ensure the tow truck does not obstruct a road at the scene of the incident or place of seizure longer than is reasonably necessary for the holder to do the following things— to ascertain whether someone else has obtained a towing authority for the motor vehicle and, if not, to obtain a towing authority for the vehicle; if the holder obtains a towing authority for the vehicle— to lift or load the vehicle onto the tow truck and secure the vehicle to the tow truck; and for a tow truck at the scene of an incident—to clean the scene of the incident. Maximum penalty—40 penalty units. (sec.50-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; and the holder of a driver accreditation attends the scene of the incident or place of seizure with a tow truck; and under section 64 of the Act , a towing authority is required for the towing of the vehicle. (sec.50-ssec.2) The holder must ensure the tow truck does not obstruct a road at the scene of the incident or place of seizure longer than is reasonably necessary for the holder to do the following things— to ascertain whether someone else has obtained a towing authority for the motor vehicle and, if not, to obtain a towing authority for the vehicle; if the holder obtains a towing authority for the vehicle— to lift or load the vehicle onto the tow truck and secure the vehicle to the tow truck; and for a tow truck at the scene of an incident—to clean the scene of the incident. Maximum penalty—40 penalty units.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This regulation may be cited as the Tow Truck Regulation 2024 .
This regulation commences on 26 August 2024.
The dictionary in schedule 4 defines particular words used in this regulation.
This section applies in relation to a person who holds an M condition driver licence. For section 13 (1) (h) of the Act , the chief executive must, in deciding whether the person is an appropriate person to hold or continue to hold a driver accreditation, have regard to whether the person has a valid medical certificate stating the person complies with the fitness to drive standards. In this section— fitness to drive standards means the medical standards for licensing, commercial standards, stated in the document called ‘Assessing fitness to drive for commercial and private vehicle drivers’ published by Austroads Ltd ACN 136 812 390. M condition see the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 , schedule 9 . M condition driver licence means— a Queensland driver licence that is subject to an M condition; or an interstate licence, or a New Zealand licence, that corresponds to a Queensland driver licence that is subject to an M condition. valid medical certificate means a valid medical certificate under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 . (sec.4-ssec.1) This section applies in relation to a person who holds an M condition driver licence. (sec.4-ssec.2) For section 13 (1) (h) of the Act , the chief executive must, in deciding whether the person is an appropriate person to hold or continue to hold a driver accreditation, have regard to whether the person has a valid medical certificate stating the person complies with the fitness to drive standards. (sec.4-ssec.3) In this section— fitness to drive standards means the medical standards for licensing, commercial standards, stated in the document called ‘Assessing fitness to drive for commercial and private vehicle drivers’ published by Austroads Ltd ACN 136 812 390. M condition see the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 , schedule 9 . M condition driver licence means— a Queensland driver licence that is subject to an M condition; or an interstate licence, or a New Zealand licence, that corresponds to a Queensland driver licence that is subject to an M condition. valid medical certificate means a valid medical certificate under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 .
Who it affects
Why it matters (policy effects and practical consequences)
Trade‑offs, costs and implementation risks
Who pays, who decides, and how behaviour changes
Key citations: smartcard and accreditation form rules (secs 13–20); conduct at incidents and private‑property towing (secs 36–61); charges and caps (parts 9 and sch.2; secs 68–81); security and yard requirements (secs 63–67); audit and compliance powers (secs 105–109).
In this division— application means— an application for an accreditation made under section 17 of the Act ; or a renewal application; or an amendment application; or an exemption application; or an application for a replacement accreditation document made under section 17 (1) or (2) ; or an application for a temporary holding yard approval made under section 98 ; or an application to extend the period of a temporary holding yard approval made under section 103 . information includes a document.
The chief executive may, by publishing a notice on the department’s website— approve a way in which an application may be made; or orally, by electronic communication or by another form of communication require stated information to be included in, or to accompany, an application. A notice under subsection (1) (a) may include requirements for making an application in the approved way. A notice under subsection (1) (b) may only require information that is reasonably necessary for— the chief executive to decide the application; or another purpose related to the application or the thing being applied for. irrelevant personal information relevant personal information if the provision of the information would be excessively intrusive to personal privacy Subsection (1) applies whether or not there is an approved form for the application. In this section— department’s website see section 152 (4) of the Act . (sec.6-ssec.1) The chief executive may, by publishing a notice on the department’s website— approve a way in which an application may be made; or orally, by electronic communication or by another form of communication require stated information to be included in, or to accompany, an application. (sec.6-ssec.2) A notice under subsection (1) (a) may include requirements for making an application in the approved way. (sec.6-ssec.3) A notice under subsection (1) (b) may only require information that is reasonably necessary for— the chief executive to decide the application; or another purpose related to the application or the thing being applied for. irrelevant personal information relevant personal information if the provision of the information would be excessively intrusive to personal privacy (sec.6-ssec.4) Subsection (1) applies whether or not there is an approved form for the application. (sec.6-ssec.5) In this section— department’s website see section 152 (4) of the Act .
An application must be made in 1 of the following ways— in the approved form for the application; in the approved way under section 6 (1) (a) for making the application; if there is no approved form and no approved way for making the application—in writing. An application must include, or be accompanied by, any information required for the application under section 6 (1) (b) . Subsection (2) does not limit or otherwise affect another provision of this regulation that requires an application to include, or be accompanied by, particular information. (sec.7-ssec.1) An application must be made in 1 of the following ways— in the approved form for the application; in the approved way under section 6 (1) (a) for making the application; if there is no approved form and no approved way for making the application—in writing. (sec.7-ssec.2) An application must include, or be accompanied by, any information required for the application under section 6 (1) (b) . (sec.7-ssec.3) Subsection (2) does not limit or otherwise affect another provision of this regulation that requires an application to include, or be accompanied by, particular information.
The chief executive may ask the applicant for an application for further information the chief executive reasonably needs to decide the application. If the request relates to an application for a temporary holding yard approval or to extend the period of a temporary holding yard approval, the request may be made by notice given to the applicant or orally. If the request relates to an application other than an application mentioned in subsection (2) , the request must be made by notice given to the applicant. The request— must state— the information required; and a reasonable period, of at least 28 days after the day the request is made, within which the information must be given to the chief executive; and that the applicant is taken to have withdrawn the application if the applicant does not comply with the request within the stated period or any extension of that period under subsection (6) ; and may state a way in which the information must be given. If the request is made orally, the chief executive must give the applicant a notice confirming the details of the request as soon as practicable after making the request. The chief executive may, by notice given to the applicant, extend the period stated under subsection (4) (a) (ii) . (sec.8-ssec.1) The chief executive may ask the applicant for an application for further information the chief executive reasonably needs to decide the application. (sec.8-ssec.2) If the request relates to an application for a temporary holding yard approval or to extend the period of a temporary holding yard approval, the request may be made by notice given to the applicant or orally. (sec.8-ssec.3) If the request relates to an application other than an application mentioned in subsection (2) , the request must be made by notice given to the applicant. (sec.8-ssec.4) The request— must state— the information required; and a reasonable period, of at least 28 days after the day the request is made, within which the information must be given to the chief executive; and that the applicant is taken to have withdrawn the application if the applicant does not comply with the request within the stated period or any extension of that period under subsection (6) ; and may state a way in which the information must be given. (sec.8-ssec.5) If the request is made orally, the chief executive must give the applicant a notice confirming the details of the request as soon as practicable after making the request. (sec.8-ssec.6) The chief executive may, by notice given to the applicant, extend the period stated under subsection (4) (a) (ii) .
If a request under section 8 does not state a way in which the information must be given, the applicant— for an application mentioned in section 8 (2) —may give the information in writing or orally; or otherwise—must give the information in writing. The applicant is taken to have withdrawn the application if the applicant does not comply with the request within the period stated under section 8 (4) (a) (ii) or any extension of that period under section 8 (6) . (sec.9-ssec.1) If a request under section 8 does not state a way in which the information must be given, the applicant— for an application mentioned in section 8 (2) —may give the information in writing or orally; or otherwise—must give the information in writing. (sec.9-ssec.2) The applicant is taken to have withdrawn the application if the applicant does not comply with the request within the period stated under section 8 (4) (a) (ii) or any extension of that period under section 8 (6) .
This section applies in relation to the following applications— an application for an operator accreditation made under section 17 of the Act ; a renewal application to renew an operator accreditation; an amendment application to amend an operator accreditation. For sections 18 (3) (b) , 25 (3) (b) and 31 (3) of the Act , the ground that the application does not comply with the criteria stated in subsections (3) to (5) is prescribed for the application. For subsection (2) , a motor vehicle to be used as a tow truck under the accreditation must— be a tow truck that is— a class 1T tow truck, class 2T tow truck, class 3T tow truck, class 4T tow truck or class 5T tow truck under schedule 1 , section 2 ; or a class 1 tow truck, class 2 tow truck, class 3 tow truck or class 4 tow truck under schedule 1 , section 3 ; and be registered under the Transport Operations (Road Use Management) Act 1995 ; and comply with schedule 1 , sections 5 , 7 and 8 ; and for an application other than a renewal application—have markings on each side of the tow truck, or on signs attached to each side of the tow truck, that— display the business name, business address and telephone number of the tow truck business to which the application relates; and display the classification of the tow truck under schedule 1 , part 2 ; and are clearly legible at a distance of 30m; and for a renewal application—comply with schedule 1 , section 6 . Also, the application must comply with 1 of the following— any premises to be used as a holding yard for t
This is an opening excerpt, not the complete document.