sec.25Requirement to keep records about towing and release of motor vehicles—holders of operator accreditations

sec.25 Requirement to keep records about towing and release of motor vehicles—holders of operator accreditations

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.