Tow Truck Regulation 2024
sec.26Producing smartcard accreditations to authorised officers—holders of driver accreditations and assistant accreditations
Start here
Get a plain-English read of sec.26
Turn the raw legal text into a practical explanation grounded in Tow Truck Regulation 2024.
sec.26 Producing smartcard accreditations to authorised officers—holders of driver accreditations and assistant accreditations
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.