Tow Truck Regulation 2024
sec.38Intimidation and other behaviours
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sec.38 Intimidation and other behaviours
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.
- (a) a motor vehicle is damaged in an incident in a regulated area; and
- (b) a relevant person attends the scene of the incident with a tow truck.
- (a) a motor vehicle is parked on private property in a regulated area; and