sec.41Relevant persons remaining at scene of incident

sec.41 Relevant persons remaining at scene of incident

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.