Transport Operations (Road Use Management—Road Rules) Regulation 2009
sec.312Exemption for tow truck drivers
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sec.312 Exemption for tow truck drivers
It is a defence to the prosecution of the driver of a tow truck for an offence against a provision mentioned in subsection (2) if, at the time of the offence— the driver is engaged in loading, or connecting to, a vehicle to which this section applies; and the driver is unable to comply with the provision; and the tow truck is displaying a flashing light; and the driver is acting safely. For subsection (1) , the provisions are as follows— part 4 (Making turns) part 6 (Traffic lights, traffic arrows and twin red lights) part 7 (Giving way), division 1 (Giving way at a stop sign, stop line, give way sign or give way line applying to the driver) part 8 (Traffic signs and road markings) part 9 (Roundabouts) part 11 (Keeping left, overtaking and other driving rules) part 12 (Restrictions on stopping and parking) section 288 (Driving on a path) section 289 (Driving on a nature strip) section 290 (Driving on a traffic island). This section applies to the following vehicles— a vehicle at the scene of a crash; a disabled vehicle; a vehicle unsafely or unlawfully parked that the driver is authorised to tow away under the Act or the Heavy Vehicle National Law (Queensland) . s 312 amd 2014 SL No. 8 s 76 (sec.312-ssec.1) It is a defence to the prosecution of the driver of a tow truck for an offence against a provision mentioned in subsection (2) if, at the time of the offence— the driver is engaged in loading, or connecting to, a vehicle to which this section applies; and the driver is unable to comply with the provision; and the tow truck is displaying a flashing light; and the driver is acting safely. (sec.312-ssec.2) For subsection (1) , the provisions are as follows— part 4 (Making turns) part 6 (Traffic lights, traffic arrows and twin red lights) part 7 (Giving way), division 1 (Giving way at a stop sign, stop line, give way sign or give way line applying to the driver) part 8 (Traffic signs and road markings) part 9 (Roundabouts) part 11 (Keeping left, overtaking and other driving rules) part 12 (Restrictions on stopping and parking) section 288 (Driving on a path) section 289 (Driving on a nature strip) section 290 (Driving on a traffic island). (sec.312-ssec.3) This section applies to the following vehicles— a vehicle at the scene of a crash; a disabled vehicle; a vehicle unsafely or unlawfully parked that the driver is authorised to tow away under the Act or the Heavy Vehicle National Law (Queensland) .
- (a) the driver is engaged in loading, or connecting to, a vehicle to which this section applies; and
- (b) the driver is unable to comply with the provision; and
- (c) the tow truck is displaying a flashing light; and
- (d) the driver is acting safely.
- • part 4 (Making turns)
- • part 6 (Traffic lights, traffic arrows and twin red lights)