New South Wales Consolidated Acts

TOW TRUCK INDUSTRY ACT 1998

- As at 5 November 2008
- Act 111 of 1998

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Meaning of “tow truck”
   5.      Meaning of “close associate”
   6.      Application of Act

   PART 2 - FUNCTIONS OF RTA IN RELATION TO TOW TRUCK INDUSTRY

   7.      Functions of RTA under this Act
           8-14. (Repealed)

   PART 3 - TOW TRUCK OPERATORS LICENCES AND DRIVERS CERTIFICATES

           Division 1 - Tow truck operators licences

   15.     Requirement for tow truck operators to be licensed
   16.     Classes of licences
   17.     Application for licence
   18.     Restrictions on granting licence
   19.     Grant of licence
   20.     Licence conditions
   21.     Licence fees
   22.     Term of licence and renewal

           Division 2 - Tow truck drivers certificates

   23.     Requirement for tow truck drivers to hold drivers certificates
   24.     Classes of drivers certificates
   25.     Application for drivers certificate
   26.     Restrictions on granting drivers certificate
   27.     Grant of drivers certificate
   28.     Form of drivers certificate
   29.     Conditions of drivers certificate
   30.     Drivers certificate fees
   31.     Term of drivers certificate and renewal
   32.     Automatic revocation of drivers certificate if driver licence no longer in force

           Division 3 - General provisions relating to licences and drivers certificates

   33.     Investigation of application for licence or drivers certificate
   34.     RTA may require further information in relation to application
   35.     Variation of conditions
   36.     False or misleading statements
   37.     Requirement to notify RTA of proposed changes in particulars
   38.     Duplicate licence or drivers certificate
   39.     Register of licences and drivers certificates
   40.     Voluntary surrender of licence or drivers certificate

           Division 4 - Disciplinary action by RTA

   41.     Disciplinary action
   42.     Grounds for taking disciplinary action
   43.     Procedure for implementing disciplinary action
   44.     Effect of suspension

           Division 5 - Review by Administrative Decisions Tribunal

   45.     Application to Administrative Decisions Tribunal for review

   PART 4 - REGULATION OF TOW TRUCK INDUSTRY AND TOWING OPERATIONS

           Division 1 - Towing authorisations

           46-48. (Repealed)
   49.     Requirement to obtain towing authorisation
   49A.    Restrictions on obtaining towing authorisations after authority already granted
   50.     Restrictions on obtaining towing authorisations
   51.     Towing in accordance with towing authorisation
   52.     Regulations relating to towing authorisations
   53.     Alteration of completed towing authorisation prohibited

           Division 2 - (Repealed)
           None

           Division 3 - Miscellaneous provisions relating to tow trucks and towing operations

   54.     Towing and other charges
   55.     Construction of tow trucks
   56.     Certain tow trucks prohibited
   57.     Tow truck number-plates

           Division 4 - Miscellaneous offences

   58.     Contravention of conditions
   59.     Tow truck operator may only employ qualified persons to carry on towing work
   60.     Licensee required to keep certain records
   61.     Prohibition of “spotter’s fees”, “drop fees” and towing inducements
   62.     Prohibition on obtaining authority to repair
   63.     Touting or soliciting for towing or repair work at scene of accident
   64.     Threats and related conduct
   65.     Cleaning up at scene of accident
   66.     Compliance with directions at scene of accident
   67.     Passengers in tow trucks
   68.     Restrictions on standing tow truck at accident scene
   69.     Drivers certificate to be worn by certified driver
   70.     Production of licence and drivers certificate
   71.     Advertising
   72.     Holding out
   73.     Requirement to return licence, drivers certificate or number-plates
   74.     Abuse of authority conferred by licence or drivers certificate
   75.     Impersonation of authorised officer

   PART 5 - ENFORCEMENT AND PROCEDURAL PROVISIONS

           Division 1 - Powers relating to investigations, inquiries and directions

   76.     Purposes for which powers under Division may be exercised
   77.     Nominated person
   78.     Requirement to provide information and records
   79.     Power to require answers and to demand name and address
   80.     Inquiries by RTA
   81.     Powers of entry and inspection
   82.     Inspection of tow trucks
   83.     Search warrants
   84.     Power to give directions
   85.     Offences
   86.     Provisions relating to requirements under Division

           Division 2 - Procedural provisions

   87.     Proceedings for offences
   88.     Offences by corporations
   89.     Penalty notices for certain offences
   90.     Power of court to order licence or drivers certificate to be surrendered

   PART 6 - MISCELLANEOUS PROVISIONS

   91.     Tow Truck Industry Fund
   92.     Investment of money in Fund
           93, 94. (Repealed)
   95.     Arrangements for supply of Police records
   96.     Disclosure of spent convictions
   97.     (Repealed)
   98.     Identification of authorised officer
   99.     Disclosure of information
   100.    Refund of fees
   101.    Evidence
   102.    Service of documents
   103.    Contracting out void
   104.    (Repealed)
   105.    Regulations
   106.    Savings and transitional provisions
   107.    Repeals
   108.    (Repealed)
   109.    Review of Act
           Schedule 1 (Repealed)
           SCHEDULE 2
           Schedule 3 (Repealed)