Road Traffic (Tow Truck) Regulations 1975
Reprinted as at 8 November 2002
What the reprint includes
Endnotes, Compilation table
1.Details about the original regulation
2.Transitional, savings, or other provisions identified in the Compilation table
3.A table
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table
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Reprinted under the Reprints Act 1984 as |
at 8 November 2002 |
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Road Traffic (Tow Truck) Regulations 1975
CONTENTS
1.Citation1
2.Interpretation1
3.Licensing2
4.General equipment3
5.Lights and warning devices4
6.Overlength vehicles5
8.Cranes5
9.Crane operators6
10.Classification and limitation6
11.Lifting procedures7
12.Tow truck brakes7
13.Brakes of towed vehicle8
13A.Permission to tow articulated vehicles8
14.Authority to tow or salvage10
15.Member of Police Force may authorise tow or salvage11
15A.Commissioner may authorise tow11
16.Production of authority to tow or salvage12
17.Extent of authority to tow or salvage12
18.Offences13
Notes
Compilation table14
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Reprinted under the Reprints Act 1984 as |
at 8 November 2002 |
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Road Traffic Act 1974
Road Traffic (Tow Truck) Regulation
These regulation
[Regulation
In these regulation
“appropriate authority” means the Chief Inspector of Machinery or Inspector as defined in the Inspection of Machinery Act 1921 2;
“articulated vehicle” has the same meaning as is given to that expression in the Road Traffic Code 2000;
“Commissioner
“crane” means a lifting device approved by the appropriate authority as defined by the Inspection of Machinery Act 1921 2;
“GVM
“load capacity
“tow truck” means a motor vehicle equipped with a crane used or intended to be used for the lifting, salvaging, carrying or towing of vehicles and includes any motor vehicle to which is attached (temporarily or otherwise) a device or trailer which is used or intended to be used for the lifting, salvaging and carrying of any motor vehicle;
“unloaded mass
“Vehicle Standards
[Regulation
(1)Subject to subregulation
(a)use or drive a tow truck on a road; or
(b)operate any vehicle as a tow truck,
unless it is licensed by the Board for use as a tow truck and it complies with the requirements of these regulation
(2)Where a tow truck was licensed as such prior to the coming into operation of these regulation
(3)A licence granted under subregulation
[Regulation
(1)Every tow truck shall be fitted with dual wheels on the rear axle or axles on both the left side and right side, unless the Board otherwise approves in specified circumstances.
(2)Every tow truck shall have its steering wheel on the right hand side of the longitudinal axis of the vehicle.
(3)The driver’s seat on every tow truck shall be so constructed that no person can occupy any portion of the seat on the right hand side of the driver.
(4)Every tow truck shall be equipped with suitable spacer bars and safety chains to enable the driver of the tow truck to exercise efficient control over the towed vehicle while it is being towed; and the spacer bars shall be so designed as to minimiz
(5)Every tow truck shall be equipped with a fire extinguisher of a type and capacity approved by the Board and maintained in an effective condition and installed in a position where it is readily available for use.
(6)Every tow truck shall be equipped with a broom and such other equipment as is necessary for the removal of any broken glass, debris, oil, etc., deposited on the roadway as a result of an accident or breakdown.
(7)Every tow truck shall have the name and address of the owner of the vehicle, together with the unloaded mass and GVM of the vehicle and its class as determined by these regulation
[Regulation
(1)Every tow truck shall be equipped with —
(a)a flashing amber light for use in circumstances limited by the Road Traffic Code 2000 and not otherwise; and
(b)a suitable adjustable white light so mounted that during the hours of darkness it is capable of effectively illuminating the area in which the coupling of the tow truck to any vehicle to be lifted or towed is to be effected, in addition to the vehicle lights and reflectors required under the provisions of the Road Traffic (Vehicle Standards) Regulation
(2)Every tow truck shall have equipment which can be placed on the towed vehicle and connected electrically to the towing vehicle of such a kind as to enable the requirements of the Vehicle Standards relating to lights to be observed by both vehicles whilst any vehicle is being towed.
(3)Every tow truck shall be equipped with not less than 3 portable warning devices complying with the Standard Specification for warning signs set out in A.S.S.E. 38 of the Standards Association of Australia 3 and maintained in good order.
[Regulation
Notwithstanding the Vehicle Standards, the maximum overall length of a tow truck and the vehicle it is towing may exceed 16.8 metres if —
(a)signs bearing the word “Overlength” in black lettering, 200 millimetres high on a yellow background are affixed to the front and rear of the combination of vehicles; and
(b)if the towing takes place during the hours of darkness, the inscriptions on those signs are of reflective material.
[Regulation
[7.Repealed in Gazette 1 Nov 2002 p. 5400.]
(1)The design, construction and marking of the crane fitted to a tow truck, its attachments and supporting structure shall be generally in accordance with the requirements of Australian Standard No. CB 2‑1960, S.A.A. Crane and Hoist Code as amended from time to time and be approved by the appropriate authority.
(2)The crane shall be located and mounted on the tow truck in the manner generally or specifically directed by the appropriate authority, and shall comply with the stability requirements of the standard specified in subregulation
(3)Every tow truck crane shall be provided with adequate means for supporting the load in its raised position whilst under tow.
(4)A tow truck does not comply with this regulation
(a)a certificate has been issued by the appropriate authority certifying that the design of the crane is in accordance with the standard specified in subregulation
(b)the crane has satisfactorily passed working and stability tests; and
(c)there is in force in relation thereto a current certificate of annual inspection by the appropriate authority under the Inspection of Machinery Act 1921 2.
A person shall not operate a power operated crane on a tow truck unless he
10.Classification and limitation
(1)Tow trucks shall be classified in accordance with the following specifications —
Class 1 —
Tow trucks having a load capacity of not less than 1 270 kg and fitted with a crane having a safe working load of not less than 1 045 kg.
Class 2 —
Tow trucks having a load capacity of not less than 3 040 kg and fitted with a crane having a safe working load of not less than 2 540 kg.
Class 3 —
Tow trucks having a load capacity of not less than 6 125 kg and fitted with a crane having a safe working load of not less than 5 080 kg.
(2)A tow truck shall be limited to the lifting, carrying, towing or salvaging of vehicles having a GVM appropriate to the load capacity of the tow truck, and shall not be operated so as to exceed the following limits —
Class of tow truckGVM of vehicle
12 030 kg
25 080 kg
[Regulation
(1)The GVM of any vehicle being lifted shall not be more than the GVM of the tow truck.
(2)The mass supported by the crane of a tow truck shall not be more than the safe working load of that crane.
(3)When a vehicle has been partially but not fully lifted for towing by a tow truck, it shall be supported by means other than the hoist rope or chain of the crane and some of the mass shall be taken on at least 2 wheels or a single axle of the towed vehicle before the tow truck is put in motion.
(4)When a vehicle has been fully lifted for towing by a tow truck, it shall be wholly supported on the carrying area of the tow truck, or on a trailer approved by the Board for that purpose, and adequately secured before the tow truck is put in motion.
(5)The towed vehicle shall not be supported by the hoist rope or chain of the crane whilst the tow truck is in motion.
(6)Notwithstanding subregulation
[Regulation
The service brakes of every tow truck shall be maintained in an efficient condition at all times, and the reading as measured with a Tapley Brake Meter shall be at least 60% when tested at its unloaded mass.
[Regulation
(1)In the case of a Class 3 tow truck towing a vehicle of which the driver of the tow truck has control of the braking system, and the brakes can be used, there shall be no limitation on the mass of the towed vehicle.
(2)Where a Class 3 tow truck is required to tow a vehicle which is damaged to such an extent as to prevent coupling of the braking system to the tow truck, it shall be lawful for the brakes to be operated from the driving position of the towed vehicle.
(3)Where a vehicle is so damaged as to prevent the braking system from being used, any member of the Police Force may authorise the vehicle to be towed, by a tow truck of the appropriate class, to the nearest place of safety.
(4)A person shall not alter the setting of the brake (slack) adjusters of a vehicle fitted with maxi‑spring emergency/parking brakes for the purpose of towing the vehicle.
[Regulation
13A.Permission to tow articulated vehicles
(1)Notwithstanding regulation
(2)The permission referred to in subregulation
(a)may be subject to such conditions as the relevant member of the Police Force, or the Commissioner, considers are appropriate which, without limiting the generality of the foregoing, may include conditions relating to the route to be taken or the speed at which the vehicle is to be towed; and
(b)in the case of permission that has been given by a member of the Police Force, shall, unless the member of the Police Force concerned is to be in attendance throughout the towing operation, be evidenced by a document in writing completed in duplicate and signed by that member of the Police Force, containing the following particulars —
(i)the registered number of the tow truck;
(ii)the registered number or numbers or other identifying particulars of the articulated vehicle;
(iii)the place from where the articulated vehicle is to be moved;
(iv)the place to where the articulated vehicle is to be taken;
(v)the date, time, and period during which, towing is authorised; and
(vi)the conditions to be observed whilst towing.
(3)The original of the document referred to in subregulation
(4)The duplicate of the document referred to in subregulation
(5)A driver of a tow truck who tows or attempts to tow away any articulated vehicle except in accordance with this regulation
[Regulation
14.Authority to tow or salvage
(1)Subject to regulation
(a)the name and address of the person licensed to operate the tow truck;
(b)the name and address of the driver of the tow truck;
(c)the registered number of the tow truck;
(d)the name and address of the owner of the vehicle to be towed or salvaged, if that is known;
(e)the name and address of the person authorising the motor vehicle to be towed or salvaged, and his
(f)the make and registered number of the vehicle to be towed or salvaged;
(g)the place from where the vehicle is to be moved;
(h)the place to where the vehicle is to be taken;
(j)the date and time at which the authority to tow or salvage is signed,
and has signed, and obtained the signature of the person authorising the tow or salvage to, both copies of that statement when so completed.
(2)The original of the signed completed statement shall be handed by the driver of the tow truck to the person authorising the tow or salvage.
(3)The duplicate of the signed completed statement shall be handed by the driver to the person licensed to operate that tow truck, and shall thereafter be retained by the operator for a period of 12 months.
(4)A driver of a tow truck who tows or attempts to tow away or salvage any vehicle contrary to the provisions of this regulation
[Regulation
15.Member of Police Force may authorise tow or salvage
(1)Subject to regulation
(a)removing the vehicle to a place of safe custody for use as an exhibit in future court proceedings;
(b)removing the vehicle to the nearest place of safety from the scene of the accident in the interest of the owner; or
(c)removing the vehicle in order to prevent or reduce an obstruction or a danger to the safety of persons or property.
(2)A member of the Police Force authorising the removal of any vehicle under subregulation
[Regulation
15A.Commissioner may authorise tow
(1)Despite regulation
(2)The Commissioner may only give oral authorisation to tow a vehicle if the tow involves removing the vehicle to the nearest place of safety from the scene of the accident or breakdown, or from the place of the vehicle’s abandonment, and to do will, in the opinion of the Commissioner, prevent or reduce an obstruction or a danger to the safety of persons or property.
(3)Where an oral authorisation has given rise to the towing of a vehicle, the driver of the tow truck involved shall complete in duplicate the statement of particulars described in regulation
(4)The driver of a tow truck, who is required to complete a statement under subregulation
(5)The duplicate of the signed completed statement shall be handed by the driver of the tow truck to the person licensed to operate that tow truck, and shall thereafter be retained by the operator for a period of 12 months.
(6)A driver of a tow truck who fails to complete or to deliver a statement in accordance with the provisions of this regulation
[Regulation
16.Production of authority to tow or salvage
Every driver of a tow truck shall produce on demand to any member of the Police Force the authority required by regulation
[Regulation
17.Extent of authority to tow or salvage
An authority obtained by a driver of a tow truck under these regulation
(a)does not commit a member of the Police Force, or the Commissioner, to any personal liability, cost or charge;
(b)is evidence only of the giving of an authority for the removal of the vehicle and in respect of salvage and storage connected therewith, but not for the carrying out of any repair or for any other purpose.
[Regulation
(1)A person who —
(a)causes or attempts to cause, or induces or attempts to induce, by any trick, pretence, force, threat or persistent soliciting, or unfair means, any person to sign an authority to lift, salvage, carry or tow any vehicle involved in an accident;
(b)intimidates or attempts to intimidate by threat or force the driver of any tow truck from lifting, salvaging, carrying or towing any such vehicle if that driver is acting in accordance with the provisions of these regulation
(c)refuses or neglects to deliver up a vehicle or any articles of value in a vehicle when requested by the owner, where the charges referred to in regulation
is guilty of an offence.
(2)A person who commits an offence against these regulation
(a)for a first offence, to a penalty not exceeding $100; and
(b)for a second or subsequent offence, to a penalty not exceeding $200.
[Regulation
Notes
1This reprint is a compilation as at 8 November 2002 of the Road Traffic (Tow Truck) Regulations 1975 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any previous reprint.
Citation |
Gazettal |
Commencement |
Tow Truck Regulations 1975 4 |
29 May 1975 p. 1553‑7 |
1 Jun 1975 |
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10 Nov 1977 p. 4192 |
14 Nov 1977 |
Reprint of the Tow Truck Regulations 1975 authorised 31 Jul 1979 published in Gazette 6 Aug 1979 p. 2271-7 (includes amendments listed above) |
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Tow Truck Amendment Regulations 1982 |
2 Feb 1982 p. 405 |
2 Feb 1982 (see r. 2) |
Tow Truck Amendment Regulations 1984 |
25 May 1984 p. 1386‑7 |
1 Jul 1984 (see r. 2) |
Reprint of the Tow Truck Regulations 1975 as at 19 May 1986 published in Gazette 11 Jun 1986 p. 1957-68) (includes amendments listed above) |
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Tow Truck Amendment Regulations 1989 |
2 Jun 1989 p. 1612 |
2 Jun 1989 |
Regulations Amendment (Towed Agricultural Implements) Regulations 1990 Pt. 7 |
28 Sep 1990 p. 5073 |
1 Nov 1990 (see r. 2) |
Tow Truck Amendment Regulations 1999 |
7 Dec 1999 p. 5998‑6000 |
7 Dec 1999 |
Tow Truck Amendment Regulations 2000 |
1 Dec 2000 p. 6762‑3 |
1 Dec 2000 (see r. 2) |
Road Traffic (Vehicle Standards) (Consequential Provisions) Regulations 2002 Pt. 8 |
1 Nov 2002 p. 5388‑400 |
1 Nov 2002 (see r. 2) |
2Repealed by the Machinery Safety Act 1974 which was repealed by the Acts Amendment (Occupational Health Safety and Welfare) Act 1987.
3The Standards Association of
4Now known as the Road Traffic (Tow Truck) Regulations 1975; citation changed (see note to r.
By Authority: JOHN A. STRIJK, Government Printer