s 3

Definitions

In force

(1)

In this Act—

S. 3(1) def. of accident damaged motor vehicle substituted by No. 28/2009 s. 62(1).

accident damaged motor vehicle means a motor vehicle that has been damaged as the result of a road accident;

accident towing demerit point means a demerit point incurred in accordance with regulations made under this Act;

accident towing service means the service of operating tow trucks for the following purposes—

(a)

the purpose of towing accident damaged motor vehicles, where the towing of the accident damaged motor vehicle takes place between the time when the road accident in which the motor vehicle is damaged occurs and the time when the motor vehicle is first delivered to the place specified in the authority to tow;

(b)

the purpose of clearing road accident scenes;

accident towing service business means the trade or business of operating tow trucks for hire or reward for the purpose of providing accident towing services;

accredited person means the holder of—

(a)

a towing operator accreditation; or

(b)

a towing depot manager accreditation; or

(c)

a tow truck driver accreditation;

S. 3(1) def. of allocation body amended by No. 49/2019 s. 140(Sch. 2 item 1(a)).

allocation body, in relation to a controlled area, means—

(a)

if a person or body has been appointed under section 47 to be the allocation body for that area, that person or body; or

(b)

in any other case, the Secretary;

approved code of practice means a code of practice the making of which, and (where the case so requires) the amending of which, has been approved by the Minister under Part 7;

authorised officer means a person appointed as an authorised officer under section 178;

authority to tow means an authorisation, obtained in accordance with Division 1 of Part 5, by the driver of a tow truck to tow an accident damaged motor vehicle;

S. 3(1) def. of basic salvage service inserted by No. 40/2011 s. 4(1).

basic salvage service means the service of salvaging a motor vehicle—

(a)

using one or more tow trucks that are not heavy tow trucks; and

(b)

without using a mobile crane;

S. 3(1) def. of Chief Commis-sioner of Police amended by No. 37/2014 s. 10(Sch. item 3.1(b)).

Chief Commissioner of Police means the Chief Commissioner of Police appointed under the Victoria Police Act 2013;

Commission means the Essential Services Commission established under the Essential Services Commission Act 2001;

controlled area means any area declared to be a controlled area under section 46;

corporation has the same meaning as in section 9 of the Corporations Act;

daily storage charge means an amount determined by the Minister under section 211 as the fee to be paid each day for the storing of an accident damaged motor vehicle;

S. 3(1) def. of Department amended by Nos 70/2013 s. 4(Sch. 2 item 1.1), 49/2019 s. 140(Sch. 2 (item 1(b)), 25/2025 s. 106(Sch. 1 item 2.1(a)).

Department means the Department of Transport and Planning;

depot means a premises from which tow trucks are being operated in the course of an accident towing service business;

S. 3(1) def. of designated road amended by Nos 70/2012 s. 13(2), 8/2019 s. 79(1), 18/2020 s. 114(1).

designated road means—

(a)

the Link road;

(b)

the Extension road;

(c)

EastLink;

(ca)

the Peninsula Link Freeway;

(cb)

the West Gate Tunnel tollway;

(cc)

the North East Link road;

(d)

any freeway within the meaning of the Road Management Act 2004;

(e)

any road that has been declared under section 119A of the Road Management Act 2004 to be a road to which that section applies;

director, in relation to a corporation, has the same meaning as it has in section 9 of the Corporations Act;

drive, in relation to a motor vehicle, includes being in control of the motor vehicle;

driver accreditation objective means the objective set out in section 97;

EastLink has the same meaning as in the EastLink Project Act 2004;

Extension road has the same meaning as in the Melbourne City Link Act 1995;

Freeway Corporation has the same meaning as in the EastLink Project Act 2004;

S. 3(1) def. of heavy tow truck repealed by No. 28/2009 s. 62(2), new def. of heavy tow truck inserted by No. 40/2011 s. 4(1).

heavy tow truck means a tow truck that is capable of towing a motor vehicle that has a gross vehicle mass of 4 tonnes or more;

heavy tow truck licence means a licence under section 11;

industry accreditation objective means the objective set out in section 55;

S. 3(1) def. of inspector amended by No. 37/2014 s. 10(Sch. item 3.1(c)).

inspector means—

(a)

an authorised officer; or

(b)

a police officer who has been authorised by the Chief Commissioner of Police to exercise powers for the purposes of this Act;

infringement notice has the same meaning as in the Infringements Act 2006;

job number means the number given by an allocation body to an authorisation given by that body to tow an accident damaged motor vehicle from a road accident scene in the controlled area of that body;

S. 3(1) def. of licensed (heavy) tow truck repealed by No. 28/2009 s. 62(2).

* * * * *

S. 3(1) def. of licensed (regular) tow truck repealed by No. 28/2009 s. 62(2).

* * * * *

S. 3(1) def. of licensed tow truck substituted by No. 28/2009 s. 62(3).

licensed tow truck means a tow truck that is specified in a tow truck licence;

S. 3(1) def. of limited tow truck licence amended by No. 8/2019 s. 79(2), substituted by No. 18/2020 s. 114(2).

limited tow truck licence means—

(a)

a regular tow truck licence issued under section 10(2), 10(3), 10(4) or 10(5); or

(b)

a heavy tow truck licence issued under section 11(2), 11(3), 11(4) or 11(5);

Link road has the same meaning as in the Melbourne City Link Act 1995;

S. 3(1) def. of mass, dimension or load restraint limit or requirement inserted by No. 28/2009 s. 62(5), substituted by No. 30/2013 s. 60(Sch. item 2.1).

mass, dimension or load restraint limit or requirement means—

(a)

a mass, dimension or load restraint limit or requirement within the meaning of the Road Safety Act 1986; or

(b)

a mass, dimension or loading requirement within the meaning of the Heavy Vehicle National Law (Victoria);

Melbourne controlled area means the area declared to be the Melbourne controlled area under section 46;

Note

See also clause 9 of Schedule 3 for the transitional meaning of this term.

Melbourne licence means a regular tow truck licence, the specified depot for which is in the Melbourne controlled area;

S. 3(1) def. of member of the force repealed by No. 37/2014 s. 10(Sch. item 3.1(d)).

* * * * *

S. 3(1) def. of motor vehicle amended by No. 6/2010 s. 203(1) (Sch. 6 item 1.1(a)) (as amended by No. 45/2010 s. 22).

motor vehicle has the same meaning as in section 86(1) of the Transport (Compliance and Miscellaneous) Act 1983;

nominated person means a person nominated under section 64;

S. 3(1) def. of non-limited tow truck licence repealed by No. 40/2011 s. 21(Sch. item 1).

* * * * *

S. 3(1) def. of North East Link road inserted by No. 18/2020 s. 114(3).

North East Link road has the same meaning as in the North East Link Act 2020;

S. 3(1) def. of North East Link State Tolling Corporation inserted by No. 18/2020 s. 114(3).

North East Link State Tolling Corporation has the same meaning as in the North East Link Act 2020;

operate, in relation to a tow truck, means directing, controlling or being responsible for the tow truck, but does not mean driving the tow truck;

owner, in relation to a tow truck, includes the following—

(a)

a person who is the owner of the tow truck;

(b)

a person who has the use of the tow truck under a lease agreement;

(c)

a person in whose name a tow truck is registered under the Road Safety Act 1986 or any Act or Ordinance of any State or Territory of the Commonwealth corresponding to this Act;

S. 3(1) def. of Peninsula Link Freeway inserted by No. 70/2012 s. 13(1).

Peninsula Link Freeway has the same meaning as in the Road Management Act 2004;

S. 3(1) def. of Peninsula Link Freeway Corporation inserted by No. 70/2012 s. 13(1).

Peninsula Link Freeway Corporation has the same meaning as in the Road Management Act 2004.

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 3.1(a)).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of regular tow truck repealed by No. 28/2009 s. 62(2).

* * * * *

regular tow truck licence means a licence under section 10;

relevant agency means a relevant agency (that is not an enforcement agency) within the meaning of the Melbourne City Link Act 1995;

S. 3(1) def. of relevant North East Link agency inserted by No. 18/2020 s. 114(3).

relevant North East Link agency means—

(a)

the North East Link State Tolling Corporation; or

(b)

the North East Link operator (within the meaning of the North East Link Act 2020);

relevant person, in relation to an applicant for accreditation under Part 3 or a person accredited under Part 3, means—

(a)

any person who holds a share in the capital of, or an entitlement to receive income derived from, the business to which the application or accreditation relates and by virtue of that interest is able to exercise a significant influence over or with respect to the management of the activities to which the application or the accreditation relates; or

(b)

any person who is entitled to exercise any power to participate in the management of the activities to which the application or the accreditation relates or to elect or appoint any person connected with the management of the business to which the application or accreditation relates; or

(c)

any person who is a director, secretary, member of the committee of management, or connected with the management, of the business to which the application or accreditation relates;

S. 3(1) def. of relevant West Gate Tunnel agency inserted by No. 8/2019 s. 79(4).

relevant West Gate Tunnel agency means the West Gate Tunnel Corporation or the West Gate Tunnel operator within the meaning of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019;

road has the same meaning as in the Road Safety Act 1986;

road accident means an impact or collision of one or more motor vehicles—

(a)

on a road or road related area; or

(b)

not on a road or road related area, if immediately before the impact or collision one or more of the vehicles involved in the impact or collision had been travelling on a road or road related area;

road accident scene means an area within a 2 kilometre radius of a road accident;

S. 3(1) def. of road accident scene roster substituted by No. 28/2009 s. 62(4).

road accident scene roster, in relation to a controlled area, means the roster, that is kept by the allocation body for the area, of allocations of tow trucks to do the following—

(a)

to attend road accident scenes in the controlled area;

(b)

to be used to tow accident damaged motor vehicles, with a gross vehicle mass of less than 4 tonnes, from road accident scenes in the controlled area;

road related area has the same meaning as in the Road Safety Act 1986;

S. 3(1) def. of salvage substituted by No. 40/2011 s. 4(2).

salvage, in the case of an accident damaged motor vehicle that, as a result of the accident—

(a)

is in a location that is not a road or a road related area; or

(b)

is embedded in a building or in an object that is not a motor vehicle; or

(c)

is overturned or on its side—

means the moving of the motor vehicle to a place on a road or road related area or into an upright position or both so that it may be towed by a tow truck without assistance;

S. 3(1) def. of Secretary inserted by No. 49/2019 s. 140(Sch. 2 item 1(c)), amended by No. 25/2025 s. 106(Sch. 1 item 2.1(b)).

Secretary means Secretary to the Department;

self-management area means an area declared to be a self-management area under section 52;

service standard means a service standard determined under section 75;

specified depot in relation to a licensed tow truck, means the depot specified in the tow truck licence under which the tow truck operates;

S. 3(1) def. of standard tow truck licence inserted by No. 40/2011 s. 21(Sch. item 2).

standard tow truck licence means a tow truck licence that is not a limited tow truck licence;

temporary permit means a permit granted under section 35;

S. 3(1) def. of tow amended by No. 40/2011 s. 4(3).

tow, in relation to any motor vehicle, includes—

(a)

lifting and towing the motor vehicle;

(b)

lifting and carrying the motor vehicle;

(c)

lifting the motor vehicle for the purpose of towing the motor vehicle—

but does not include salvage of the motor vehicle;

tow truck means—

(a)

any motor vehicle—

(i)

that is equipped with a crane, winch, ramp or other lifting device; and

(ii)

that is used or intended to be used for the towing of motor vehicles; or

(b)

a motor vehicle to which is attached, temporarily or otherwise, a trailer or device that is—

(i)

equipped with a winch or ramp or other lifting device; and

(ii)

that is used or intended to be used for the towing of motor vehicles;

S. 3(1) def. of towing depot manager accreditation repealed by No. 43/2012 s. 3(Sch. item 2(a)).

* * * * *

S. 3(1) def. of towing operator accreditation repealed by No. 43/2012 s. 3(Sch. item 2(a)).

* * * * *

tow truck driver accreditation means an accreditation under section 99;

tow truck licence means a licence under Part 2;

S. 3(1) def. of tow truck trainee permit inserted by No. 28/2009 s. 62(5).

tow truck trainee permit means a permit issued under section 140A(1);

S. 3(1) def. of towing depot manager accreditation inserted by No. 43/2012 s. 3(Sch. item 2(b)).

towing depot manager accreditation means an accreditation under section 57(2);

S. 3(1) def. of towing operator accreditation inserted by No. 43/2012 s. 3(Sch. item 2(b)).

towing operator accreditation means an accreditation under section 57(1);

S. 3(1) def. of VicRoads amended by No. 6/2010 s. 203(1) (Sch. 6 item 1.1(b)) (as amended by No. 45/2010 s. 22), repealed by No. 49/2019 s. 140(Sch. 2 item 1(d)).

* * * * *

S. 3(1) def. of West Gate Tunnel Corporation inserted by No. 8/2019 s. 79(4).

West Gate Tunnel Corporation has the same meaning as it has in the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019;

S. 3(1) def. of West Gate Tunnel tollway inserted by No. 8/2019 s. 79(4).

West Gate Tunnel tollway has the same meaning as it has in the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019.

(2)

In this Act, a reference to a person who has been found guilty of an offence is a reference to a person—

(a)

against whom a court has made a formal finding that he or she is guilty of the offence; or

(b)

from whom a court has accepted an admission under section 100 of the Sentencing Act 1991 that he or she has committed the offence, or from whom a similar admission has been accepted under equivalent provisions of the laws of a jurisdiction other than Victoria; or

(c)

against whom a finding has been made under—

S. 3(2)(c)(i) amended by No. 55/2014 s. 140(a).

(i)

section 17(1)(b) or 38X(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she was not guilty of the offence because of mental impairment; or

S. 3(2)(c)(ii) amended by No. 55/2014 s. 140(b).

(ii)

section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she committed the offence—

or against whom a similar finding has been made under equivalent provisions of the laws of a jurisdiction other than Victoria—

being an admission or finding that has not been subsequently quashed or set aside by a court.

(3)

In this Act, a reference to a person who has been charged with an offence is a reference to a person—

S. 3(3)(a) substituted by No. 68/2009 s. 97(Sch. item 4.1).

(a)

against whom an indictment charging the offence has been filed; or

S. 3(3)(b) amended by No. 68/2009 s. 97(Sch. item 4.2).

(b)

against whom a charge-sheet charging the offence has been filed, whether or not—

(i)

a summons to answer the charge; or

(ii)

a warrant to arrest the person—

has been issued or served.

(4)

In this Act, a reference to a charge that has not been finally disposed of is a reference to a charge that has not been finally dealt with by—

S. 3(4)(a) amended by No. 68/2009 s. 97(Sch. item 4.3).

(a)

being withdrawn or by the discontinuance of the prosecution; or

(b)

the charge having been dismissed by a court; or

S. 3(4)(c) amended by Nos 68/2009 s. 97(Sch. item 4.4), 5/2025 s. 44.

(c)

the person charged having been discharged by a court following a committal proceeding; or

S. 3(4)(d) amended by No. 68/2009 s. 97(Sch. item 4.5).

(d)

the person charged having been acquitted or found guilty of the offence by a court; or

(e)

any other prescribed means.

S. 3(4A) inserted by No. 40/2011 s. 4(4)

(4A)

In this Act, a reference to a charge determined under section 211 includes a reference to a charge that has been indexed under Division 3 of Part 7A.

S. 3(5) amended by Nos 70/2013 s. 4(Sch. 2 item 1.2), 25/2025 s. 106(Sch. 1 item 2.2).

(5)

If under the Public Administration Act 2004 the name of the Department of Transport and Planning is changed, the reference in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.

S. 3(6) inserted by No. 28/2009 s. 62(6), amended by No. 30/2013 s. 60(Sch. item 2.2).

(6)

For the purposes of this Act, a tow truck is to be regarded as capable of towing a vehicle, if the towing of the vehicle would not contravene a mass, dimension or load restraint limit or requirement that applies to the tow truck under the Road Safety Act 1986 or the Heavy Vehicle National Law (Victoria).

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