reg 1Objectives

The objectives of these Regulations are—

(a)

to facilitate the safe, timely and efficient provision of accident towing services and other related services; and

(b)

to impose requirements on tow truck licence holders, accredited persons and others that advance the objective set out in section 4 of the Accident Towing Services Act 2007; and

(c)

to ensure that the attendance of licensed tow trucks at road accident scenes in controlled areas is controlled and efficient; and

(d)

to regulate the behaviour of tow truck drivers at road accident scenes; and

(e)

to provide for accident towing demerit points for relevant prescribed offences; and

(f)

to prescribe infringement offences and prescribe the penalties for those offences.

reg 2Authorising provision

These Regulations are made under section 223 of the Accident Towing Services Act 2007.

reg 3Commencement

These Regulations come into operation on 14 December 2019.

reg 4Revocations

The following Regulations are revoked—

(a)

the Accident Towing Services Regulations 2008^[1];

(b)

the Accident Towing Services Amendment (Licence Fees) Regulations 2010^[2];

(c)

the Accident Towing Services Amendment Regulations 2012^[3];

(d)

the Accident Towing Services Amendment (Peninsula Link) Regulations 2012^[4];

(e)

the Accident Towing Services Amendment Regulations 2014^[5].

reg 5Definitions

In these Regulations—

Reg. 5 def. of allocation officer amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 1(a)).

allocation officer, in relation to the allocation body of a controlled area, means a person appointed by the Secretary under regulation 30(2);

Reg. 5 def. of chief allocation officer amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 1(b)).

chief allocation officer, in relation to the allocation body of a controlled area, means the person appointed by the Secretary under regulation 30(1);

Reg. 5 def. of depot number amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 1(c)).

depot number means the identification number allocated by the Secretary to a specified depot under regulation 21(6);

driver licence has the same meaning as in the Road Safety Act 1986;

exempt tow truck licence means a Melbourne licence that has been exempted from the requirement that a tow truck be specified in respect of the licence under section 27(1) of the Act;

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

industry accreditation means—

(a)

a towing operator accreditation; or

(b)

a towing depot manager accreditation;

licence holder means a person who is the holder of a regular tow truck licence or a heavy tow truck licence;

lightboard means a lightboard that complies with regulation 23(1)(h);

non-exempt tow truck licence means a Melbourne licence that is not an exempt tow truck licence;

rostered tow truck in relation to a regular tow truck licence (the holder of which has been granted a place on the road accident scene roster for a controlled area) means—

(a)

subject to paragraph (b), the tow truck specified in respect of the licence under section 10 of the Act; or

(b)

in the case of a transferred towing entitlement, the tow truck specified in the non-exempt tow truck licence under section 10 of the Act;

Reg. 5 def. of standards for registration amended by S.R. No. 97/2025 reg. 4.

standards for registration has the same meaning as in the Road Safety (Vehicles) Regulations 2021^[6];

the Act means the Accident Towing Services Act 2007;

tow truck licence certificate means the certificate given to the holder of a tow truck licence under section 24 of the Act;

transferred towing entitlement means an allocation roster entitlement applied to a non‑exempt tow truck licence that was previously applied to an exempt tow truck licence.

reg 6Qualifications for accreditations and renewals

Reg. 6(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 2).

(1)

The Secretary may make a determination as to qualifications to be required of, and tests to be passed by, an applicant for—

(a)

an industry accreditation; or

(b)

a tow truck driver accreditation; or

(c)

the renewal of either accreditation.

(2)

A qualification or test determined under subregulation (1) must be one that promotes the safe, timely, efficient and law abiding provision of accident towing services.

(3)

Without limiting subregulation (1), qualifications may include formal training, informal training or prior work experience.

reg 7Notice to be given before determination is made

Reg. 7(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 3(a)).

(1)

Before making a determination under regulation 6, the Secretary must—

(a)

cause a notice to be published in the Government Gazette and in a daily newspaper circulating generally throughout Victoria; and

(b)

consider all comments and submissions received in response to the notice within the period specified in the notice.

(2)

A notice under subregulation (1) must—

(a)

outline the contents of the proposed determination; and

(b)

state where a copy of the proposed determination may be obtained or inspected; and

(c)

invite public comments or submissions within such time (being not less than 28 days from the publication of the notice) as is specified in the notice.

Reg. 7(3) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 3(b)).

(3)

The Secretary may give the notice under subregulation (1) to any person who the Secretary believes may be affected by the proposed determination.

Reg. 7(4) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 3(c)).

(4)

If the Secretary makes a determination under regulation 6, the Secretary must immediately publish on a website maintained by the Department a list of those qualifications or tests.

Reg. 7(5) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 3(b)).

(5)

The Secretary is not required to cause a notice to be published under subregulation (1) if the Secretary certifies in writing that the proposed determination is less onerous or not materially different from a previous determination.

reg 8Information to accompany applications for accreditations and renewals

Reg. 8(1) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 4(a)).

(1)

An application for an industry accreditation or a tow truck driver accreditation or the renewal of either accreditation must be accompanied by evidence that the applicant holds the qualifications or has passed the tests (if any) determined by the Secretary under regulation 6(1).

Reg. 8(2) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 4(b)).

(2)

The Secretary must not approve an application for an industry accreditation or a driver accreditation or the renewal of either accreditation unless the Secretary is satisfied that the applicant has complied with subregulation (1).

reg 9Additional information to accompany towing operator accreditations and renewals

For the purposes of section 60(1)(c)(ii) of the Act, an application under section 59 of the Act for the grant or renewal of a towing operator accreditation must be accompanied by the following evidence—

(a)

if the applicant is a company—

(i)

a copy of a current company extract; and

(ii)

a criminal record check in respect of each director of the company; and

(iii)

if the nominated person is not a director—a criminal record check in respect of the nominated person;

(b)

if the applicant is an incorporated association—

(i)

the certificate of incorporation; and

(ii)

the names of the directors at the time of the application; and

(iii)

a criminal record check in respect of each director of the incorporated association; and

(iv)

if the nominated person is not a director—a criminal record check in respect of the nominated person;

(c)

if the applicant is a body corporate other than a company or incorporated association—

(i)

a document that is evidence of the existence of the applicant; and

(ii)

the names of all office-bearers at the time of the application; and

(iii)

a criminal record check in respect of each office bearer; and

(iv)

if the nominated person is not an office bearer—a criminal record check in respect of the nominated person.

reg 10Conditions of towing operator accreditation—training, testing, tow truck maintenance and other matters

(1)

For the purposes of section 72(2) of the Act, the conditions specified in subregulations (2) to (5) apply to a towing operator accreditation.

Reg. 10(2) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 5(a)).

(2)

The holder of a towing operator accreditation must undergo training and testing as required by the Secretary from time to time in relation to the safe, timely, efficient and law abiding provision of accident towing services.

(3)

The holder of a towing operator accreditation must ensure that a licensed tow truck and any associated equipment used in the operation of the accident towing service business by that person is regularly inspected and maintained to ensure that accident towing services are provided safely, reliably and efficiently.

(4)

The holder of a towing operator accreditation must ensure that records relating to the inspection and maintenance of a licensed tow truck and associated equipment referred to in subregulation (3) are—

(a)

kept for a period of 2 years from the date that the inspection or maintenance takes place; and

Reg. 10(4)(b) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 5(b)).

(b)

made available to the Secretary within a reasonable time, if requested by the Secretary.

(5)

The holder of a towing operator accreditation must ensure that the holder's certificate of accreditation is displayed at the specified depot so that it may be inspected by members of the public.

reg 11Conditions of towing operator accreditation—engagement of persons to drive tow trucks and manage accident towing service businesses

(1)

For the purposes of section 72(2) of the Act, the holder of a towing operator accreditation who engages a person to drive a tow truck for the purposes of providing accident towing services and other related services must—

(a)

ensure on a regular basis that the driver holds a current tow truck driver accreditation; and

(b)

take reasonable steps to ensure that at all times when providing the services the driver—

(i)

is technically competent to provide accident towing and related services; and

(ii)

is sufficiently fit and healthy to provide accident towing and related services; and

(iii)

acts in a manner that is safe, timely, efficient and law abiding; and

Reg. 11(1)(c) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 6).

(c)

take reasonable steps to ensure that the driver undergoes training and testing as required by the Secretary under regulation 13(1).

(2)

The holder of a towing operator accreditation who engages a person to manage an accident towing service business operated by the holder of the towing operator accreditation must—

(a)

ensure on a regular basis that the person holds a current towing depot manager accreditation; and

Reg. 11(2)(b) amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 6).

(b)

take reasonable steps to ensure that the person undergoes training and testing as required by the Secretary under regulation 12.

Reg. 12 amended by S.R. No. 148/2019 reg. 4(Sch. 1 item 7).

reg 12Condition of towing depot manager accreditation

For the purposes of section 72(2) of the Act, the holder of a towing depot manager accreditation must undergo training and testing as required by the Secretary from time to time in relation to the safe, timely, efficient and law abiding provision of accident towing services.

Accident Towing Services Regulations 2019

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