Accident towing demerit points
Schedule 2 Accident towing demerit points
Regulations 49, 50
ACCIDENT TOWING DEMERIT POINTS
In this Schedule—
ATSA means Accident Towing Services Act 2007;
ATSR means Accident Towing Services Regulations 2019;
RSRR means Road Safety Road Rules 2017;
SOA means Summary Offences Act 1966.
Column 1
| Column 2 Description of prescribed offence | Column 3 Prescribed offence | Column 4
|
|---|---|---|---|
1 | Failing to keep records | ATSR 19(1) | 2 |
2 | Failing to keep records at specified depot for specified period | ATSR 19(2) | 2 |
3 | Failing to make records available on demand | ATSR 19(4) | 2 |
4 | Failing to provide copies of records upon request | ATSR 19(5) | 2 |
5 | Failing to keep specified depot open for business | ATSR 21(1) | 2 |
6 | Specified depot not contactable during business hours | ATSR 21(2) | 2 |
7 | Tow truck not usually based at specified depot during the specified hours | ATSR 21(5) | 2 |
8 | Driver of rostered tow truck fails to take reasonable steps to attend accident scene within 30 minutes | ATSR 37(1) | 2 |
9 | Driver of rostered tow truck fails to ensure tow truck not used to tow more than one vehicle at the same time | ATSR 37(10) | 2 |
10 | Tow truck being driven or used without bound book of forms for authorities to tow | ATSR 43(3) | 3 |
11 | Failing to ensure removal of debris and glass from road accident scene | ATSR 45(1) | 3 |
12 | Failing to take reasonable steps to notify authorities of a hazard | ATSR 45(2) | 3 |
13 | Refusing to salvage or tow accident damaged motor vehicle | ATSR 47(1) | 3 |
14 | Refusing to provide vehicle owner with opportunity to make payment | ATSR 48(1) | 3 |
15 | Operating a tow truck in the course of conducting an accident towing service business without the required tow truck licence | ATSA 6 | 4 |
16 | Operating a tow truck in the course of conducting an accident towing service business other than from specified depot, and without required towing operator | ATSA 7 | 4 |
accreditation and without vehicle registration and providing towing service for vehicle that tow truck is not capable of towing | |||
17 | Driving tow truck in the course of conducting an accident towing service business without regular tow truck licence or heavy tow truck licence authorising operation of the tow truck | ATSA 8(1) | 4 |
18 | While driving tow truck in the course of conducting an accident towing service business under regular tow truck licence, towing a vehicle that tow truck is not capable of towing | ATSA 8(2) | 4 |
19 | While driving tow truck in the course of conducting an accident towing service business under heavy tow truck licence, towing a vehicle with gross vehicle mass of less than 4 tonnes or a vehicle that tow truck is not capable of towing | ATSA 8(3) | 4 |
20 | While driving a tow truck that is normally used to provide towing services for hire or reward, attending a road accident scene while not operating under a tow truck licence | ATSA 9(1) | 4 |
21 | Failing to comply with tow truck licence conditions | ATSA 26 | 2 |
22 | Failing to comply with temporary permit or permit conditions | ATSA 35(5) | 2 |
23 | Driver of tow truck damages or loses an accident damaged motor vehicle or the contents of that vehicle | ATSA 38(1) | 3 |
24 | Holder of tow truck licence fails to take reasonable steps to prevent damage or loss of an accident damaged motor vehicle or the contents of that vehicle | ATSA 38(3) | 3 |
25 | Without reasonable excuse, failing to leave a restricted road accident area when requested | ATSA 41(3) | 3 |
26 | Causing tow truck operating under regular tow truck licence to attend road accident scene in controlled area or to be used to tow or attempt to tow accident | ATSA 42(1) | 4 |
damaged motor vehicle with gross vehicle mass of less than 4 tonnes from road accident scene in controlled area, without an authorisation | |||
27 | As driver of tow truck operating under a regular tow truck licence, attending road accident scene in controlled area or towing or attempting to tow accident damaged motor vehicle with gross vehicle mass of less than 4 tonnes from road accident scene in controlled area, without an authorisation | ATSA 42(2) | 4 |
28 | Without an authorisation, causing tow truck operating under regular tow truck licence to tow or attempt to tow an accident damaged motor vehicle with a gross vehicle mass of less than 4 tonnes from a safe and convenient place | ATSA 44(1) | 4 |
29 | Without an authorisation, as driver of tow truck operating under regular tow truck licence, towing or attempting to tow an accident damaged motor vehicle with a | ATSA 44(2) | 4 |
gross vehicle mass of less than 4 tonnes from a safe and convenient place | |||
30 | Causing more than one accident damaged motor vehicle to be towed under one job number | ATSA 45(1) | 3 |
31 | As driver of tow truck operating under regular tow truck licence, towing more than one accident damaged motor vehicle under a job number | ATSA 45(2) | 3 |
32 | Failing to comply with conditions of industry accreditation | ATSA 74 | 2 |
33 | Failing to keep records relating to complaints or to provide complaint information to the Secretary when requested | ATSA 90(1) | 3 |
34 | Failing to manage record-keeping and maintenance of information about complaints or to provide complaint information to the Secretary when requested | ATSA 90(2) | 3 |
35 | Driving a licensed tow truck without holding a tow truck driver accreditation | ATSA 98(1) | 2 |
36 | Accompanying the driver of a tow truck that is providing accident towing services (whether or not the tow truck is a licensed tow truck) without holding a tow truck driver accreditation | ATSA 98(1A) | 2 |
37 | Driving a licensed tow truck with an expired tow truck driver accreditation | ATSA 98(1B) | 1 |
38 | Accompanying the driver of a tow truck that is providing accident towing services (whether or not the tow truck is a licensed tow truck) with an expired tow truck driver accreditation | ATSA 98(1C) | 1 |
39 | Failing to comply with conditions of a tow truck driver accreditation | ATSA 115 | 2 |
40 | Towing an accident damaged motor vehicle from a road accident scene without an authority to tow | ATSA 142(1) | 3 |
41 | Towing an accident damaged motor vehicle from a safe and convenient place on a designated road without an authority to tow | ATSA 142(2) | 3 |
42 | Failing to give a copy of the authority to tow to the person who authorised the tow | ATSA 144 | 3 |
43 | Failing to carry an authority to tow while towing | ATSA 145(1) | 3 |
44 | Failing to produce an authority to tow when requested, failing to give details of the origin or destination of an accident damaged motor vehicle, or failing to allow the inspection of an accident damaged motor vehicle | ATSA 145(2) | 3 |
45 | Failing to give job number to police officer or authorised officer upon request | ATSA 145(4) | 3 |
46 | Failing to tow accident damaged motor vehicle to the place specified in the authority to tow | ATSA 146 | 3 |
47 | Seeking repair work at a road accident scene or at any time from when the vehicle is towed from a road accident scene to when it is first stored at the address specified in the authority to tow | ATSA 147 | 4 |
48 | At a road accident scene, tout or solicit for towing or storage business or offer or obtain or attempt to obtain agreement for towing or storing of vehicle | ATSA 148(1) | 4 |
49 | As holder of tow truck licence, failing to ensure that accident damaged motor vehicle is towed to the place specified in the authority to tow | ATSA 150(1) | 3 |
50 | Failing to store accident damaged motor vehicle in secure area | ATSA 150(1A) | 3 |
51 | Failing to provide vehicle owner written notice regarding storage charges | ATSA 151(1) | 3 |
52 | Commencing or carrying out repair work without written approval of the owner | ATSA 153(1) | 4 |
53 | Failing to repay charges that were unlawfully collected | ATSA 153(5) | 4 |
54 | Failing to release a towed vehicle | ATSA 156(1) | 4 |
55 | Failing to take reasonable steps to ensure that the release of a towed vehicle is not frustrated or obstructed by another person | ATSA 156(2) | 4 |
56 | Failing to comply with a requirement of the Secretary or an inspector | ATSA 203(1) | 3 |
57 | Obstructing or hindering an inspector | ATSA 203(2) | 4 |
58 | Impersonating an inspector | ATSA 203(3) | 4 |
59 | Charging an unreasonable sum or a sum in excess of determination | ATSA 212I(1) | 4 |
60 | Providing false or misleading information | ATSA 215(1) | 4 |
61 | Obscene language, offensive behaviour, etc. | SOA 17 (in towing-related circumstances only) | 3 |
62 | Assault | SOA 23 (in towing-related circumstances only) | 4 |
63 | Failing to remove thing fallen from driver's vehicle onto road that may injure a person or damage a vehicle | RSRR 293 (in towing-related circumstances only) | 3 |
Sch. 3 amended by S.R. Nos 148/2019 reg. 4(Sch. 1 item 30), 128/2022 reg. 9.
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