Exemption for tow truck drivers
312 Exemption for tow truck drivers
It is a defence to the prosecution of the driver of a tow truck for an offence against a provision mentioned in subrule (2) if, at the time of the offence—
the driver is engaged in loading, or connecting to, a vehicle to which this rule applies; and
the driver is unable to comply with the provision; and
the tow truck is displaying a flashing light; and
the driver is acting safely.
Note
Tow truck is defined in the dictionary.
For subrule (1), the provisions are as follows—
• Part 4 (Making turns);
• Part 6 (Traffic lights and twin red lights);
• Division 1 (Places with stop signs, stop lines, give way signs or give way lines) of Part 7 (Giving way);
• Part 8 (Traffic signs and road markings);
• Part 9 (Roundabouts);
• Part 11 (Keeping left, overtaking and other driving rules);
• Part 12 (Restrictions on stopping and parking);
• rule 288 (Driving on a path);
• rule 289 (Driving on a nature strip);
• rule 290 (Driving on a traffic island).
This rule applies to the following vehicles—
a vehicle at the scene of a crash;
a disabled vehicle;
a vehicle unsafely or unlawfully parked that the driver is authorised to tow away.
Note
Crash is defined in the dictionary. Vehicle is defined in rule 15.
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