Terms used

Current

In these regulations —

authorisation statement means a statement required under regulation 34;

authorising person, in relation to an authority to tow, has the meaning given in regulation 30(1)(a)(i);

business hours means the time between 8 am and 5 pm on a day that is not a Saturday, Sunday or public holiday throughout the State;

crash site means a place —

(a)

where a vehicle that has been involved in a vehicle crash is present; and

(b)

that is a place referred to in section 6(2)(a), (b), (c) or (d) of the Act;

identified organisation means an organisation named in the Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 Schedule 2;

insurance company includes any entity that provides insurance;

member, of an identified organisation, means a person —

(a)

who has been accepted as a member of the organisation, whether informally or through a process set by the organisation; or

(b)

who identifies in any way as belonging to the organisation; or

(c)

whose conduct in relation to the organisation would reasonably lead another person to consider the person to be a member of the organisation;

notifiable occurrence means any of the following —

(a)

a notifiable incident as defined in the Work Health and Safety Act 2020 section 35;

(b)

an incident that exposes a towing worker or any other person to a serious risk to the person’s health or safety;

(c)

an incident involving a tow truck that must be reported to the police under the Road Traffic Act 1974 section 56(1);

(d)

an incident involving a tow truck that results in —

(i)

an injury that is treated by an ambulance officer; or

(ii)

an injured person being treated at a hospital;

(e)

an incident involving damage to, or a mechanical or other fault in, a tow truck that renders the tow truck unsuitable to be used in the conduct of a towing business without substantial or significant mechanical repairs or services;

(f)

an incident involving the conduct of a towing worker while engaged in work for the purposes of a towing business that results in a complaint to the police involving allegations of —

(i)

assault; or

(ii)

physical threats or other intimidation;

(g)

an incident involving the conduct of a towing worker while engaged in work for the purposes of a towing business that results in the towing worker being charged with a serious offence;

number plate has the meaning given in the Road Traffic (Vehicles) Act 2012 section 3(1);

record has the meaning given in the Criminal Investigation Act 2006 section 3(1);

relevant individual, in relation to an application for a towing business authorisation or a renewal of a towing business authorisation, means —

(a)

if the applicant is an individual — the applicant; or

(b)

if the applicant is a partnership — each partner of the partnership; or

(c)

if the applicant is a company — each director of the company; or

(d)

if the applicant is an incorporated association — each member of the management committee of the association;

relevant towing worker, in relation to a towing service provider, means a towing worker who engages in towing work for the purposes of the towing business conducted by the towing service provider;

restricted name or logo means the name or logo of an entity that —

(a)

is a public entity; or

(b)

is an insurance company; or

(c)

is a roadside assistance provider; or

(d)

provides a vehicle repair service or vehicle hire service;

roadside assistance provider means an entity that provides repair or maintenance services to broken down vehicles at the site of the breakdown;

serious offence means —

(a)

an offence under any of the following provisions of the Road Traffic Act 1974 —

(i)

section 54;

(ii)

section 56(2);

(iii)

section 59;

(iv)

section 59A;

(v)

section 59BA;

(vi)

section 60;

(vii)

section 60A;

(viii)

section 61;

(ix)

section 63;

(x)

section 64;

(xi)

section 64AA;

(xii)

section 64A;

(xiii)

section 64AAA;

(xiv)

section 64AB;

(xv)

section 64AC;

(xvi)

section 64B;

(xvii)

section 64C;

(xviii)

section 67;

(xix)

section 67AA;

(xx)

section 67AB;

(xxi)

section 67AC;

(xxii)

section 67AD;

(xxiii)

section 67A;

(b)

an offence for which the maximum penalty is, or includes, imprisonment for 5 years or more;

stop, in relation to a vehicle, has the meaning given in the Road Traffic Code 2000 regulation 3(1);

tow truck class means a class of tow truck referred to in the Road Traffic (Vehicles) Regulations 2014 regulation 414(2) or (2A);

vehicle hire service means a service for —

(a)

the hiring out of a vehicle; or

(b)

the transport of passengers by vehicle;

vehicle repair service means a service for the repair or maintenance of a vehicle;

VIN means a vehicle identification number as defined in the Road Traffic (Vehicles) Regulations 2014 regulation 3.

[Regulation 3 amended: SL 2026/53 r. 4.]

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3 Terms used