Tow Truck Regulation 2009

1Short title

This regulation may be cited as the Tow Truck Regulation 2009.

2Commencement

This regulation commences on 1 September 2009.

3Definitions

The dictionary in schedule 5 defines particular words used in this regulation.

4Eligibility to apply for a driver’s certificate

(1)A person is eligible to apply for a driver’s certificate if the person—

(a)is 18 years or more; and

(b)holds a driver licence authorising the driving of the class of vehicle for which the certificate is sought; and

(c)is able to show the person has the ability to drive a tow truck.

(2)A person is able to show the person has the ability to drive a tow truck if the person—

(a)has held a driver licence authorising the driving of a class of vehicle for which the certificate is sought for a continuous period of 3 years immediately before an application for the certificate is made; or

(b)can demonstrate, to the satisfaction of the chief executive, by a practical driving test, that the person has—

(i)the ability to drive and properly control a class of vehicle for which the certificate is sought whilst towing a motor vehicle; and

(ii)the ability to position a tow truck and correctly prepare a motor vehicle for towing; and

(iii)a thorough knowledge of the correct procedures for towing various classes of motor vehicles.

s 4 amd 2010 SL No. 189s 6

5Eligibility to apply for an assistant’s certificate

A person is eligible to apply for an assistant’s certificate if the person is 16 years or more.

6Definition for div 2

In this division—

applicant means a person applying for an approval.

7Application for approval

An application for an approval must be—

(a)made in the approved form; and

(b)supported by enough information to enable the chief executive to decide the application; and

(c)accompanied by the prescribed fee.

8Chief executive may require satisfactory evidence

(1)Before deciding an application for an approval, the chief executive may, by written notice to the applicant, require the applicant to give the chief executive satisfactory evidence of any of the following—

(a)the applicant’s—

(i)name and address; and

(ii)if there is a current postal address for the applicant—the postal address; and

(iii)age; and

(iv)current driver licence;

(b)whether the applicant has previously been the holder of an approval issued under the Act or under a corresponding law;

(c)any other information relevant to the application required by the chief executive.

(2)In this section—

corresponding law means a law of another State that provides for the same matter as the Act.

s 8 amd 2014 SL No. 219s 11

9Applicant to undertake test or be medically examined

(1)Before deciding an application for an approval, the chief executive may, by written notice to the applicant, require the applicant to—

(a)undertake a test decided by the chief executive; or

(b)be medically examined by a doctor.

(2)If the applicant is examined under subsection (1)(b), the applicant must give to the chief executive a medical certificate signed by the doctor who examined the applicant stating—

(a)the doctor personally examined the applicant knowing the person to be an applicant; and

(b)the date of the examination; and

(c)if, in the doctor’s opinion, having regard to the health and safety of the public generally, the applicant is mentally and physically an appropriate person to hold an approval.

(3)The chief executive may require the applicant to obtain the medical certificate, or a further medical certificate, from a doctor decided by the chief executive.

(4)In this section—

test includes a written or oral test and a driving test.

10Grant of certificate or miscellaneous permit

(1)The chief executive must refuse an application for—

(a)a driver’s certificate, or a miscellaneous permit by an applicant for a driver’s certificate, if the applicant is not an eligible person to apply for a certificate under section 4; or

(b)an assistant’s certificate, or a miscellaneous permit by an applicant for an assistant’s certificate, if the applicant is not an eligible person to apply for a certificate under section 5.

(2)The chief executive may refuse an application for a certificate or a miscellaneous permit if—

(a)the applicant has been convicted of a disqualifying offence; or

(b)the applicant has had a driver licence suspended, modified or cancelled.

(3)However, subsection (2)(a) does not apply if the rehabilitation period for the conviction under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired and the conviction has not been revived.

10AForm of certificate notice

(1)This section applies if the chief executive gives a person written notice (a certificate notice) of—

(a)the granting of a certificate to the person; or

(b)the renewal of the person’s certificate; or

(c)the issuing of a replacement document evidencing the granting of a certificate to the person.

(2)The certificate notice may be in the form of a smartcard certificate or an interim transport authority.

(3)Subsection (2) does not limit the form the certificate notice may take.

(4)A smartcard certificate given to a person may be in the form of a smartcard transport authority that includes information about 1 or more other transport authorities held by the person.

(5)In this section—

transport authority see the Transport Planning and Coordination Act 1994, section 36G(3).

s 10A ins 2010 SL No. 189s 7

10BGeneral provisions about certificate notice

(1)A certificate notice may—

(a)indicate by way of a code, expression or otherwise that the person holds a certificate, and whether the certificate is subject to a condition; and

(b)contain information about—

(i)the certificate; and

(ii)the person’s personal particulars.

(2)A code or expression mentioned in subsection (1) may be—

(a)stated on a certificate notice; or

(b)stored electronically on a smartcard certificate.

(3)Subsection (1) does not limit the information that a certificate notice may contain.

s 10B ins 2010 SL No. 189s 7

10CExpressions on certificate notice

(1)The expression ‘tow truck driver’ on a certificate notice indicates that the person is the holder of a driver’s certificate.

(2)The expression ‘tow truck assistant’ on a certificate notice indicates that the person is the holder of an assistant’s certificate.

s 10C ins 2010 SL No. 189s 7

10DCodes on certificate notice

(1)The following codes may be used on a certificate notice to show whether a certificate is subject to a condition—

•‘N’ stated on a certificate notice to show that—

•the certificate is not subject to a condition; or

•the certificate is subject to a condition evidence of which need not be carried by the holder of the certificate while carrying out activities for which the certificate is required

•‘Y’ stated on a certificate notice to show that the certificate is subject to a condition evidence of which must be carried by the holder of the certificate while carrying out activities for which the certificate is required

•‘TEXT’ stored on a smartcard certificate to show that the certificate is subject to a condition.

(2)A code mentioned in the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010, schedule 2 may also be used on a certificate notice to show the class of vehicle that a certificate holder is authorised to drive under the certificate.

s 10D ins 2010 SL No. 189s 7

amd 2014 SL No. 8s 17

11Identity card for holder of a certificate

(1)If the chief executive grants a certificate to a person, the chief executive must give the person an identity card.

(2)The identity card must—

(a)contain a photo of the person; and

(b)identify the person as a certificate holder; and

(c)state the person’s identifying number as a certificate holder; and

(d)state an expiry date; and

(e)bear the certificate holder’s signature.

s 11 amd 2010 SL No. 189s 8

12Holder to sign written notice or permit document

(1)This section applies if the chief executive gives a person—

(a)a certificate notice; or

(b)a document evidencing the granting of a miscellaneous permit to the person (a permit document).

(2)The person must, on receiving the certificate notice or permit document, sign it in ink with the person’s usual signature in the space provided on it.

Maximum penalty—20 penalty units.

(3)Subsection (2) does not apply to a smartcard certificate.

s 12 sub 2010 SL No. 189s 9

13Application by holder for replacement document

(1)This section applies if—

(a)information stated on a document evidencing the granting of an approval to a person is incorrect; or

(b)the holder of an approval becomes aware, or reasonably suspects, a document evidencing the granting of an approval has been damaged, lost or stolen.

Note—

See also section 14A for notifying the chief executive if a document has been damaged, lost or stolen.

(2)The holder may apply to the chief executive for a replacement document.

(3)An application under this section, other than an exempt application, must be—

(a)made in the approved form; and

(b)accompanied by—

(i)the document, unless the document has been, or the holder reasonably suspects it has been, destroyed, lost or stolen; and

(ii)the prescribed fee.

(4)After receiving the application, the chief executive must issue a replacement document to the holder if the chief executive is satisfied—

(a)if subsection (1)(a) applies—the information on the document was incorrect; or

(b)if subsection (1)(b) applies—the document has been damaged, lost or stolen.

(5)If the original document that has been replaced comes into, or returns to, the holder’s possession after a replacement document has been issued to the holder, the holder must destroy the original document.

Maximum penalty—20 penalty units.

(6)The chief executive may waive payment of the fee mentioned in subsection (3)(b)(ii) if—

(a)the original document was a smartcard certificate; and

(b)the chief executive is satisfied the holder has not received the smartcard certificate because it has been lost or stolen.

(7)Also, the chief executive may waive payment of the fee mentioned in subsection (3)(b)(ii) if the chief executive is satisfied the original document was lost or damaged because of a natural disaster.

(8)In this section—

approval does not include an application for the renewal of a licence, certificate or permit

exempt application means an application for the replacement of a smartcard certificate if the chief executive is satisfied the smartcard certificate was not received by the holder because it has been lost or stolen.

original document means a document that is the subject of an application under subsection (2) because subsection (1)(b) applies.

s 13 sub 2010 SL No. 189s 9

amd 2014 SL No. 161s 7; 2014 SL No. 232s 4

13AChief executive may require document evidencing granting of approval to be replaced

(1)This section applies if information stated on a holder’s document evidencing the granting of an approval to the person (the document) is incorrect and the chief executive reasonably believes the error was caused by the chief executive.

(2)The chief executive may, by written notice, require the holder of the document to return the document to the chief executive for replacement.

(3)The notice must include a statement identifying the information that is incorrect and the correct information.

(4)The holder must comply with the notice, unless the holder has a reasonable excuse.

Maximum penalty—20 penalty units.

(5)After receiving the document, the chief executive must give the holder a replacement document stating the correct information.

s 13A ins 2010 SL No. 189s 9

13BUpgrading to smartcard certificate

(1)This section applies to the holder of a certificate notice evidencing the granting of a certificate, if the certificate notice is not a smartcard certificate.

(2)The holder may apply to the chief executive to replace the certificate notice with a smartcard certificate.

(3)The application must be—

(a)made in the approved form; and

(b)accompanied by the prescribed fee.

(4)The chief executive may replace the certificate notice with a smartcard certificate for the same period as the unexpired period of the approval.

s 13B ins 2010 SL No. 189s 9

14Conditions of licence

(1)It is a condition of every licence that a licence holder must—

(a)offer towing services, 24 hours a day, 7 days a week; and

(b)conduct the business from premises owned or leased only by the licence holder; and

(c)conduct the business from premises that conform with the requirements of the local government for the local government area in which the premises are situated; and

(d)supply communication equipment suitable for the deployment of mobile units—

(i)at the premises; and

(ii)in motor vehicles licensed under the Act; and

(e)have a holding yard as a place of safe storage.

(2)A licence holder may apply to the chief executive for exemption of the licence from a condition mentioned in subsection (1).

(3)The application must be made in writing.

(4)In deciding whether or not to give the exemption, the chief executive must consider the following—

(a)whether a condition has been substantially complied with;

(b)whether compliance with the condition is unnecessary in the particular circumstances;

(c)whether the action taken or proposed to be taken for the matter that is the subject of the exemption is as effective as, or more effective than, compliance with the condition.

(5)The chief executive must give the applicant written notice of the decision whether or not to give the exemption.

(6)If the chief executive decides not to give the exemption—

(a)sections 28 and 29 of the Act apply to the decision as if the decision were mentioned in schedule 1 of the Act; and

(b)the notice under subsection (5) must state that the applicant may—

(i)under section 28 of the Act, ask the chief executive to review the decision; and

(ii)under section 29 of the Act, apply to QCAT for the chief executive’s decision on the review to be reviewed.

(7)A person must not contravene a condition of a licence imposed under subsection (1).

Maximum penalty for subsection (7)—20 penalty units.

s 14 amd 2009 SL No. 265s 68

14ANotifying chief executive if document evidencing granting of approval damaged, lost or stolen

(1)This section applies if the holder of an approval becomes aware, or reasonably suspects, his or her document evidencing the granting of an approval has been damaged, lost or stolen.

(2)The holder must give the chief executive written notice of the damage, loss or theft as soon as practicable after becoming aware of, or suspecting, it.

Maximum penalty—20 penalty units.

(3)Despite subsection (2), the notice is sufficiently given if an application for a replacement document is made under section 13.

s 14A ins 2010 SL No. 189s 10

amd 2014 SL No. 161s 8

15Change of name, address or postal address

(1)This section applies if the holder of an approval changes any of the following—

(a)the holder’s name or address;

(b)if there is a current postal address for the holder—the postal address.

(2)The holder must, within 14 days after the change, give the chief executive—

(a)for a change of name—written notice of the change; or

(b)for any other change—notice of the change.

Maximum penalty—20 penalty units.

(3)If the chief executive is satisfied the information given by the holder is correct, the chief executive must—

(a)for a change of name—give the holder a replacement document evidencing the granting of the approval that records the change of name; or

(i)endorse the change of name on the document evidencing the granting of the approval; or

(ii)give the holder a replacement document evidencing the granting of the approval that records the change of name; or

(b)for a change of address—

(i)give the holder a replacement document evidencing the granting of the approval that records the change of address; or

(ii)give the holder a change of address label.

(4)If a change of address label is damaged, lost or stolen, the holder must promptly ask the chief executive for a replacement label.

Maximum penalty—20 penalty units.

(5)On receipt of a change of address label or a replacement label, the holder must promptly attach the label to the back of the document evidencing the granting of the approval in the space provided for a change of address label.

Maximum penalty for subsection (5)—20 penalty units.

s 15 sub 2010 SL No. 189s 10

amd 2014 SL No. 219s 12; 2015 SL No. 160s 4

15AHolder of approval to give notice of particular events

The holder of an approval must give the chief executive signed notice of any of the following events within 14 days after the event happens—

(a)the holder, or if the holder is a corporation, an executive officer of the holder is—

(i)convicted of a disqualifying offence; or

(ii)charged with a disqualifying offence and the charge has not been finally disposed of; or

(iii)convicted of an offence against the Act;

(b)if the holder is a corporation—a new executive officer of the holder is appointed.

Maximum penalty—20 penalty units.

s 15A ins 2009 SL No. 248s 4

15BNotifiable events under other Acts

(1)This section applies if the holder of an approval—

(a)has an obligation under the Act to notify the chief executive of a notifiable event; and

(b)has an obligation under a prescribed smartcard Act to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002, of the same notifiable event; and

(c)complies with the obligation under the prescribed smartcard Act.

(2)The obligation under the Act to notify the chief executive of the notifiable event is taken to have been satisfied if any time allowed to make the notification under the Act has not expired.

(3)In this section—

notifiable event, for the holder of an approval, means any of the following—

(a)a change of the holder’s name;

(b)a change of the holder’s address;

(c)if there is a current postal address for the holder—a change of the postal address;

(d)the damage, loss or theft of a certificate notice or permit document.

prescribed smartcard Act means any of the following Acts—

(a)the Adult Proof of Age Card Act 2008;

(b)the Transport Operations (Marine Safety) Act 1994;

(c)the Transport Operations (Passenger Transport) Act 1994;

(d)the Transport Operations (Road Use Management) Act 1995.

s 15B ins 2010 SL No. 189s 11

amd 2014 SL No. 219s 13; 2015 SL No. 162s 6

16Licence or towing permit to be kept in safe custody

The holder of a licence or a towing permit must keep the licence or permit in safe custody at the place of business stated in the licence or permit.

Maximum penalty—20 penalty units.

17Documents to be carried

(1)The holder of a miscellaneous permit must carry written notice of the granting of the permit while carrying out activities for which the permit is required.

Maximum penalty—20 penalty units.

(2)The holder of a certificate must carry 1 of the following documents while carrying out activities for which a certificate is required—

(a)the holder’s smartcard certificate;

(b)the holder’s interim transport authority;

(c)another certificate notice about the granting, renewal or replacement of the holder’s certificate.

Maximum penalty—20 penalty units.

(3)If the chief executive has imposed a condition on the holder of a certificate, the holder must also carry any document evidencing the imposed condition if the imposed condition requires it.

Maximum penalty—20 penalty units.

(4)Subsection (3) does not apply to a condition about a person’s traffic history or criminal history.

s 17 sub 2010 SL No. 189s 12

18Dress of holder of approval

The holder of an approval must, when acting under the authority of the approval, be neatly dressed.

Maximum penalty—20 penalty units.

19Conduct of holder of approval

(1)The holder of an approval must not when acting under the authority of the approval—

(a)advertise or promote the business of anyone other than the holder of the licence or towing permit under which the holder is acting; or

(b)seek business for anyone other than the holder of the licence or towing permit under which the holder is acting; or

(c)wear clothing displaying, or display, including display on the tow truck stated in the approval, any advertising or markings other than the following particulars—

(i)the business name, place of business or telephone number of the approval holder;

(ii)the name of the wearer;

(iii)if the holder is the agent of an approved organisation—the details mentioned in subparagraph (i) for the approved organisation.

Maximum penalty—20 penalty units.

(2)The particulars mentioned in subsection (1)(c) must be in printing of a uniform size and style.

Maximum penalty—20 penalty units.

(3)In this section—

approved organisation means—

(a)a motoring organisation; or

(b)an organisation providing benefits for motorists;

approved in writing by the chief executive.

20Conduct at scene of incident

The holder of an approval must not when acting under the authority of the approval at the scene of an incident, either directly or indirectly—

(a)cause or threaten wilful injury to a person; or

(b)cause or threaten wilful damage to a person’s property; or

(c)intimidate or harass a person; or

(d)abuse or insult a person; or

(e)prejudice the delivery of first aid or medical treatment to a person who is receiving, or needs to receive, first aid or medical treatment; or

(f)obtain, or attempt to obtain, the signature of an owner of a motor vehicle involved in the incident, or the owner’s agent, on a towing authority, if the owner or agent appears unable to make an informed decision about whether or not to sign the towing authority.

Examples of an owner or agent who may be unable to make an informed decision under paragraph (f)—

•an owner or agent who has been injured in the incident

•an owner or agent who is distressed as a result of someone else being killed or injured in the incident

Maximum penalty—20 penalty units.

21No disclosure of information

The holder of an approval must not disclose information about an incident or seizure of a motor vehicle obtained while acting under the authority of the approval, to anyone other than—

(a)the owner of a motor vehicle involved in the incident or seizure, or the owner’s agent; or

(b)an authorised officer; or

(c)the holder’s principal or employer, or an agent or employee of the holder, if the agency or employment is directly related to the towing of motor vehicles.

Maximum penalty—20 penalty units.

22Remaining at the scene of an incident

(1)The holder of an approval acting under the authority of the approval must not remain at the scene of an incident if the tow truck the holder is operating is not classified to tow a motor vehicle involved in the incident.

Maximum penalty—20 penalty units.

(2)The holder does not contravene subsection (1) if the holder remains at the scene to give first aid to a person injured in the incident.

23Damaging a document

A person must not wilfully damage a document that is—

(a)written notice of the granting or renewal of an approval; or

(b)a towing authority.

Maximum penalty—20 penalty units.

s 23 sub 2010 SL No. 189s 13

24Chief executive may direct superseded document to be destroyed

(1)The chief executive may direct a person to destroy the person’s superseded document.

(2)The person must comply with the direction.

Maximum penalty—20 penalty units.

(3)In this section—

document means a certificate notice or a permit document.

superseded document includes a superseded smartcard transport authority.

Note—

See the Transport Planning and Coordination Regulation 2017, section 7(5) for when an interim transport authority has effect as a smartcard transport authority.

s 24 sub 2010 SL No. 189 s 13

amd 2017 SL No. 160 s 17 sch 2

24AOnly 1 certificate to be held at the same time

A person must not hold more than 1 driver’s certificate or assistant’s certificate at the same time.

Maximum penalty—40 penalty units.

s 24A ins 2010 SL No. 189s 13

24BPossessing another person’s document

(1)A person must not possess another person’s document, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)A person must not give the person’s document to another person if the person knows, or ought reasonably to know, the other person intends to use the document to deceive someone.

Maximum penalty—40 penalty units.

(3)For subsection (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.

(4)In this section—

document means a certificate notice or a permit document.

s 24B ins 2010 SL No. 189s 13

24CDocument purporting to be certificate notice or permit document

(1)A person must not possess a document that resembles a certificate notice or permit document and is calculated to deceive someone.

Maximum penalty—40 penalty units.

(2)A person must not give another person a document that resembles a certificate notice or permit document and is calculated to deceive someone.

Maximum penalty—40 penalty units.

(3)For subsections (1) and (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.

s 24C ins 2010 SL No. 189s 13

25Records to be kept

(1)The holder of a licence or towing permit must record the prescribed particulars for every motor vehicle towed under the licence or towing permit from the scene of an incident or seizure—

(a)at the place of business stated in the licence or permit; and

(b)within 24 hours of the particulars being supplied to, or becoming known to, the holder.

Maximum penalty—20 penalty units.

(2)In this section—

prescribed particulars means the following particulars—

(a)the name and address of the person who gave the holder information about the incident or seizure;

(b)the place, date and approximate time of the incident or seizure;

(c)the make, and registration or other identification number, of the vehicles in the incident or seizure;

(d)the registration or other identification number of each tow truck attending the incident or seizure.

26Custody of records

The holder of a licence or towing permit must keep a record made under section 25—

(a)in safe custody at the place of business stated in the licence or permit; and

(b)for at least 1 year from the day the record was made.

Maximum penalty—20 penalty units.

27Towing authority to be completed

(1)This section applies if the driver of a tow truck, acting under the authority of a driver’s certificate or a miscellaneous permit, intends to tow a motor vehicle from the scene of an incident or seizure.

(2)The driver must—

(a)properly and fully complete a towing authority for the vehicle for signature by an authorising person for the vehicle; and

(b)after the authorising person signs the towing authority, give the signed copy of the towing authority to the authorising person.

Maximum penalty—20 penalty units.

28First vehicle to be towed

(1)This section applies if the driver of a tow truck, acting under the authority of a driver’s certificate or a miscellaneous permit (the driver), has obtained an authorising person’s signature under section 27 to tow a motor vehicle (the first vehicle) from the scene of an incident or seizure.

(2)The driver must not obtain, or attempt to obtain, an authorising person’s signature for any other motor vehicle until the first vehicle has been towed from the scene of the incident or seizure.

Maximum penalty—20 penalty units.

29Authorised officer may authorise tow

(1)This section applies if the owner of a damaged or seized motor vehicle, or the owner’s agent, is absent from the motor vehicle or incapacitated.

(2)An authorised officer may sign a towing authority for the motor vehicle.

(3)The driver of a tow truck towing the motor vehicle under the towing authority must tow the motor vehicle to—

(a)the nearest holding yard available to the driver; or

(b)if directed by a police officer, the nearest police station or other premises directed by the police officer.

Maximum penalty—20 penalty units.

(4)If the motor vehicle to be towed is a damaged motor vehicle, the holder of the licence or towing permit for the tow truck stated in the towing authority must give the original towing authority to the chief executive within 7 days after the motor vehicle is towed.

Maximum penalty—20 penalty units.

(5)If the motor vehicle to be towed is a seized motor vehicle, the driver of a tow truck stated in the towing authority must give the original towing authority to the authorised officer before the motor vehicle is towed.

Maximum penalty—20 penalty units.

30Most direct route to be used

The driver of a tow truck authorised by a towing authority to tow a motor vehicle from the scene of an incident or seizure must, as soon as practicable, tow the motor vehicle to the address stated on the towing authority by the most direct route.

Maximum penalty—20 penalty units.

31Vehicle owner liable for towing charge

(1)This section applies if a motor vehicle is towed under a towing authority signed by an authorised officer.

(2)The owner of the motor vehicle is liable for the payment of the towing charges payable for towing the motor vehicle.

32Towing charges

(1)The holder of an approval must not charge more than the amount stated in schedule 3 for a standard tow of a damaged motor vehicle from an incident.

Maximum penalty—20 penalty units.

(1A)An amount stated in schedule 3 is inclusive of any GST payable in relation to the tow.

(2)The holder of an approval may only charge an amount that is reasonable in all the circumstances for towing—

(a)a damaged motor vehicle from an incident other than a standard tow; or

(b)a seized motor vehicle.

Maximum penalty—20 penalty units.

(3)In this section—

standard tow includes—

(a)up to 60 minutes working time at the scene; and

(b)removing the motor vehicle from the scene to a place stated in the towing authority; and

(c)up to 72 hours storage of the motor vehicle in a holding yard.

working time means time spent at the scene of an incident—

(a)preparing a motor vehicle for towing; and

(b)cleaning up the scene of the incident;

after an authorising person for the motor vehicle has signed a towing authority for the motor vehicle.

s 32 amd 2010 SL No. 189s 14

33No charge for business hours viewing

A person must not impose a charge on the owner of a motor vehicle stored in the holding yard, or the owner’s agent, to view the motor vehicle during business hours.

Maximum penalty—20 penalty units.

34Notice of storage charges

The holder of a licence or towing permit must not impose a charge for the storage of a motor vehicle in the holder’s holding yard unless the holder gives the owner of the motor vehicle, or the owner’s agent, written notice, served by post or by delivering it to the owner personally, stating—

(a)the charge is to be imposed no sooner than 2 days after service of the notice; and

(b)the amount of the charge.

Maximum penalty—20 penalty units.

35Removal from place of storage

(1)A person must not charge for towing or moving a motor vehicle stored in a holding yard to the entrance of the yard.

Maximum penalty—20 penalty units.

(2)Subsection (3) applies if—

(a)a motor vehicle is stored in the holding yard of the holder of a licence or towing permit; and

(b)the owner of the motor vehicle, or the owner’s agent, asks the holder to release the motor vehicle.

(3)The holder must release the motor vehicle as soon as is practicable but no longer than 4 business hours after the request by towing or moving the motor vehicle to an accessible position at the entrance of the holding yard.

Maximum penalty—20 penalty units.

36Chief executive may investigate charges

The chief executive may investigate the charges imposed for towing or salvaging a motor vehicle.

37Movable property to be kept in safe custody

The holder of a licence or towing permit must keep movable property mentioned in section 12(2)(h) of the Act in safe custody until the property is returned to the owner or the owner’s agent.

Maximum penalty—20 penalty units.

38Tow truck specifications

(1)A person must not drive, use or operate a tow truck unless the tow truck—

(a)is in a good and serviceable condition; and

(b)conforms with the requirements of schedule 1; and

(c)is operated in accordance with the requirements of schedule 1.

Maximum penalty—20 penalty units.

(2)However, if the tow truck is a heavy vehicle, subsection (1)(a) does not apply to the tow truck to the extent that the matters mentioned in that provision are covered by the Heavy Vehicle National Law (Queensland).

(3)In this section—

tow truck includes a trailer carrying a motor vehicle.

s 38 amd 2014 SL No. 8s 18

39Disposal of tow truck

(1)The holder of a licence or towing permit must, before disposing of a tow truck, remove from the tow truck any marking indicating or tending to indicate that it is a tow truck that a licence or permit applies to.

Maximum penalty—20 penalty units.

(2)The holder must, within 7 days of disposing of a tow truck, give the chief executive written notice of the name and address of the person acquiring the tow truck.

Maximum penalty—20 penalty units.

(3)The holder must—

(a)either—

(i)if the licence or permit is for 1 tow truck only—surrender and return the licence or permit to the chief executive; or

(ii)if the licence or permit is for more than 1 tow truck—return the licence or permit to the chief executive for amendment; and

(b)return to the chief executive any towing authorities issued for the tow truck.

Maximum penalty—20 penalty units.

40Exemption from Act, ss 5, 13 and 26

(1)A person who travels in, or is employed on or about, or who uses a tow truck, in any of the circumstances mentioned in subsection (2) is exempt from sections 5, 13 and 26 of the Act.

(2)The circumstances for subsection (1) are when the tow truck is being used—

(a)to tow—

(i)a motor vehicle registered under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010, in the name of the owner of the tow truck; or

(ii)a motor vehicle other than a damaged or seized motor vehicle; or

(b)by a qualified motor mechanic for road testing the tow truck for, or after completion of, mechanical adjustment or repairs to the tow truck or its equipment; or

(c)in an area outside an area mentioned in schedule 4.

(3)For schedule 4, a reference to a shire or city by name is a reference to the shire or city of that name declared as a local government area under the Local Government Act 1993 as in force immediately before the changeover day.

Notes—

1Under the Local Government Act 1993 as in force immediately before the changeover day, shires and cities were described in the Local Government (Areas) Regulation 2005, schedule 1 as in force immediately before the changeover day.

2Each map mentioned in the Local Government (Areas) Regulation 2005, schedule 1 as in force immediately before the changeover day can be—

(a)accessed by members of the public, free of charge, on the department’s website; or

(b)purchased from any office of the department in which the Survey and Mapping Infrastructure Act 2003 is administered.

(4)In this section—

changeover day means 15 March 2008.

Note—

15 March 2008 is the changeover day declared under the Local Government Act 1993, section 159YE(2) for all new, adjusted and continuing local government areas listed in schedule 1A of that Act. See the notice published in the gazette on 23 November 2007 at page 1680.

s 40 amd 2010 SL No. 191s 133sch 7

41Exemption from Act if no class 4 tow truck

(1)This section applies if the recovery of a damaged or seized motor vehicle (the recovered vehicle) from the scene of an incident or seizure requires a class 4 tow truck, and no class 4 tow truck is based within a 100km radius of the scene of the incident or seizure.

(2)A person who uses a motor vehicle equipped with a crane or hoist, having a safe working load of at least 5t, to recover and load the recovered vehicle on the motor vehicle for removal from the scene of the incident or seizure, is exempt from the Act if the person uses the motor vehicle under directions given by an authorised officer.

42Fees

The fees payable under the Act are stated in schedule 2.

43Waiver of additional application fee

The chief executive may waive the payment of an additional application fee payable under schedule 2 for a person.

44Refund of additional application fee

(1)This section applies if—

(a)an application for a licence is made and the chief executive does not ask the police commissioner for a written report about a person’s criminal history under section 36(1) of the Act in relation to the application; or

(b)an application for a driver’s certificate or an assistant’s certificate is made and the chief executive does not ask the commissioner for a written report about a person’s criminal history under section 36(1) of the Act in relation to the application.

(2)The additional application fee paid under schedule 2 for the application must be refunded to the applicant.

s 44 amd 2009 SL No. 248s 5; 2015 SL No. 160s 5

45Repeal

The Tow Truck Regulation 1999, SL No. 142 is repealed.

46References to repealed Tow Truck Regulation 1999

In a document, a reference to the repealed Tow Truck Regulation 1999 is, if the context permits, taken to be a reference to this regulation.

section 38

1This part applies only to a tow truck that is a tray tow truck or platform tow truck.

2Tow trucks are classified as 1 of the following classifications—

(a)class 1T;

(b)class 2T;

(c)class 3T;

(d)class 4T;

(e)class 5T.

3A tow truck must have a load capacity appropriate to the loaded mass of any motor vehicle it is required to carry for its classification.

4A class 1T tow truck must have a load capacity of at least 2.4t.

5A class 2T tow truck must have a load capacity of at least 5.5t.

6A class 3T tow truck must have a load capacity of at least 11t.

7A class 4T tow truck must have a load capacity of at least 16t.

8A class 5T tow truck—

(a)must have a load capacity of at least 100kg; and

(b)is equipped with a rack able to hold a motorcycle in a secure position while carrying the motorcycle.

1This part applies to a tow truck other than a tray tow truck or a platform tow truck.

2Tow trucks are classified as 1 of the following classifications—

(a)class 1;

(b)class 2;

(c)class 3;

(d)class 4.

3A tow truck must have a load capacity appropriate to the loaded mass of any motor vehicle it is required to carry for its classification.

4A class 1 tow truck must—

(a)have a load capacity of at least 1.2t; and

(b)be equipped with a crane or hoist with a safe working load of at least 1t; and

(c)be limited to the lifting and carrying or towing of motor vehicles with a loaded mass of not more than 2t.

5A class 2 tow truck must—

(a)have a load capacity of at least 3t; and

(b)be equipped with a crane or hoist with a safe working load of at least 2.5t; and

(c)be limited to the lifting and carrying or towing of a motor vehicle with a loaded mass of not more than 5t.

6A class 3 tow truck must—

(a)have a load capacity of at least 6t; and

(b)be equipped with a crane or hoist with a safe working load of at least 5t; and

(c)be limited to the lifting and carrying or towing of a motor vehicle with a loaded mass of not more than 10t.

7A class 4 tow truck must—

(a)have a minimum gross combination mass of 25t; and

(b)be equipped with—

(i)tandem or tri-rear axle group; and

(ii)a power operated winch; and

(iii)a crane or hoist having a safe working load of at least 5t.

1Dolly wheel equipment must—

(a)be used only in conjunction with a class 1 tow truck; and

(b)not be more than 2.5m in overall width; and

(c)be equipped with suitable curved tyre saddles of sufficient length to adequately support the load; and

(d)have a load capacity of at least 1.2t; and

(e)be fitted with adequate means to restrain the particular axles of the motor vehicle being supported by the dolly wheels before and during towing; and

(f)be conspicuously marked in letters and figures of at least 50mm in height and 25mm in width as follows—

‘Max. load 1.2t’.

1A winch fitted to a tow truck must be adequately mounted and the load applied to the winch must not be more than the safe working load specified for the winch by its manufacturer or, if no safe working load for the winch has been specified by its manufacturer, the safe working load for the winch certified by an engineer.

2A tow truck must be maintained in accordance with any requirements that apply to the tow truck under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010.

3(1)A tow truck must have markings on both sides of the tow truck that display—

(a)the name, business address and telephone number of the licence or towing permit holder; and

(b)the classification of the tow truck; and

(c)the licence or permit number of the tow truck.

(2)The markings must be clearly legible at a distance of 30m.

(3)The markings may be on the tow truck or on signs attached to the tow truck if the markings or signs are not likely to—

(a)make the use of the tow truck unsafe; or

(b)cause injury, annoyance or distraction to a person.

(4)Any markings placed on the tow truck in addition to the markings required under subitem (1) or permitted under subitem (6), must be displayed so as not to assume greater significance than the markings required by subitem (1).

(5)Any markings placed on the tow truck, other than words, including abbreviations of words, figures and punctuation marks must not be more than 1,000 square centimetres in area.

(6)A tow truck may be equipped with 1 illuminated sign if the sign—

(a)is fitted with a fixed incandescent bulb of constant intensity; and

(b)has a total illuminated surface area of not more than 3,000 square centimetres.

4(1)A tow truck must—

(a)be equipped with sufficient means for supporting a load in its raised position while under tow; and

(b)be fitted with dual wheels on the rear axle or axles; and

(c)to ensure some of the mass of a towed motor vehicle will be taken on at least 2 wheels on a single axle of the towed motor vehicle before the tow truck is put in motion, be fitted with—

(i)spacer bars designed to minimise any damage that may be caused to the towed motor vehicle; and

(ii)safety chains.

(2)If a tow truck has a trailer that a motor vehicle is or may be carried on, the trailer must be fitted with at least 2 axles fitted either with single wheels or dual wheels.

5When a motor vehicle has been fully lifted by a tow truck the motor vehicle must—

(a)be wholly supported on—

(i)the carrying area of the tow truck; or

(ii)a trailer—

(A)complying with any requirements that apply to the trailer under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010, part 2A, division 2 or schedule 1; and

(B)registered under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010; and

(b)be adequately secured to the tow truck or trailer before it is moved.

6The loaded mass of a motor vehicle being lifted by a tow truck must not be more than the total mass of the tow truck if the tow truck is not a heavy vehicle.

sch 1 amd 2010 SL No. 191 s 133 sch 7; 2014 SL No. 8 s 19

section 42

sch 2 amd 2009 SL No. 248 s 6

sub 2010 SL No. 100 ss 4–5

amd 2010 SL No. 189 s 15

sub 2011 SL No. 64 s 6; 2012 SL No. 55 s 6; 2013 SL No. 75 s 8; 2014 SL No. 61 s 9

amd 2014 SL No. 161 s 9

sub 2015 SL No. 25 s 8; 2016 SL No. 49 s 8; 2017 SL No. 70 s 8

section 32

sch 3 sub 2010 SL No. 100 s 4

amd 2010 SL No. 189 s 16

sub 2011 SL No. 64 s 6; 2012 SL No. 55 s 6; 2013 SL No. 75 s 8; 2014 SL No. 61 s 9; 2015 SL No. 25 s 8; 2016 SL No. 49 s 8; 2017 SL No. 70 s 8

section 40

1The shires of—

Beaudesert

Boonah

Caboolture

Esk

Gatton

Kilcoy

Laidley

Maroochy

Noosa

Pine Rivers

Redland

2The cities of—

Brisbane

Bundaberg

Cairns

Caloundra

Gold Coast

Hervey Bay

Ipswich

Logan

Mackay

Maryborough

Redcliffe

Rockhampton

Toowoomba

3The areas made up of the parishes of—

(a)Clement and Hinchinbrook in the County of Gray; and

(b)Beor, Bohle, Coonambelah, Ettrick, Halifax, Hervey, Lansdowne, Magnetic, Margenta, Rokeby, Ross, Stuart and Wyoming in the County of Elphinstone.

section 3

applicant for part 2, division 2, see section 6.

approval means—

(a)a licence, certificate or permit; or

(b)an application for the renewal of a licence, certificate or permit.

assistant means a person, other than the driver, employed on or about a tow truck being used or to be used for the towing of a motor vehicle.

authorising person, for a motor vehicle, means—

(a)the owner of the motor vehicle; or

(b)the owner’s agent; or

(c)an authorised officer.

business hours means the time between 9.00a.m. to 5.00p.m. Monday to Friday, excluding public holidays.

certificate means—

(a)a driver’s certificate; or

(b)an assistant’s certificate.

certificate notice see section 10A.

def certificate notice ins 2010 SL No. 189 s 17(2)

class, of vehicle, see the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010, schedule 9, definition class.

def class ins 2010 SL No. 189 s 17(2)

amd 2014 SL No. s 20(2)

commissioner ...

def commissioner om 2015 SL No. 160 s 6

conforming premises means premises consisting of an area at ground level that—

(a)comply with the requirements of the Local Government Act 1993; and

(b)either—

(i)are enclosed by a fence or wall that—

(A)is structurally sound; and

(B)is at least 2.1m in height from the ground; and

(C)has lockable gates or doors that are closed and securely locked other than when a motor vehicle is being moved into or out of the area; or

(ii)if the premises do not comply with subparagraph (i)—the chief executive considers have another security barrier that is sufficient to prevent the entry of unauthorised persons into the area and the unauthorised removal of motor vehicles or property from the area.

convicted includes being found guilty, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.

current postal address, for a person, means a postal address—

(a)given by the person to the department for use by the department (whether or not it was given for the purpose of this regulation); and

(b)for which no written notice from the person, requiring the department to discontinue use of the postal address, has been received by the department.

def current postal address ins 2014 SL No. 219 s 14

damaged—

1

Damaged, in relation to a document other than a smartcard certificate, includes destroyed, defaced, mutilated or made illegible.

2

Damaged, in relation to a smartcard certificate—

(a)means—

(i)the certificate is damaged to an extent that—

(A)any information on the certificate is impossible or difficult to read without the use of technology; or

(B)a digital photo or a digitised signature on the certificate is impossible or difficult to recognise without the use of technology; or

(ii)any information stored electronically on the certificate is no longer accessible by using the holder’s PIN; and

(b)includes destroyed.

3

However, damaged, in relation to a document, does not include the document being destroyed as required under section 13(5) or 24.

def damaged sub 2010 SL No. 189 s 17

disqualifying offence has the meaning given by the Transport Operations (Road Use Management) Act 1995, schedule 4, definition disqualifying offence, paragraph (b).

dolly wheels means equipment consisting of 2 axles fitted with either single wheels or dual wheels on which the wheels of either the front or rear axles of a motor vehicle are mounted to support the part of the motor vehicle being towed.

driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

gross combination mass means the mass specified for a motor vehicle by its manufacturer as the maximum of the sum of the loaded mass of the motor vehicle plus the axle mass of the motor vehicle being towed as a semitrailer or trailer.

GVM see the Transport Operations (Road Use Management) Act 1995, schedule 4.

heavy vehicle means a heavy vehicle for the purposes of the Heavy Vehicle National Law (Queensland), as provided for in section 6 of that Law.

def heavy vehicle ins 2014 SL No. 8 s 20(1)

holding yard means conforming premises owned or leased solely by the holder of a licence and used, or to be used, by the holder for the storage of—

(a)a motor vehicle towed under the licence; and

(b)any moveable property found in the motor vehicle.

interim transport authority means an interim transport authority issued under the Transport Planning and Coordination Act 1994.

def interim transport authority ins 2010 SL No. 189 s 17(2)

load capacity means the difference between the total mass of a motor vehicle and its tare as stated on the registration certificate for the vehicle under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010.

def load capacity amd 2010 SL No. 191 s 133 sch 7

loaded mass of a vehicle means the vehicle’s mass together with the mass of the vehicle’s load that is transmitted to the ground.

miscellaneous permit means a permit issued under section 19 of the Act.

motorcycle means—

(a)a 2-wheeled motor vehicle, whether or not a sidecar is attached to it; and

(b)a 3-wheeled motor vehicle that is ridden in the same way as a 2-wheeled motor vehicle.

owner of a motor vehicle includes—

(a)a joint owner or a part owner of the vehicle; and

(b)for a motor vehicle registered under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 or under a corresponding law of another State—every person in whose name the vehicle is registered; and

(c)for a motor vehicle the subject of a hiring agreement or a hire-purchase agreement or a leasing agreement, the person who has the use of the vehicle as hirer or lessee under the agreement; and

(d)a person who is authorised to have and has control, charge or management of the vehicle.

def owner amd 2010 SL No. 191 s 133 sch 7

permit document see section 12.

def permit document ins 2010 SL No. 189 s 17(2)

place of business means premises from which a tow truck operator conducts a business under a licence or towing permit.

scene of an incident means the area within a radius of 500m from the approximate point of impact or collision.

smartcard transport authority see the Transport Planning and Coordination Act 1994, section 36G(1).

def smartcard transport authority ins 2010 SL No. 189 s 17(2)

tare means the mass of a motor vehicle equipped for travelling on a road, but not including a load.

total mass means—

(a)for a vehicle with a GVM of not more than 4.5t—the vehicle’s GVM; or

(b)otherwise—the lesser of—

(i)the vehicle’s GVM or, if the vehicle has a gross combination mass, the gross combination mass; or

(ii)the mass of the vehicle or combination and any load on it as permitted under the Heavy Vehicle National Law (Queensland).

def total mass amd 2014 SL No. 8 s 20(3)

towing permit means a permit issued under section 11 of the Act.

tray tow truck or platform tow truck means a tow truck that—

(a)has a fixed or tilting platform or tray attached to it for the carriage of a motor vehicle; and

(b)is fitted with a winch for loading a motor vehicle onto the platform or tray.