QueenslandTow Truck Act
1973TowTruckRegulation2009Current as at [Not applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this regulation that incorporates allproposed amendments to the regulation
included in the Tow Truck and OtherLegislation
Amendment Bill 2018. This indicative reprint has been prepared
forinformation only—it is not an
authorised reprint of the regulation.An
enacted but uncommenced amendment included in theTransport and OtherLegislationAmendmentAct2017No.25hasalsobeenincorporatedinthisindicative reprint.The point-in-time
date for this indicative reprint is the introduction date for the
TowTruck and Other Legislation Amendment Bill
2018—15 February 2018.Detailed information about indicative
reprints is available on theInformationpageof the
Queensland legislation website.
Tow
Truck Regulation 2009Tow Truck Regulation 2009Part
1 Preliminary[s 1]Notauthorised—indicativeonlyPart
1Preliminary1Short
titleThisregulationmaybecitedastheTowTruckRegulation2009.2CommencementThis regulation
commences on 1 September 2009.3DefinitionsThe dictionary
in schedule 5 defines particular words used inthis
regulation.Part 2ApprovalsDivision 1Who may
apply4Eligibility to apply for a driver’s
certificate(1)A person is eligible to apply for a
driver’s certificate if theperson—(a)is 18 years or more; and(b)holds a driver licence authorising the
driving of the classof vehicle for which the certificate
is sought; and(c)is able to show the person has the
ability to drive a towtruck.(2)A
person is able to show the person has the ability to drive atow
truck if the person—Current as at [Not applicable]Page
5
Notauthorised—indicativeonlyTow Truck Regulation 2009Part 2
Approvals[s 5](a)hasheldadriverlicenceauthorisingthedrivingofaclass of vehicle for which the
certificate is sought for acontinuousperiodof3yearsimmediatelybeforeanapplication for the certificate is
made; or(b)candemonstrate,tothesatisfactionofthechiefexecutive,byapracticaldrivingtest,thatthepersonhas—(i)the ability to drive and properly
control a class ofvehicleforwhichthecertificateissoughtwhilsttowing a motor vehicle; and(ii)theabilitytopositionatowtruckandcorrectlyprepare a motor
vehicle for towing; and(iii)a thorough
knowledge of the correct procedures fortowing various
classes of motor vehicles.5Eligibility to
apply for an assistant’s certificateA person is
eligible to apply for an assistant’s certificate if theperson is 16 years or more.Division 2Application for
an approval6Definition for div 2In
this division—applicantmeans a person
applying for an approval.7Application for
approvalAn application for an approval must
be—(a)made in the approved form; and(b)supportedbyenoughinformationtoenablethechiefexecutive to
decide the application; and(c)accompanied by the prescribed fee.Page
6Current as at [Not applicable]
Notauthorised—indicativeonlyTow
Truck Regulation 2009Part 2 Approvals[s 8]8Chief executive may require
satisfactory evidence(1)Beforedecidinganapplicationforanapproval,thechiefexecutive may,
by written notice to the applicant, require theapplicant to
give the chief executive satisfactory evidence ofany
of the following—(a)the applicant’s—(i)name
and address; and(ii)ifthereisacurrentpostaladdressfortheapplicant—the postal address;
and(iii)age; and(iv)current driver
licence;(b)whether the applicant has previously
been the holder ofanapprovalissuedundertheActorunderacorresponding law;(c)anyotherinformationrelevanttotheapplicationrequired by the
chief executive.(2)In this section—corresponding
lawmeans a law of another State that
providesfor the same matter as the Act.9Applicant to undertake test or be
medically examined(1)Beforedecidinganapplicationforanapproval,thechiefexecutive may,
by written notice to the applicant, require theapplicant
to—(a)undertake a test decided by the chief
executive; or(b)be medically examined by a
doctor.(2)Iftheapplicantisexaminedundersubsection (1)(b),theapplicant must give to the chief executive a
medical certificatesigned by the doctor who examined the
applicant stating—(a)the doctor personally examined the
applicant knowingthe person to be an applicant; and(b)the date of the examination;
andCurrent as at [Not applicable]Page
7
Notauthorised—indicativeonlyTow Truck Regulation 2009Part 2
Approvals[s 10](c)if,
in the doctor’s opinion, having regard to the healthandsafetyofthepublicgenerally,theapplicantismentallyandphysicallyan
appropriatepersontoholdan
approval.(3)The chief executive may require the
applicant to obtain themedicalcertificate,orafurthermedicalcertificate,fromadoctor decided by the chief
executive.(4)In this section—testincludes a written or oral test and a
driving test.Division 3Grant, renewal
or refusal of anapproval10Grant
of certificate or miscellaneous permit(1)The
chief executive must refuse an application for—(a)adriver’scertificate,oramiscellaneouspermitbyanapplicant for a
driver’s certificate, if the applicant is notaneligiblepersontoapplyforacertificateundersection 4; or(b)an
assistant’s certificate, or a miscellaneous permit byan
applicant for an assistant’s certificate, if the applicantis
not an eligible person to apply for a certificate undersection 5.(2)The
chief executive may refuse an application for a certificateor a
miscellaneous permit if—(a)theapplicanthasbeenconvictedofadisqualifyingoffence;
or(b)theapplicanthashadadriverlicencesuspended,modified or
cancelled.Page 8Current as at
[Not applicable]
Notauthorised—indicativeonlyTow
Truck Regulation 2009Part 2 Approvals[s 10A]10AForm of certificate notice(1)Thissectionappliesifthechiefexecutivegivesapersonwritten notice
(acertificate notice) of—(a)the granting of a certificate to the
person; or(b)the renewal of the person’s
certificate; or(c)theissuingofareplacementdocumentevidencingthegranting of a certificate to the
person.(2)Thecertificatenoticemaybeintheformofasmartcardcertificate or
an interim transport authority.(3)Subsection (2)doesnotlimittheformthecertificatenoticemay
take.(4)A smartcard certificate given to a
person may be in the formofasmartcardtransportauthoritythatincludesinformationabout 1 or more
other transport authorities held by the person.(5)In
this section—transportauthorityseetheTransportPlanningandCoordination Act 1994, section
36G(3).10BGeneral provisions about certificate
notice(1)A certificate notice may—(a)indicate by way of a code, expression
or otherwise thatthe person holds a certificate, and whether
the certificateis 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 certificatenotice may
contain.Current as at [Not applicable]Page
9
Notauthorised—indicativeonlyTow Truck Regulation 2009Part 2
Approvals[s 10C]10CExpressions on certificate notice(1)Theexpression‘towtruckdriver’onacertificatenoticeindicates that the person is the holder of a
driver’s certificate.(2)Theexpression‘towtruckassistant’onacertificatenoticeindicatesthatthepersonistheholderofanassistant’scertificate.10DCodes
on certificate notice(1)Thefollowingcodesmaybeusedonacertificatenoticetoshow 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 ofwhichneednotbecarriedbytheholderofthecertificatewhilecarrying outactivitiesforwhichthe certificate
is required•‘Y’statedonacertificatenoticetoshowthatthecertificateissubjecttoaconditionevidenceofwhichmustbecarriedbytheholderofthecertificatewhilecarryingoutactivitiesforwhichthecertificateisrequired•‘TEXT’ stored on a smartcard certificate to
show thatthe certificate is subject to a
condition.(2)AcodementionedintheTransportOperations(RoadUseManagement—Driver Licensing)
Regulation 2010, schedule 2may also be used
on a certificate notice to show the class ofvehicle that a
certificate holder is authorised to drive under thecertificate.11Identity card for holder of a
certificate(1)If the chief executive grants a
certificate to a person, the chiefexecutive must
give the person an identity card.(2)The
identity card must—Page 10Current as at
[Not applicable]
Notauthorised—indicativeonlyTow
Truck Regulation 2009Part 2 Approvals[s 12](a)contain a photo of the person;
and(b)identify the person as a certificate
holder; and(c)statetheperson’sidentifyingnumberasacertificateholder;
and(d)state an expiry date; and(e)bear the certificate holder’s
signature.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 miscellaneouspermit to the person (apermit
document).(2)The person must,
on receiving the certificate notice or permitdocument, sign
it in ink with the person’s usual signature inthe space
provided on it.Maximum penalty—20 penalty units.(3)Subsection (2) does not apply to a
smartcard certificate.13Application by
holder for replacement document(1)This
section applies if—(a)informationstatedonadocumentevidencingthegranting of an approval to a person is
incorrect; or(b)the holder of an approval becomes
aware, or reasonablysuspects,adocumentevidencingthegrantingofanapproval has been damaged, lost or
stolen.Note—See also section
14A for notifying the chief executive if a document hasbeen
damaged, lost or stolen.(2)The holder may
apply to the chief executive for a replacementdocument.Current as at [Not applicable]Page
11
Tow
Truck Regulation 2009Part 2 Approvals[s 13]Notauthorised—indicativeonly(3)Anapplicationunderthissection,otherthananexemptapplication,
must be—(a)made in the approved form; and(b)accompanied by—(i)the
document, unless the document has been, or theholder
reasonably suspects it has been, destroyed,lost or stolen;
and(ii)the prescribed
fee.(4)After receiving the application, the
chief executive must issuea replacement document to the holder
if the chief executive issatisfied—(a)ifsubsection (1)(a)applies—theinformationonthedocument was incorrect; or(b)ifsubsection
(1)(b)applies—thedocumenthasbeendamaged, lost or
stolen.(5)If the original document that has been
replaced comes into, orreturnsto,theholder’spossessionafterareplacementdocumenthasbeenissuedtotheholder,theholdermustdestroy the original document.Maximum penalty—20 penalty units.(6)The chief executive may waive payment
of the fee mentionedin subsection (3)(b)(ii) if—(a)the original document was a smartcard
certificate; and(b)thechiefexecutiveissatisfiedtheholderhasnotreceivedthesmartcardcertificatebecauseithasbeenlost
or stolen.(7)Also,thechiefexecutivemaywaivepaymentofthefeementionedinsubsection (3)(b)(ii)ifthechiefexecutiveissatisfied the original document was
lost or damaged becauseof a natural disaster.(8)In this section—exempt
applicationmeans an application for the
replacementof a smartcard certificate if the chief
executive is satisfied thePage 12Current as at
[Not applicable]
Tow
Truck Regulation 2009Part 2 Approvals[s 13A]smartcard certificate was not received by
the holder because ithas been lost or stolen.original documentmeans a document
that is the subject of anapplicationundersubsection (2)becausesubsection (1)(b)applies.Notauthorised—indicativeonly13AChief executive may require document
evidencinggranting of approval to be replaced(1)Thissectionappliesifinformationstatedonaholder’sdocument evidencing the granting of an
approval to the person(thedocument) is
incorrect and the chief executive reasonablybelieves the
error was caused by the chief executive.(2)The
chief executive may, by written notice, require the holderof
the document to return the document to the chief executivefor
replacement.(3)Thenoticemustincludeastatementidentifyingtheinformation that is incorrect and the
correct information.(4)The holder must
comply with the notice, unless the holder hasa reasonable
excuse.Maximum penalty—20 penalty units.(5)After receiving the document, the
chief executive must givetheholderareplacementdocumentstatingthecorrectinformation.13BUpgrading to smartcard certificate(1)Thissectionappliestotheholderofacertificatenoticeevidencing the granting of a certificate, if
the certificate noticeis not a smartcard certificate.(2)Theholdermayapplytothechiefexecutivetoreplacethecertificate notice with a smartcard
certificate.(3)The application must be—(a)made in the approved form; and(b)accompanied by the prescribed
fee.Current as at [Not applicable]Page
13
Tow
Truck Regulation 2009Part 2 Approvals[s 14](4)The chief executive may replace the
certificate notice with asmartcardcertificateforthesameperiodastheunexpiredperiod of the approval.Notauthorised—indicativeonlyDivision 4Obligations of
an approval holder14Conditions 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)conductthebusinessfrompremisesownedorleasedonly by the
licence holder; and(c)conduct the business from premises
that conform withthe requirements of the local government for
the localgovernment area in which the premises are
situated; and(d)supplycommunicationequipmentsuitableforthedeployment 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)Alicenceholdermayapplytothechiefexecutiveforexemptionofthelicencefromaconditionmentionedinsubsection (1).(3)The
application must be made in writing.(4)In
deciding whether or not to give the exemption, the chiefexecutive must consider the
following—(a)whetheraconditionhasbeensubstantiallycompliedwith;(b)whethercompliancewiththeconditionisunnecessaryin the
particular circumstances;(c)whether the
action taken or proposed to be taken for thematter that is
the subject of the exemption is as effectivePage 14Current as at [Not applicable]
Notauthorised—indicativeonlyTow
Truck Regulation 2009Part 2 Approvals[s 14A]as,ormoreeffectivethan,compliancewiththecondition.(5)The
chief executive must give the applicant written notice ofthe
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 ifthe decision were mentioned in schedule 1 of
the Act;and(b)thenoticeundersubsection (5)muststatethattheapplicant may—(i)under section 28 of the Act, ask the chief
executiveto review the decision; and(ii)under section 29
of the Act, apply to QCAT for thechiefexecutive’sdecisiononthereviewtobereviewed.(7)Apersonmustnotcontraveneaconditionofalicenceimposed under
subsection (1).Maximum penalty for subsection (7)—20
penalty units.14ANotifying chief executive if document
evidencinggranting of approval damaged, lost or
stolen(1)Thissectionappliesiftheholderofanapprovalbecomesaware, or reasonably suspects, his or her
document evidencingthe granting of an approval has been
damaged, lost or stolen.(2)The holder must
give the chief executive written notice of thedamage,lossortheftassoon
aspracticableafterbecomingaware of, or
suspecting, it.Maximum penalty—20 penalty units.(3)Despitesubsection
(2),thenoticeissufficientlygivenifanapplicationforareplacementdocumentismadeundersection 13.Current as at
[Not applicable]Page 15
Tow
Truck Regulation 2009Part 2 Approvals[s 15]Notauthorised—indicativeonly15Change of name,
address or postal address(1)This section
applies if the holder of an approval changes anyof
the following—(a)the holder’s name or address;(b)if there is a current postal address
for the holder—thepostal address.(2)Theholdermust,within14daysafterthechange,givethechief 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 theholder is
correct, the chief executive must—(a)forachangeofname—givetheholderareplacementdocument
evidencing the granting of the approval thatrecords the
change of name; or(i)endorsethechangeofnameonthedocumentevidencing the
granting of the approval; or(ii)givetheholderareplacementdocumentevidencingthegrantingoftheapprovalthatrecords the change of name; or(b)for a change of address—(i)givetheholderareplacementdocumentevidencingthegrantingoftheapprovalthatrecords the change of address; or(ii)give the holder
a change of address label.(4)Ifachangeofaddresslabelisdamaged,lostorstolen,theholdermustpromptlyaskthechiefexecutiveforareplacement
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 thePage 16Current as at [Not applicable]
Tow
Truck Regulation 2009Part 2 Approvals[s 15A]document evidencing the granting of the
approval in the spaceprovided for a change of address
label.Maximum penalty for subsection (5)—20
penalty units.Notauthorised—indicativeonly15AHolder of approval to give notice of
particular eventsTheholderofanapprovalmustgivethechiefexecutivesigned notice of any of the following events
within 14 daysafter the event happens—(a)the
holder, or if the holder is a corporation, an executiveofficer of the holder is—(i)convicted of a disqualifying offence;
or(ii)chargedwithadisqualifyingoffenceandthecharge 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 ofthe holder is appointed.Maximum penalty—20 penalty units.15BNotifiable events under other
Acts(1)This section applies if the holder of
an approval—(a)hasanobligationundertheActtonotifythechiefexecutive of a
notifiable event; and(b)hasanobligationunderaprescribedsmartcardActtonotify the chief
executive, or the general manager undertheMaritime Safety Queensland Act 2002, of
the samenotifiable event; and(c)complieswiththeobligationundertheprescribedsmartcard
Act.(2)The obligation under the Act to notify
the chief executive ofthe notifiable event is taken to have
been satisfied if any timeallowedtomakethenotificationundertheActhasnotexpired.Current as at
[Not applicable]Page 17
Notauthorised—indicativeonlyTow Truck Regulation 2009Part 2
Approvals[s 16](3)In
this section—notifiable event, for the holder
of an approval, means any ofthe
following—(a)a change of the holder’s name;(b)a change of the holder’s
address;(c)ifthereisacurrentpostaladdressfortheholder—achange of the postal address;(d)the damage, loss or theft of a
certificate notice or permitdocument.prescribed smartcard Actmeans any of the
following Acts—(a)the Photo Identification Card Act
2008;Editor’s note—Paragraph (a) is
an uncommenced amendment—see 2017 No. 25 s 115.(b)theTransport Operations (Marine Safety)
Act 1994;(c)theTransportOperations(PassengerTransport)Act1994;(d)theTransport
Operations (Road Use Management) Act1995.16Licence or towing
permit to be kept in safe custodyTheholderofalicenceoratowingpermitmustkeepthelicenceorpermitinsafecustodyattheplaceofbusinessstated in the
licence or permit.Maximum penalty—20 penalty units.17Holder of miscellaneous permit or
certificate must carryparticular documents(1)Theholderofamiscellaneouspermitmustcarrywrittennoticeofthegrantingofthepermitwhilecarryingoutactivities for which the permit is
required.Maximum penalty—20 penalty units.Page
18Current as at [Not applicable]
Notauthorised—indicativeonlyTow
Truck Regulation 2009Part 2 Approvals[s 17A](2)Theholderofacertificatemustcarry1ofthefollowingdocuments while carrying out activities for
which a certificateis required—(a)the
holder’s smartcard certificate;(b)the
holder’s interim transport authority;(c)another certificate notice about the
granting, renewal orreplacement of the holder’s
certificate.Maximum penalty—20 penalty units.(3)If the chief executive has imposed a
condition on the holder ofacertificate,theholdermustalsocarryanydocumentevidencingtheimposedconditioniftheimposedconditionrequires
it.Maximum penalty—20 penalty units.(4)Subsection (3) does not apply to a
condition about a person’straffic history or criminal
history.17ACopy of towing consent must be
carriedA person who is driving a tow truck must
carry a copy of avalid towing consent while conducting an
activity to which theconsent relates.Maximum
penalty—30 penalty units.17BPolice
commissioner must be notified about towing ofprivate property
motor vehicle(1)Thissectionappliesifatowtruckisusedtotowaprivateproperty motor vehicle from private
property.(2)The holder of the licence for the tow
truck must give the policecommissioner a notice, as required by
subsection (3), aboutthe tow.Maximum
penalty—30 penalty units.(3)The notice must
be—(a)in the approved form; andCurrent as at [Not applicable]Page
19
Tow
Truck Regulation 2009Part 2 Approvals[s 17C](b)given to the police
commissioner—(i)assoonasreasonablypracticableafterthetow;and(ii)but no later
than 1 hour after the private propertymotor vehicle is
stored in a holding yard.Notauthorised—indicativeonly17CCopy of towing consent must be
given(1)This section applies if—(a)a private property motor vehicle
is—(i)towed from private property by a tow
truck; or(ii)released by the
driver of a tow truck to its ownerunder section
29B; and(b)theownerofthevehicleaskseitherofthefollowingpersons for a copy of the towing consent
relating to thetowing or release—(i)the
driver of the tow truck; or(ii)the
holder of the licence for the tow truck.(2)Theholderofthelicencemust,assoonasreasonablypracticable, but
in any event within 2 business days after theowneroftheprivatepropertymotorvehiclemakestherequest, give the owner a copy of the
towing consent.Maximum penalty—30 penalty units.18Dress of holder of approvalTheholderofanapprovalmust,whenactingundertheauthority of the approval, be neatly
dressed.Maximum penalty—20 penalty units.19Conduct of holder of approval(1)Theholderofanapprovalmustnotwhenactingundertheauthority of the approval—Page
20Current as at [Not applicable]
Notauthorised—indicativeonlyTow
Truck Regulation 2009Part 2 Approvals[s 20](a)advertise or promote the business of
anyone other thanthe holder of the licence or towing permit
under whichthe holder is acting; or(b)seekbusinessforanyoneotherthantheholderofthelicenceortowingpermitunderwhichtheholderisacting; or(c)wear
clothing displaying, or display, including displayon
the tow truck stated in the approval, any advertisingor
markings other than the following particulars—(i)the
business name, place of business or telephonenumber of the
approval holder;(ii)the name of the
wearer;(iii)iftheholderistheagentofanapprovedorganisation—thedetailsmentionedinsubparagraph (i) for the approved
organisation.Maximum penalty—20 penalty units.(2)Theparticularsmentionedinsubsection (1)(c)mustbeinprinting of a
uniform size and style.Maximum penalty—20 penalty
units.(3)In this section—approved
organisationmeans—(a)a
motoring organisation; or(b)an organisation
providing benefits for motorists;approved in
writing by the chief executive.20Wilful injury etc. at scene of incident or
on privateproperty(1)This
section applies to the holder of an approval acting underthe
authority of the approval—(a)at the scene of
an incident; or(b)onprivatepropertytotowaprivatepropertymotorvehicle from the property.Current as at [Not applicable]Page
21
Notauthorised—indicativeonlyTow Truck Regulation 2009Part 2
Approvals[s 21](2)Theholderoftheapprovalmustnot,eitherdirectlyorindirectly—(a)cause or threaten wilful injury to a person
at the sceneor on the private property; or(b)cause or threaten wilful damage to a
person’s propertyat the scene or on the private property;
or(c)intimidateorharassapersonatthesceneorontheprivate
property; or(d)abuse or insult a person at the scene
or on the privateproperty.Maximum
penalty—50 penalty units.21Conduct at scene
of incidentTheholderofanapprovalmustnot,whenactingundertheauthorityoftheapprovalatthesceneofanincident,eitherdirectly or indirectly—(a)preventorhinderthedeliveryoffirstaidormedicaltreatment to a
person at the scene; or(b)obtain, or
attempt to obtain, the signature of an ownerofamotorvehicleinvolvedintheincident,ortheowner’sagent,onatowingauthority,iftheowneroragentappearsunabletomakeaninformeddecisionabout whether or not to sign the towing
authority.Examples of an owner or agent who appears
unable to make aninformed decision under paragraph
(b)—•an owner or agent who has been injured
in the incident•an owner or agent who is distressed as
a result of anotherperson being killed or injured in the
incidentMaximum penalty—50 penalty units.21ANo disclosure of information(1)This section applies to a relevant
person who, in the course ofcarrying out the
person’s business or occupation, obtains—Page 22Current as at [Not applicable]
Tow
Truck Regulation 2009Part 2 Approvals[s 21A]Notauthorised—indicativeonly(a)information about any of the following
(each avehicleevent)—(i)an incident or
the seizure of a motor vehicle;(ii)the
towing of a private property motor vehicle fromprivate
property;(iii)thereleaseofaprivatepropertymotorvehicleunder section 29B; or(b)personalinformationabouttheownerordriverofamotorvehicleoraprivatepropertymotorvehicle,oranotherperson,involvedinconnectionwithavehicleevent.(2)Therelevantpersonmustnotdisclosetheinformationtoanother person other than—(a)the owner of the motor vehicle or
private property motorvehicleinvolvedinthevehicleevent,ortheowner’sagent; or(b)anotherrelevantpersoncarryingoutthatperson’sbusiness or occupation in connection with
the vehicle;or(c)an authorised
officer.Maximum penalty—50 penalty units.(3)In this section—personalinformation,aboutaperson,meansinformationabout the person
from which the person’s identity is apparentor can
reasonably be ascertained.relevant personmeans—(a)the holder of a licence, certificate
or permit; or(b)anotherpersonemployed,engagedoractinginconnectionwiththetowing,storageorreleaseofaprescribed motor vehicle.Examples—•anemployeeoftheholderofalicencewhocarriesoutadministrative duties for the holderCurrent as at [Not applicable]Page
23
Notauthorised—indicativeonlyTow Truck Regulation 2009Part 2
Approvals[s 22]•a
security guard employed or engaged at a holding yardused
to store prescribed motor vehicles22Remaining at the scene of an incident(1)The holder of an approval acting under
the authority of theapproval must not remain at the scene
of an incident if the towtruck the holder is operating is not
classified to tow a motorvehicle involved in the
incident.Maximum penalty—20 penalty units.(2)Theholderdoesnotcontravenesubsection
(1)iftheholderremains at the scene to give first aid to a
person injured in theincident.Division 5Other obligations23Damaging a documentA 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.24Chief executive may direct superseded
document to bedestroyed(1)Thechiefexecutivemaydirectapersontodestroytheperson’s superseded document.(2)The person must comply with the
direction.Maximum penalty—20 penalty units.(3)In this section—documentmeans a certificate notice or a permit
document.Page 24Current as at
[Not applicable]
Tow
Truck Regulation 2009Part 2 Approvals[s 24A]supersededdocumentincludesasupersededsmartcardtransport authority.Note—SeetheTransportPlanningandCoordinationRegulation2017,section 7(5) for when an interim
transport authority has effect as asmartcard
transport authority.Notauthorised—indicativeonly24AOnly 1 certificate to be held at the
same timeApersonmustnotholdmorethan1driver’scertificateorassistant’s certificate at the same
time.Maximum penalty—40 penalty units.24BPossessing another person’s
document(1)A person must not possess another
person’s document, unlessthe person has a reasonable
excuse.Maximum penalty—40 penalty units.(2)Apersonmustnotgivetheperson’sdocumenttoanotherperson if the
person knows, or ought reasonably to know, theother person
intends to use the document to deceive someone.Maximum
penalty—40 penalty units.(3)For subsection
(2), it is irrelevant whether the person intendedtobedeceivedisknownor unknown, or
exists ordoes notexist.(4)In this section—documentmeans a certificate notice or a permit
document.24CDocument purporting to be certificate
notice or permitdocument(1)Apersonmustnotpossessadocumentthatresemblesacertificatenoticeorpermitdocumentandiscalculatedtodeceive someone.Maximum
penalty—40 penalty units.Current as at [Not applicable]Page
25
Notauthorised—indicativeonlyTow Truck Regulation 2009Part 3
Miscellaneous[s 25](2)Apersonmustnotgiveanotherpersonadocumentthatresemblesacertificatenoticeorpermitdocumentandiscalculated to
deceive someone.Maximum penalty—40 penalty units.(3)For subsections (1) and (2), it is
irrelevant whether the personintendedtobedeceivedisknownorunknown,orexistsordoes
not exist.Part 3Miscellaneous25Records to be kept(1)This
section applies if, under a licence or towing permit—(a)a motor vehicle is towed from the
scene of an incident oris seized; or(b)a
private property motor vehicle is towed from privateproperty; or(c)aprivatepropertymotorvehicleisreleasedundersection 29B.(2)The
holder of the licence or towing permit must—(a)record the prescribed particulars for the
motor vehicleor private property motor vehicle within 24
hours afterthe particulars are supplied to, or become
known to, theholder; and(b)keeptherecordattheplaceofbusinessstatedinthelicence or
permit.Maximum penalty—20 penalty units.(3)In this section—prescribed
particularsmeans—(a)for
a damaged or seized motor vehicle towed from thescene of an incident or that is
seized—Page 26Current as at
[Not applicable]
Notauthorised—indicativeonlyTow
Truck Regulation 2009Part 3 Miscellaneous[s
25](i)the name and address of the person who
gave theholder of the licence or towing permit
informationabout the incident or seizure; and(ii)theplace,dateandapproximatetimeoftheincident or
seizure; and(iii)themake,andregistrationorotheridentificationnumber, of the
vehicles in the incident or seizure;and(iv)theregistrationorotheridentificationnumberofeach tow truck attending the incident
or seizure; or(b)for a private property motor vehicle
towed from privateproperty—(i)thenameandaddressoftheoccupieroftheproperty; and(ii)themake,andregistrationorotheridentificationnumber, of the
vehicle; and(iii)theregistrationorotheridentificationnumberofeach tow truck attending the property;
and(iv)howtheholderofthelicenceortowingpermitunder which the vehicle was towed became
awareof the vehicle’s presence on the property;
and(v)ifapersontoldtheholderaboutthevehicle’spresence on the
property—the name and address ofthe person;
and(vi)thedateandapproximatetimethevehiclewastowed from the property; and(vii)the date and
time the vehicle arrived at a holdingyard; or(c)foraprivatepropertymotorvehiclereleasedundersection 29B—(i)eachprescribedparticularmentionedinparagraph (b)(i) to (v); andCurrent as at [Not applicable]Page
27
Notauthorised—indicativeonlyTow Truck Regulation 2009Part 3
Miscellaneous[s 26](ii)thedateandapproximatetimethevehiclewasreleased.26Custody of records(1)The
holder of a licence or towing permit must keep a recordmade
under section 25—(a)insafecustodyattheplaceofbusinessstatedinthelicence or
permit; and(b)for at least 1 year from the day the
record was made.Maximum penalty—20 penalty units.(2)Theholderofalicencewhoobtainsatowingconsentmustkeep the
consent—(a)insafecustodyattheplaceofbusinessstatedinthelicence;
and(b)for 1 year after the consent stops
being in force.Maximum penalty—20 penalty units.27Towing authority to be
completed(1)This section applies if the driver of
a tow truck, acting undertheauthorityofadriver’scertificateoramiscellaneouspermit, intends
to tow a motor vehicle from the scene of anincident or
seizure.(2)The driver must—(a)properly and fully complete a towing
authority for thevehicleforsignaturebyanauthorisingpersonforthevehicle;
and(b)after the authorising person signs the
towing authority,givethesignedcopyofthetowingauthoritytotheauthorising person.Maximum penalty—20 penalty units.Page
28Current as at [Not applicable]
Notauthorised—indicativeonlyTow
Truck Regulation 2009Part 3 Miscellaneous[s
28]28First vehicle to be towed(1)This section applies if the driver of
a tow truck, acting underthe authority of a driver’s
certificate or a miscellaneous permit(thedriver),hasobtainedanauthorisingperson’ssignatureundersection 27totowamotorvehicle(thefirstvehicle)from the scene of an incident or
seizure.(2)Thedrivermustnotobtain,orattempttoobtain,anauthorisingperson’ssignatureforanyothermotorvehicleuntil the first
vehicle has been towed from the scene of theincident or
seizure.Maximum penalty—20 penalty units.29Authorised officer may authorise
tow(1)Thissectionappliesiftheownerofadamagedorseizedmotor vehicle,
or the owner’s agent, is absent from the motorvehicle or
incapacitated.(2)Anauthorisedofficermaysignatowingauthorityforthemotor
vehicle.(3)The driver of a tow truck towing the
motor vehicle under thetowing 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 stationor 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 truckstated in the towing authority must
give the original towingauthority to the chief executive
within 7 days after the motorvehicle is
towed.Maximum penalty—20 penalty units.(5)If the motor vehicle to be towed is a
seized motor vehicle, thedriver of a tow truck stated in the
towing authority must givethe original towing authority to the
authorised officer beforethe motor vehicle is towed.Current as at [Not applicable]Page
29
Tow
Truck Regulation 2009Part 3 Miscellaneous[s 29A]Maximum penalty—20 penalty units.Notauthorised—indicativeonly29ADealing with
private property motor vehicles(1)The
driver of a tow truck may tow a private property motorvehicle that is on private property from the
property only if—(a)the driver can not, after taking
reasonable steps, find theowner of the vehicle; or(b)if the driver finds the owner of the
vehicle—(i)the owner refuses to move the vehicle;
or(ii)the driver
reasonably believes the owner can not,orwillnot,movethevehiclefromthepropertywithin a
reasonable time.Maximum penalty—50 penalty units.(2)Subsection (3) applies if—(a)thedriverofatowtruckhasstartedbutnotfinisheddoingeitherofthefollowinginpreparationforthetowing of a private property motor
vehicle from privateproperty—(i)lifting the vehicle with, and securing the
vehicle to,the tow truck;(ii)otherwisemovingthevehicleonto,andsecuringthe vehicle to,
the tow truck; and(b)the owner of the vehicle agrees to
move the vehicle fromthe private property within a
reasonable time.(3)Thedrivermustimmediatelyreleasetheprivatepropertymotor vehicle to the owner without
charge.Maximum penalty—50 penalty units.(4)In this section—towincludes attach to a tow truck.tow
truckincludes a lifting or loading device with
which a towtruck is equipped.Page 30Current as at [Not applicable]
Notauthorised—indicativeonlyTow
Truck Regulation 2009Part 3 Miscellaneous[s
29B]29BOn-site release of private property
motor vehicle(1)This section applies if—(a)a private property motor vehicle on
private property—(i)has been loaded onto a tow truck by
the driver of atow truck; and(ii)has
not been moved from the property; and(b)the
owner of the vehicle is present.(2)The
driver of the tow truck must tell the owner, before movingthe
private property motor vehicle from the property, that iftheownerpaystheon-sitereleasechargeimposedbytheholder of the
licence that relates to the tow truck, the vehiclewill
be immediately released.Maximum penalty—30 penalty
units.(3)Iftheowneroftheprivatepropertymotorvehiclepaysthedriver the on-site release charge before the
vehicle is movedfromtheproperty,thedrivermustimmediatelyreleasethevehicle to the owner.Maximum penalty—50 penalty units.(4)The on-site release charge must not be
more than the amountstated in schedule 3, part 2.Maximum penalty—50 penalty units.(5)In this section—loaded,ontoatowtruck,meansliftedorotherwisemovedonto, and secured to, the tow truck in every
way necessary toprepare the vehicle to be moved by the tow
truck.on-site release chargemeans an amount
for the release of aprivate property motor vehicle before
it is moved from privateproperty.tow truckincludes a lifting or loading device with
which a towtruck is equipped.Current as at
[Not applicable]Page 31
Notauthorised—indicativeonlyTow Truck Regulation 2009Part 3
Miscellaneous[s 30]30Most
direct route to be used(1)The driver of a
tow truck authorised by a towing authority totow a motor
vehicle from the scene of an incident or seizuremust,assoonaspracticable,towthemotorvehicletotheaddressstatedonthetowingauthoritybythemostdirectroute.Maximum penalty—20 penalty units.(2)The driver of a tow truck who tows a
private property motorvehiclefromprivatepropertymust,assoonaspracticable,tow the vehicle
by the most direct route to the nearest holdingyard owned or
leased by the holder of the licence for the towtruck.Maximum penalty—20 penalty units.31Vehicle owner liable for
charges(1)This section applies if—(a)amotorvehicleistowedunderatowingauthoritysigned by an authorised officer; or(b)the holder of an approval tows a
private property motorvehiclefromprivatepropertyinaccordancewiththeAct.(2)Theownerofthemotorvehicleorprivatepropertymotorvehicle is
liable for the payment of—(a)thetowingchargespayablefortowingthemotorvehicle;
and(b)anychargeimposedundersection34forstoringthevehicle.(3)Thissectiondoesnotlimitaperson’srightsorliabilitiesunder another
law.Example of a person’s rights or liabilities
under another law—a person’s common law rightsPage
32Current as at [Not applicable]
Notauthorised—indicativeonlyTow
Truck Regulation 2009Part 3 Miscellaneous[s
32]32Particular charges prohibitedThe
holder of an approval must not, in addition to a chargeimposed under another provision of this
regulation, impose achargeforanyofthefollowinginrelationtothetowing,release or
storage of a prescribed vehicle—(a)respondingtoarequestto towthevehicleorattendaplace at which the vehicle is
located;(b)travelling to the place at which the
vehicle is located;(c)taking steps to find the owner of the
vehicle;(d)using a lifting or loading device with
which a tow truckis equipped;(e)using fuel;(f)administrative work;(g)taking or producing photographs;(h)preparing or sending documents or
information;Example of a document—inventory of
personal property(i)storing personal property;(j)if the vehicle is being stored in a
holding yard—(i)allowing the owner of the vehicle, or
the owner’sagent,toview,haveaccesstoortakepersonalproperty from, the vehicle during business
hours;or(ii)moving the
vehicle within the yard.Maximum penalty—50 penalty
units.33Towing charges(1)Theholderofanapprovalmustnotchargemorethantheamount stated in schedule 3, part 1, item 1
for a standard towof a damaged motor vehicle from the scene of
an incident.Maximum penalty—50 penalty units.Current as at [Not applicable]Page
33
Notauthorised—indicativeonlyTow Truck Regulation 2009Part 3
Miscellaneous[s 34](2)Theholderofanapprovalmustnotchargemorethantheamount stated in schedule 3, part 1, item 2
for a standard towof a private property motor vehicle from
private property.Maximum penalty—50 penalty units.(3)Theholderofanapprovalmustnotchargemorethanisreasonable in all the circumstances for
towing—(a)a damaged motor vehicle from the scene
of an incident,other than by a standard tow; or(b)a seized motor vehicle from the scene
of a seizure; or(c)aprivatepropertymotorvehiclefromaprivateproperty, other
than by a standard tow.Maximum penalty—50 penalty
units.34Storage chargesTheholderofanapprovalmustnotimposeachargeforstoring a motor vehicle in a holding yard
unless—(a)for a damaged or seized motor
vehicle—the holder givestheowner,ortheowner’sagent,awrittennoticestating—(i)that
the charge is to be imposed no sooner than 2days after the
notice is given; and(ii)the amount of
the charge; or(b)for a private property motor
vehicle—the amount of thecharge is not more than the amount
stated in schedule 3,part 3.Maximum
penalty—50 penalty units.34ANotice of charge
for viewing outside business hoursA person must
not charge the owner of a motor vehicle beingstoredinaholdingyard,ortheowner’sagent,toviewthemotor vehicle outside business hours unless,
before the ownerPage 34Current as at
[Not applicable]
Notauthorised—indicativeonlyTow
Truck Regulation 2009Part 3 Miscellaneous[s
35]oragentviewsthevehicle,thepersongivestheowneroragent a written notice about the amount to
be charged.Maximum penalty—50 penalty units.35Removal from place of storage(1)Apersonmustnotchargefortowingormovingamotorvehicle stored
in a holding yard to the entrance of the yard.Maximum
penalty—20 penalty units.(2)Subsection (3)
applies if—(a)amotorvehicleisstoredintheholdingyardoftheholder of a
licence or towing permit; and(b)theownerofthemotorvehicle,ortheowner’sagent,asks the holder
to release the motor vehicle.(3)Theholdermustreleasethemotorvehicleassoonasispracticablebutnolongerthan4businesshoursaftertherequestbytowingormovingthemotorvehicletoanaccessible
position at the entrance of the holding yard.Maximum
penalty—20 penalty units.36Chief executive
may investigate chargesThe chief executive may investigate
the charges imposed fortowing, releasing, storing or
salvaging a motor vehicle.37Found property
must be kept in safe custody(1)Thissectionappliesinrelationtofoundpropertyforaprescribed motor
vehicle that has been towed.(2)Theholderofthelicenceortowingpermitunderwhichtheprescribedmotorvehiclewastowedmustkeepthefoundproperty in safe
custody until the property is returned to itsowner or the
owner’s agent.Maximum penalty—20 penalty units.Current as at [Not applicable]Page
35
Notauthorised—indicativeonlyTow Truck Regulation 2009Part 3
Miscellaneous[s 38]38Tow
truck specifications(1)A person must
not drive, use or operate a tow truck unless thetow
truck—(a)is in a good and serviceable
condition; and(b)conforms with the requirements of
schedule 1; and(c)isoperatedinaccordancewiththerequirementsofschedule 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 mattersmentioned in
that provision are covered by the Heavy VehicleNational Law
(Queensland).(3)In this section—tow truckincludes a trailer carrying a motor
vehicle.39Disposal of tow truck(1)Theholderofalicenceortowingpermitmust,beforedisposingofatowtruck,removefromthetowtruckanymarking indicating or tending to
indicate that it is a tow truckthat a licence
or permit applies to.Maximum penalty—20 penalty
units.(2)The holder must, within 7 days of
disposing of a tow truck,givethechiefexecutivewrittennoticeofthenameandaddress 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—surrenderandreturnthelicenceorpermittothechief executive; orPage
36Current as at [Not applicable]
Notauthorised—indicativeonlyTow
Truck Regulation 2009Part 3 Miscellaneous[s
40](ii)ifthelicenceorpermitisformorethan1towtruck—returnthelicenceorpermittothechiefexecutive for
amendment; and(b)returntothechiefexecutiveanytowingauthoritiesissued for the
tow truck.Maximum penalty—20 penalty units.40Regulated areas—Act, sch 2(1)For the Act, schedule 2, definition
regulated area, the areasstated in schedule 4 are
prescribed.(2)Forschedule4,areferencetoashireorcitybynameisareference to the shire or city of that
name declared as a localgovernment area under the Local
Government Act 1993 as inforce immediately before the
changeover day.Notes—1Under the Local Government Act1993
as in force immediatelybefore the changeover day, shires and
cities were described in theLocal Government
(Areas) Regulation 2005, schedule 1 as in forceimmediately
before the changeover day.2Each map
mentioned in the Local Government (Areas) Regulation2005, schedule 1 as in force immediately
before the changeoverday can be—(a)accessedbymembersofthepublic,freeofcharge,onthedepartment’s website; or(b)purchasedfromanyofficeofthedepartmentinwhichtheSurvey and Mapping Infrastructure Act 2003
is administered.(3)In this section—changeover
daymeans 15 March 2008.Note—The
changeover day declared under the Local Government Act 1993,section 159YE(2) for all new, adjusted and
continuing local governmentareas listed in
schedule 1A of that Act is 15 March 2008. See the noticepublished in the gazette on 23 November 2007
at page 1680.Current as at [Not applicable]Page
37
Notauthorised—indicativeonlyTow Truck Regulation 2009Part 3
Miscellaneous[s 41]41Exemption from Act if no class 4 tow
truck(1)This section applies if the recovery
of a damaged or seizedmotorvehicle(therecoveredvehicle)fromthesceneofanincident or seizure requires a class 4
tow truck, and no class 4tow truck is based within a 100km
radius of the scene of theincident or seizure.(2)A person who uses a motor vehicle
equipped with a crane orhoist, having a safe working load of
at least 5t, to recover andload the
recovered vehicle on the motor vehicle for removalfrom
the scene of the incident or seizure, is exempt from theAct
if the person uses the motor vehicle under directions givenby
an authorised officer.42FeesThe
fees payable under the Act are stated in schedule 2.43Waiver of additional application
feeThe chief executive may waive the payment of
an additionalapplication fee payable under schedule 2 for
a person.44Refund of additional application
fee(1)This section applies if—(a)anapplicationforalicenceismadeandthechiefexecutivedoesnotaskthepolicecommissionerforawrittenreportaboutaperson’scriminalhistoryundersection 36(1) of the Act in relation to the
application; or(b)an application for a driver’s
certificate or an assistant’scertificate is
made and the chief executive does not askthe commissioner
for a written report about a person’scriminalhistoryundersection 36(1)oftheActinrelation to the application.(2)The additional application fee paid
under schedule 2 for theapplication must be refunded to the
applicant.Page 38Current as at
[Not applicable]
Notauthorised—indicativeonlyPart
4RepealTow Truck
Regulation 2009Part 4 Repeal[s 45]45RepealThe Tow Truck
Regulation 1999, SL No. 142 is repealed.Part 5Transitional provision46References to repealed Tow Truck Regulation
1999Inadocument,areferencetotherepealedTowTruckRegulation1999is,ifthecontextpermits,takentobeareference to
this regulation.Current as at [Not applicable]Page
39
Notauthorised—indicativeonlyTow Truck Regulation 2009Schedule 1Schedule 1Tow
truck specificationssection 38Part 1Tray
or platform tow trucks1This part
applies only to a tow truck that is a tray tow truck orplatform tow truck.2Towtrucksareclassifiedas1ofthefollowingclassifications—(a)class 1T;(b)class 2T;(c)class 3T;(d)class 4T;(e)class 5T.3Atowtruckmusthavealoadcapacityappropriatetotheloaded mass of any motor vehicle it is
required to carry for itsclassification.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 asecure position while carrying the
motorcycle.Page 40Current as at
[Not applicable]
Notauthorised—indicativeonlyPart
2Tow Truck Regulation 2009Schedule 1Tow
trucks other than tray orplatform tow trucks1This part applies to a tow truck other
than a tray tow truck or aplatform tow truck.2Towtrucksareclassifiedas1ofthefollowingclassifications—(a)class 1;(b)class 2;(c)class 3;(d)class 4.3Atowtruckmusthavealoadcapacityappropriatetotheloaded mass of any motor vehicle it is
required to carry for itsclassification.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 workingload
of at least 1t; and(c)be limited to the lifting and carrying
or towing of motorvehicles 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 workingload of at least 2.5t; and(c)belimitedtotheliftingandcarryingortowingofamotor 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 workingload of at least 5t; andCurrent as at
[Not applicable]Page 41
Notauthorised—indicativeonlyTow Truck Regulation 2009Schedule 1(c)belimitedtotheliftingandcarryingortowingofamotor 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 atleast 5t.Part
3Equipment1Dolly 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)beequippedwithsuitablecurvedtyresaddlesofsufficient 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 particularaxles of the motor vehicle being supported
by the dollywheels before and during towing; and(f)be conspicuously marked in letters and
figures of at least50mm in height and 25mm in width as
follows—‘Max. load 1.2t’.Part 4Requirements1Page
42A winch fitted to a tow truck must be
adequately mounted andthe load applied to the winch must not
be more than the safeworking load specified for the winch
by its manufacturer or, ifno safe working load for the winch has
been specified by itsCurrent as at [Not
applicable]
Tow
Truck Regulation 2009Schedule 1Notauthorised—indicativeonlymanufacturer, the safe working load for the
winch certified byan engineer.2Atowtruckmustbemaintainedinaccordancewithanyrequirements that apply to the tow
truck under theTransportOperations (Road
Use Management—Vehicle Standards andSafety)
Regulation 2010.3(1) Atowtruckmusthavemarkingsonbothsidesofthetowtruck that display—(a)the
name, business address and telephone number of thelicence 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 tothe 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)Anymarkingsplacedonthetowtruckinadditiontothemarkingsrequiredundersubitem(1)orpermittedundersubitem(6),mustbedisplayedsoasnottoassumegreatersignificance than the markings required by
subitem (1).(5)Anymarkingsplacedonthetowtruck,otherthanwords,includingabbreviationsofwords,figuresandpunctuationmarks must not
be more than 1,000 square centimetres in area.(6)A
tow truck may be equipped with 1 illuminated sign if thesign—(a)isfittedwithafixedincandescentbulbofconstantintensity;
and(b)hasatotalilluminatedsurfaceareaofnotmorethan3,000 square centimetres.4(1)
A tow truck must—(a)be equipped with sufficient means for
supporting a loadin its raised position while under tow;
andCurrent as at [Not applicable]Page
43
Notauthorised—indicativeonlyTow Truck Regulation 2009Schedule 1(b)be
fitted with dual wheels on the rear axle or axles; and(c)toensuresomeofthemassofatowedmotorvehiclewill be taken on
at least 2 wheels on a single axle of thetowedmotorvehiclebeforethetowtruckisputinmotion, be
fitted with—(i)spacer bars designed to minimise any
damage thatmay 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 becarried on, the trailer must be fitted
with at least 2 axles fittedeither with
single wheels or dual wheels.5When
a motor vehicle has been fully lifted by a tow truck themotor 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
applyto the trailer under theTransport
Operations(Road Use Management—Vehicle
StandardsandSafety)Regulation2010,part2A,division 2 or schedule 1; and(B)registeredundertheTransportOperations(RoadUseManagement—VehicleRegistration)
Regulation 2010; and(b)be
adequately secured to the tow truck or trailer before itis
moved.6The loaded mass of a motor vehicle
being lifted by a tow truckmust not be more
than the total mass of the tow truck if thetow truck is not
a heavy vehicle.Page 44Current as at
[Not applicable]
Schedule 2FeesTow
Truck Regulation 2009Schedule 2section
42Notauthorised—indicativeonly$1Applicationforalicence(Act,s6)—thetotalofthefollowing—(a)for
each tow truck—(i)licence for 1 year403.00(ii)licence for 2
years727.75(iii)licence for 3 years1,045.45(iv)licence for 4
years1,349.00(v)licence for 5 years1,638.50(b)additional application fee—(i)iftheapplicantis1ormoreindividuals—foreach
individual42.45(ii)iftheapplicantisacorporation—foreachexecutive officer of the corporation42.452Application for a renewal of a licence (Act,
s 9(2)(b)), foreach tow truck—(a)renewal for 1 year403.00(b)renewal for 2 years727.75(c)renewal for 3 years1,045.45(d)renewal for 4 years1,349.00(e)renewal for 5 years1,638.503Application for a towing permit (Act,
s 11(1)), for each 3months or part of 3 months116.354Application for a driver’s certificate (Act,
s 14)—the totalof the following—Current as at
[Not applicable]Page 45
Tow
Truck Regulation 2009Schedule 2Notauthorised—indicativeonly(a)base application
fee—(i)driver’s certificate for 1 year(ii)driver’s
certificate for 2 years(iii)driver’s
certificate for 3 years(iv)driver’s
certificate for 4 years(v)driver’s
certificate for 5 years(b)additional
application fee5Application for an assistant’s
certificate (Act, s 14)—thetotal of the
following—(a)base application fee—(i)assistant’s certificate for 1
year(ii)assistant’s
certificate for 2 years(iii)assistant’s
certificate for 3 years(iv)assistant’s
certificate for 4 years(v)assistant’s
certificate for 5 years(b)additional
application fee6Application for a renewal of a
driver’s certificate (Act, s17A)—(a)renewal for 1 year(b)renewal for 2 years(c)renewal for 3 years(d)renewal for 4 years(e)renewal for 5 years7Application for a renewal of an assistant’s
certificate (Act,s 17A)—(a)renewal for 1 year(b)renewal for 2 years(c)renewal for 3 years$104.45146.25187.15226.25263.5042.45104.45146.25187.15226.25263.5042.45104.45146.25187.15226.25263.50104.45146.25187.15Page
46Current as at [Not applicable]
Notauthorised—indicativeonlyTow
Truck Regulation 2009Schedule 2(d)renewal for 4 years(e)renewal for 5 years8Application for a miscellaneous
permit—(a)for an applicant for a driver’s
certificate, for each 3months or part of 3 months(b)foranapplicantforanassistant’scertificate,foreach
3 months or part of 3 months9Application for a replacement of a licence
(s 13(3)(b)(ii))10Applicationforareplacementofatowingpermit(s13(3)(b)(ii))11Application for a replacement of a
miscellaneous permit (s13(3)(b)(ii))12Application for a replacement of a driver’s
certificate orassistant’s certificate (s
13(3)(b)(ii))$226.25263.5020.5520.5549.9549.9520.5573.10Current as at [Not applicable]Page
47
Notauthorised—indicativeonlyTow Truck Regulation 2009Schedule 3Schedule 3Maximum amounts that may bechargedsections 29B(4),
33 and 34(b)Part 1Standard tow
charge$(includingGST)1Standard tow of a damaged motor
vehicle from the sceneof an incident—(a)For
the first 50km348.95(b)For
each kilometre over 50km6.902Standardtowofaprivatepropertymotorvehiclefromprivate property250.00Part
2On-site release chargeon-site release
charge$(includingGST)150.00Page 48Current as at [Not applicable]
Notauthorised—indicativeonlyPart
3Tow Truck Regulation 2009Schedule 3Storage charge$(includingGST)storing private property motor vehicle in a
holding yard,per day25.00Current as at [Not applicable]Page
49
Tow
Truck Regulation 2009Schedule 4Schedule 4Regulated areasNotauthorised—indicativeonlysection 40(1)1The
shires of—BeaudesertBoonahCabooltureEskGattonKilcoyLaidleyMaroochyNoosaPine
RiversRedland2The
cities of—BrisbaneBundabergCairnsCaloundraGold
CoastHervey BayIpswichLoganMackayMaryboroughRedcliffePage
50Current as at [Not applicable]
Notauthorised—indicativeonlyTow
Truck Regulation 2009Schedule 4RockhamptonToowoomba3The 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,
Stuartand Wyoming in the County of
Elphinstone.Current as at [Not applicable]Page
51
Notauthorised—indicativeonlyTow Truck Regulation 2009Schedule 5Schedule 5Dictionarysection 3applicantfor part 2,
division 2, see section 6.approvalmeans a licence,
certificate or permit.assistantmeans a person,
other than the driver, employed onor about a tow
truck being used or to be used for the towing ofa
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 hoursmeans the time
between 9.00a.m. to 5.00p.m.Monday to
Friday, excluding public holidays.certificatemeans—(a)a driver’s certificate; or(b)an assistant’s certificate.certificate noticesee section
10A.class,ofvehicle,seetheTransportOperations(RoadUseManagement—DriverLicensing)Regulation2010,schedule 9, definitionclass.convictedincludes being
found guilty, and the acceptance of apleaofguilty,byacourt,whetherornotaconvictionisrecorded.current postal
address, for a person, means a postal
address—(a)givenbythepersontothedepartmentforusebythedepartment (whether or not it was given for
the purposeof this regulation); andPage 52Current as at [Not applicable]
Tow
Truck Regulation 2009Schedule 5Notauthorised—indicativeonly(b)for which no written notice from the
person, requiringthe department to discontinue use of the
postal address,has been received by the department.damaged—1Damaged,inrelationtoadocumentotherthanasmartcardcertificate,includesdestroyed,defaced,mutilated or made illegible.2Damaged, in relation to
a smartcard certificate—(a)means—(i)the certificate is damaged to an
extent that—(A)anyinformationonthecertificateisimpossibleordifficulttoreadwithoutthe
use of technology; or(B)adigitalphotoor
adigitisedsignatureonthecertificateisimpossibleordifficult to recognise without the use
oftechnology; or(ii)any
information stored electronically on thecertificateisnolongeraccessiblebyusingthe holder’s
PIN; and(b)includes destroyed.3However,damaged, in
relation to a document, does notinclude the
document being destroyed as required undersection 13(5) or
24.dollywheelsmeansequipmentconsistingof2axlesfittedwith
either single wheels or dual wheels on which the wheelsof
either the front or rear axles of a motor vehicle are
mountedto support the part of the motor vehicle
being towed.gross combination massmeans the mass
specified for a motorvehicle by its manufacturer as the
maximum of the sum of theloaded mass of the motor vehicle plus
the axle mass of themotor vehicle being towed as a
semitrailer or trailer.GVMsee theTransport Operations (Road Use
Management)Act 1995, schedule
4.Current as at [Not applicable]Page
53
Notauthorised—indicativeonlyTow Truck Regulation 2009Schedule 5heavy
vehiclemeans a heavy vehicle for the purposes of
theHeavy Vehicle National Law (Queensland), as
provided for insection 6 of that Law.interimtransportauthoritymeansaninterimtransportauthorityissuedundertheTransportPlanningandCoordination Act 1994.load capacitymeans the
difference between the total mass ofamotorvehicleanditstareasstatedontheregistrationcertificateforthevehicleundertheTransportOperations(RoadUseManagement—VehicleRegistration)Regulation2010.loaded massof a vehicle
means the vehicle’s mass togetherwith the mass of
the vehicle’s load that is transmitted to theground.miscellaneous permitmeans a permit
issued under section 19of the Act.motorcyclemeans—(a)a 2-wheeled motor vehicle, whether or
not a sidecar isattached to it; and(b)a3-wheeledmotorvehiclethatisriddeninthesameway as a
2-wheeled motor vehicle.permit documentsee section
12.placeofbusinessmeanspremisesfromwhichatowtruckoperator
conducts a business under a licence or towing permit.scene of an incidentmeans the area
within a radius of 500mfrom the approximate point of impact
or collision.smartcardtransportauthorityseetheTransportPlanningand
Coordination Act 1994, section 36G(1).standard
tow, of a damaged vehicle or private property
motorvehicle, means—(a)a
tow of the vehicle; and(b)if the vehicle
is a damaged motor vehicle being towedfrom the scene
of an incident—includes—Page 54Current as at
[Not applicable]
Tow
Truck Regulation 2009Schedule 5Notauthorised—indicativeonly(i)notmorethan60minutesworkingtimeatthescene; and(ii)moving the vehicle from the scene to a place
statedin the towing authority; and(iii)storing the
vehicle in a holding yard for not morethan 72 hours;
and(c)if the vehicle is a private property
motor vehicle beingtowed from a private
property—includes—(i)notmorethan60minutesworkingtimeontheproperty; and(ii)moving the vehicle from the property to a
holdingyard; and(iii)storing the vehicle in a holding yard for
not morethan 72 hours.taremeans the mass of a motor vehicle equipped
for travellingon a road, but not including a load.total massmeans—(a)for a vehicle with a GVM of not more
than 4.5t—thevehicle’s GVM; or(b)otherwise—the lesser of—(i)thevehicle’sGVMor,ifthevehiclehasagrosscombination
mass, the gross combination mass; or(ii)themassofthevehicleorcombinationandanyloadonitaspermittedundertheHeavyVehicleNational Law (Queensland).towing permitmeans a permit
issued under section 11 of theAct.tray
tow truck or platform tow truckmeans a tow
truck that—(a)has a fixed or tilting platform or
tray attached to it forthe carriage of a motor vehicle;
and(b)is fitted with a winch for loading a
motor vehicle ontothe platform or tray.working
timemeans—Current as at
[Not applicable]Page 55
Notauthorised—indicativeonlyTow Truck Regulation 2009Schedule 5(a)foradamagedmotorvehicleatthesceneofanincident—timespentatthescene,afteranauthorisingpersonhassignedatowingauthorityforthemotorvehicle—(i)preparing the vehicle for towing; and(ii)cleaning up the
scene; or(b)foraprivatepropertymotorvehicleonprivateproperty—means
time spent on the property—(i)takingreasonablestepstofindtheownerofthevehicle; and(ii)preparing the vehicle for towing.Page
56Current as at [Not applicable]