Queensland Consolidated Regulations

TOW TRUCK REGULATION 2024

- Made under the Tow Truck Act 2023
- As at 26 August 2024
- Reg 134 of 2024

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement

           Division 2 - Interpretation

   3.      Definitions

   PART 2 - GENERAL PROVISIONS

           Division 1 - Appropriate persons for driver accreditations

   4.      Matter to be considered in deciding whether persons are appropriate persons to hold or continue to hold driver accreditations—Act, s 13

           Division 2 - Provisions about particular applications

   5.      Definitions for division
   6.      Chief executive may publish notice about applications
   7.      How applications must be made
   8.      Chief executive may request further information
   9.      Responding to request for information

   PART 3 - ACCREDITATIONS

           Division 1 - Applications relating to accreditations

   10.     Grounds for refusing applications relating to operator accreditations—Act, ss 18, 25 and 31
   11.     Grounds for refusing particular applications relating to driver accreditations—Act, ss 18 and 25

           Division 2 - Form of accreditation documents for driver accreditations and assistant accreditations

   12.     Application of division
   13.     Form of accreditation documents
   14.     Information on accreditation documents
   15.     Expressions on accreditation documents
   16.     Codes on accreditation documents

           Division 3 - Provisions relating to replacement of accreditation documents

              Subdivision 1 - Applying for replacement accreditation documents

   17.     Applications for replacement accreditation documents
   18.     When replacement accreditation documents must be given
   19.     Requirement to destroy particular smartcard accreditations replaced under s 18

              Subdivision 2 - Directions about smartcard accreditations

   20.     Directions to return or destroy particular smartcard accreditations

   PART 4 - AMENDING, SUSPENDING AND CANCELLING ACCREDITATIONS

   21.     Grounds for amending, suspending or cancelling operator accreditations—Act, s 38
   22.     Grounds for amending, suspending or cancelling driver accreditations and assistant accreditations—Act, s 38
   23.     Class of Queensland driver licence—Act, ss 46 and 50

   PART 5 - OBLIGATIONS AND REQUIREMENTS FOR HOLDERS OF ACCREDITATIONS AND OTHER PERSONS

           Division 1 - General obligations to keep and produce documents

   24.     Requirement to keep particular documents—holders of operator accreditations
   25.     Requirement to keep records about towing and release of motor vehicles—holders of operator accreditations
   26.     Producing smartcard accreditations to authorised officers—holders of driver accreditations and assistant accreditations

           Division 2 - General requirements relating to tow trucks and operation of tow trucks

              Subdivision 1 - Holders of operator accreditations

   27.     Advertising on tow trucks
   28.     Requirements relating to tow trucks
   29.     Directing persons to operate tow trucks in contravention of particular provision
   30.     Removing markings from tow trucks
   31.     Removing tow trucks as authorised tow trucks
   32.     Requirement to return unused towing authority forms
   33.     Requirement to surrender operator accreditation if no authorised tow trucks

              Subdivision 2 - Holders of driver accreditations

   34.     Operating tow trucks

           Division 3 - Requirements relating to conduct

   35.     Definition for division
   36.     Promoting and advertising other businesses
   37.     Obtaining or attempting to obtain authority for services other than towing services
   38.     Intimidation and other behaviours
   39.     Obstructing delivery of aid
   40.     Obtaining towing authorities from persons unable to make informed decisions
   41.     Relevant persons remaining at scene of incident

           Division 4 - Requirements to notify of particular matters and make particular applications

   42.     Obligation if accreditation documents damaged, lost or stolen
   43.     Notifying changes of name, address or postal address
   44.     Obligation if replacement labels damaged, lost or stolen
   45.     Notifying particular changes to partnerships
   46.     Notifiable events under other Acts

   PART 6 - PROVISIONS RELATING TO TOWING OF DAMAGED AND SEIZED MOTOR VEHICLES

   47.     Producing smartcard accreditation when offering to tow damaged motor vehicles
   48.     Obtaining towing authorities
   49.     Requirement to give towing authority to authorised person for motor vehicle
   50.     Tow trucks causing obstruction at scene of incident or place of seizure
   51.     Tow trucks remaining at scene of incident or place of seizure
   52.     Towing motor vehicles under towing authorities
   53.     Restriction on obtaining further towing authorities until first motor vehicle towed

   PART 7 - PROVISIONS RELATING TO PRIVATE PROPERTY TOWING

   54.     Application of part
   55.     Producing private property towing consents to authorised officers
   56.     Requirements before carrying out private property towing
   57.     On-site release of motor vehicles not yet secured to tow truck
   58.     On-site release of motor vehicles secured to tow truck—on-site release charge imposed
   59.     On-site release of motor vehicles secured to tow truck—no on-site release charge imposed
   60.     Tow trucks causing obstruction or remaining on private property
   61.     Requirements for private property towing
   62.     Requests for copies of private property towing consents

   PART 8 - PROVISIONS RELATING TO STORAGE OF TOWED MOTOR VEHICLES AND MOVABLE PROPERTY

   63.     Security of authorised holding yards
   64.     Requirements relating to gates and doors
   65.     Damage to or removal of prescribed fence or other barrier
   66.     Requirements relating to found property
   67.     Releasing motor vehicles stored in authorised holding yards—Act, s 60

   PART 9 - CHARGES

           Division 1 - Preliminary

   68.     Definitions for part

           Division 2 - Charges relating to towed motor vehicles

   69.     Application of division
   70.     Restriction on charges that may be imposed
   71.     Towing charges
   72.     Storage charges—damaged and seized motor vehicles
   73.     Storage charges—private property towing
   74.     Viewing charges
   75.     Release charges
   76.     When particular charges can not be imposed

           Division 3 - On-site release charges

   77.     Application of division
   78.     Restriction on charging for release of motor vehicles
   79.     On-site release charges

           Division 4 - Records about charges

   80.     Requirement to keep records relating to charges
   81.     Requirements relating to particular towing charges

   PART 10 - OFFENCES

   82.     Definitions for part
   83.     Possessing another person’s accreditation document for driver accreditation or assistant accreditation
   84.     Documents purporting to be accreditation document for driver accreditation or assistant accreditation
   85.     Damaging or altering particular documents
   86.     Giving and receiving consideration for the purpose of obtaining towing authorities
   87.     Giving and receiving consideration for the purpose of obtaining particular work or business

   PART 11 - EXEMPTION DECISIONS

           Division 1 - General

   88.     Application of division
   89.     Application of particular provisions
   90.     Requirements for private property towing

           Division 2 - Revocation of exemption decisions on request

   91.     Revocation of exemption decisions on request

           Division 3 - Revocation of exemption decisions by chief executive

   92.     Chief executive may revoke exemption decisions
   93.     Notice of proposed revocation
   94.     Representations about proposed revocation
   95.     Notice if no further action to be taken
   96.     Revoking exemption decisions

   PART 12 - TEMPORARY HOLDING YARDS

   97.     Definition for part
   98.     Applications for approval of temporary holding yards
   99.     Deciding applications
   100.    Notice of decision
   101.    Period of temporary holding yard approvals
   102.    Chief executive may extend period of temporary holding yard approvals
   103.    Applications to extend period of temporary holding yard approvals
   104.    Application of particular provisions if temporary holding yard approval in effect

   PART 13 - AUDITS

   105.    Purpose of part
   106.    Audit notices
   107.    Compliance with audit notices
   108.    Audit reports
   109.    Directions to comply

   PART 14 - FEES

   110.    Fees
   111.    Rounding of amounts expressed as numbers of fee units
   112.    Adjustment of fees for particular amendment applications
   113.    Waiver of particular fees
   114.    Refund of particular fees

   PART 15 - MISCELLANEOUS

   115.    Original decisions—Act, s 123
   116.    Requests for criminal history reports—Act, s 138
   117.    Notice of change in criminal history—Act, s 139
   118.    Confidentiality—Act, s 144
   119.    Prescribed roads—Act, sch 3

   PART 16 - TRANSITIONAL PROVISIONS

   120.    Definitions for part
   121.    Application of s 4
   122.    Existing applications for replacement documents
   123.    Documents under repealed Act
   124.    Records about activities carried out before commencement
   125.    Imposing charges
   126.    Investigating charges under repealed regulation
   127.    Found property for motor vehicles towed before commencement
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4