Tow Truck Industry Regulation 2020 (2020-288) (NSW)

Tow Truck Industry Regulation 2020

Part 1 Preliminary

1 Name of Regulation This Regulation is the Tow Truck Industry Regulation 2020.

2 Commencement This Regulation commences on 1 July 2020 and is required to be published on the NSW legislation website.

Note— This Regulation repeals and replaces the Tow Truck Industry Regulation 2008, which would otherwise be repealed on 1 September 2021 by section 10(2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation— business day means a day that is not— (a) a Saturday or Sunday, or (b) a public holiday or bank holiday throughout the State. exemption certificate means a notice of exemption issued by the Secretary under section 33A(3) of the Act exempting a person in the circumstances specified in Division 4 of Part 2. fee unit—see Part 3 of Schedule 2. lifting device means a device or apparatus that is capable of elevating a motor vehicle to a higher position or level. owner of a motor vehicle includes the responsible person for the vehicle within the meaning of the Road Transport Act 2013. protective clothing policy means the document titled Tow Truck Industry Protective Clothing Policy made available on a publicly available website maintained by the Department, as in force from time to time. public holiday means a day appointed under the Public Holidays Act 2010 or another Act as a public holiday. the Act means the Tow Truck Industry Act 1998.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) Notes included in this Regulation do not form part of this Regulation.

4 Meaning of "tow" and "tow truck" (1) In accordance with paragraph (e) of the definition of tow in section 3(1) of the Act, tow includes tow by use of a rigid frame, rigid bar or similar device. (2) In accordance with section 4(2)(a) of the Act, car carriers are declared not to be tow trucks for the purposes of the Act. (3) In subclause (2)— car carrier means a motor vehicle combination (including a multi-deck combination) that is designed or adapted for use for the transport of motor vehicles, being a combination— (a) that is not equipped or fitted with a lifting device (whether portable or fixed) for the purpose of loading the motor vehicles to be transported onto a car deck, and (b) onto which the motor vehicles to be transported are loaded by travelling along a ramp under their own propulsion, and (c) in the case of a multi-deck combination, may be equipped or fitted with equipment designed only for the purpose of raising and lowering the car decks.