Tow Truck Industry Act 1998 (NSW)

Tow Truck Industry Act 1998 No 111

An Act to provide for a licensing and certification scheme for tow truck operators and drivers, and to regulate other matters relating to the tow truck industry; to repeal the Tow Truck Act 1989; to amend certain other Acts; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Tow Truck Industry Act 1998.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— accident means any collision, impact or other event (however caused) resulting in damage to a motor vehicle. accident towing work means the towing or carrying away by a tow truck of a motor vehicle involved in an accident, either from the scene of the accident or from the place to which the motor vehicle has been moved following the accident. approved means approved by the Secretary from time to time. authorised officer means a person employed in the Public Service or the Transport Service who is authorised in writing by the Secretary as an authorised officer for the purposes of this Act. certified driver means the holder of a drivers certificate. close associate—see section 5. criminal intelligence means information classified by the Commissioner of Police as criminal intelligence within the meaning of the Crimes (Criminal Organisations Control) Act 2012, or declared by the Supreme Court under that Act to be criminal intelligence. Department means the Department of Customer Service. driver licence means a driver licence within the meaning of the Road Transport Act 2013. drivers certificate means a tow truck drivers certificate in force under this Act. emergency services officer means an officer or employee of an emergency services organisation within the meaning of the State Emergency and Rescue Management Act 1989. exercise a function includes perform a duty. function includes a power, authority or duty. holding yard means a place used for the purposes of the safekeeping of towed motor vehicles. licence means a tow truck operators licence in force under this Act. licensed tow truck means a tow truck that is used or operated under the authority of a licence. licensee means the holder of a licence. motor vehicle means a motor vehicle (other than a light rail vehicle) or trailer within the meaning of the Road Transport Act 2013. operate a tow truck includes tow a motor vehicle by means of the tow truck. road means a road within the meaning of section 4(1) of the Road Transport Act 2013 (other than a road that is the subject of a declaration made under section 18(1)(b) of that Act relating to all of the provisions of that Act). road related area means a road related area within the meaning of section 4(1) of the Road Transport Act 2013 (other than a road related area that is the subject of a declaration made under section 18(1)(b) of that Act relating to all of the provisions of that Act). scene of an accident means an area proximate to the point where a motor vehicle involved in an accident has, as an immediate result of the accident, come or been brought to a stationary position. Secretary means the Secretary of the Department. tow includes— (a) lift and tow, or lift and carry, and (b) lift for the purpose of towing or carrying, and (c) carry on a trailer, and (d) place onto a trailer for the purpose of carrying, and (e) any other action prescribed by the regulations for the purposes of this definition, but does not include any activity declared by the regulations not to be towing for the purposes of this Act. tow truck—see section 4. tow truck operator means a person who conducts a business involving the operation of any tow truck for the purposes of towing motor vehicles. towing authorisation means an authorisation required under Part 4.