1 Name of Act
2 Commencement
3 Definitions
4 Meaning of “tow truck”
5 Meaning of “close associate”
6 Application of Act
6A Act does not apply to towing, salvage or storage of certain motor vehicles
Part 2 Functions of RMS in relation to tow truck industry
7 Functions of TfNSW under this Act
8–14 (Repealed)
Part 3 Tow truck operators licences and drivers certificates
Division 1 Tow truck operators licences
15 Requirement for tow truck operators to be licensed
16 Classes of licences
17 Application for licence
18 Restrictions on granting licence
19 Grant of licence
20 Licence conditions
21 Licence fees
22 Term of licence
22A Renewal of licence
Division 2 Tow truck drivers certificates
23 Requirement for tow truck drivers to hold drivers certificates
24 Classes of drivers certificates
25 Application for drivers certificate
26 Restrictions on granting drivers certificate
27 Grant of drivers certificate
28 Form of drivers certificate
29 Conditions of drivers certificate
30 Drivers certificate fees
31 Term of drivers certificate
31A Renewal of drivers certificate
32 Automatic revocation of drivers certificate if driver licence no longer in force
Division 3 General provisions relating to licences and drivers certificates
33 Investigation of application for licence or drivers certificate
34 RMS may require further information in relation to application
35 Variation of conditions
36 False or misleading statements
37 Requirement to notify RMS of proposed changes in particulars
38 Duplicate licence or drivers certificate
39 Register of licences and drivers certificates
40 Voluntary surrender of licence or drivers certificate
Division 4 Disciplinary action by RMS
41 Disciplinary action
42 Grounds for taking disciplinary action
43 Procedure for implementing disciplinary action
44 Effect of suspension
Division 5 Review by Administrative Decisions Tribunal
45 Application to Administrative Decisions Tribunal for review
Part 4 Regulation of tow truck industry and towing operations
Division 1 Towing authorisations
46–48 (Repealed)
49 Requirement to obtain towing authorisation
49A Restrictions on obtaining towing authorisations after authority already granted
50 Restrictions on obtaining towing authorisations
51 Towing in accordance with towing authorisation
52 Regulations relating to towing authorisations
53 Alteration of completed towing authorisation prohibited
Division 3 Miscellaneous provisions relating to tow trucks and towing operations
54 Charges and fees for towing, salvage, storage and related services
55 Construction of tow trucks
56 Certain tow trucks prohibited
57 Tow truck number-plates
Division 4 Miscellaneous offences
58 Contravention of conditions
59 Tow truck operator may only employ qualified persons to carry on towing work
60 Licensee required to keep certain records
61 Prohibition of “spotter’s fees”, “drop fees” and towing inducements
62 Prohibition on obtaining authority to repair
63 Touting or soliciting for towing work at scene of accident
63A Touting or soliciting for repair work at scene of accident
64 Threats and related conduct
65 Cleaning up at scene of accident
66 Compliance with directions at scene of accident
67 Passengers in tow trucks
68 Restrictions on standing tow truck at accident scene
69 Drivers certificate to be worn by certified driver
70 Production of licence and drivers certificate
71 Advertising
72 Holding out
73 Requirement to return licence, drivers certificate or number-plates
74 Abuse of authority conferred by licence or drivers certificate
75 Impersonation of authorised officer
Part 5 Enforcement and procedural provisions
Division 1 Powers relating to investigations, inquiries and directions
76 Purposes for which powers under Division may be exercised
77 Nominated person
78 Requirement to provide information and records
79 Power to require answers and to demand name and address
80 Inquiries by RMS
81 Powers of entry and inspection
82 Inspection of tow trucks
83 Search warrants
84 Power to give directions
85 Offences
86 Provisions relating to requirements under Division
Division 2 Procedural provisions
87 Proceedings for offences
88 Offences by corporations
89 Penalty notices for certain offences
90 Power of court to order licence or drivers certificate to be surrendered
Part 6 Miscellaneous provisions
91 Tow Truck Industry Fund
92 Investment of money in Fund
93, 94 (Repealed)
95 Arrangements for supply of Police records
96 Disclosure of spent convictions
97 (Repealed)
98 Identification of authorised officer
99 Disclosure of information
100 Refund of fees
101 Evidence
102 Service of documents
103 Contracting out void
104 (Repealed)
105 Regulations
106 Savings and transitional provisions
107 Repeals
108 (Repealed)
109 Review of Act