Accident Towing Services Act

The Accident Towing Services Act was passed by the Victorian Parliament on 17 July 2007 and commenced on 1 January 2009.

First, the act seeks to promote the safe, efficient and timely provision of accident towing and related services.

The act is also aimed at ensuring that the persons in the industry are technically competent to provide accident towing services.

The statute also requires that those persons act with integrity and in a manner that is safe, timely and efficient when providing the services.

[8] The framework of offences in the act broadly seeks to give practical effect to the "chain of responsibility" concept in the accident towing sector.

[9] The concept seeks to identify the industry parties who are in a sufficient position of control over risks, in this case potentially unsafe and unethical conduct following road accidents, and to allocate responsibility through law accordingly in order to deter and punish those behaviours in the interest of a safe, clean and efficient industry.

[11] The scheme was broadly prompted by consumer protection sentiment, in particular, the recognition of the vulnerability of road accident victims.

Care was evident during the development of the scheme to maintain and enhance existing character standards in the accident towing sector due to behavioural issues in Victoria in the past including the infiltration of criminal elements into some areas of the industry and resultant "predatory towing" activities.

[20] The act positions VicRoads as the prime agency able to issue both regular and heavy accident towing licences.

The minister can only make such an authorisation if she or she considers it to be in the public interest having regard to any increase in the need for tow trucks in the relevant area.

[24] Similar tests apply to the minister's decision about the numbers of heavy tow truck licences which are to be made available.

[29] Part 2 of the act provides a number of criminal offences relating to the operation of accident tow trucks.

The offences include: Members of the Victoria Police and VicRoads' authorised officers are given power under the act to direct a person to leave a restricted road accident site area (an area within a 500-metre radius of an accident damaged vehicle) if the person is causing an unwarranted obstruction to traffic, hindering efforts to attend to any injured persons or damaged property or is otherwise hindering or obstructing the orderly towing of a motor vehicle from a road accident site.

[43] Part 3 contains provisions relating to the mechanics of these schemes including VicRoads' powers to issue accreditation.

[45] In addition, the Part confers power on the minister to set service standards to be met by holders of accreditation.

[47] The disciplinary action that may be taken by VicRoads includes suspension or cancellation of accreditation, a direction that the person must undergo training or at the giving of a warning.

[48] The Victorian Civil and Administrative Tribunal is given power by the act to review decisions made by VicRoads under Part 3 including in relation to refusal of accreditation and cancellation.

[55] Persons are also prohibited from touting or soliciting for the towing or storage of a damaged vehicle at an accident site or attempting to reach an agreement in respect of such matters.

[57] Tow truck licence holders are required to provide a written notice stating the charges which apply to the storage of the vehicle.

A person must not commence or carry our repair work on an accident damaged motor vehicle without approval in writing.

[65] Special requirements apply to repairers in relation to accident towing services in a controlled area.

The enforcement scheme centres on provisions enabling the appointment of authorised officers, the conferral of certain coercive powers and the availability of a range of administrative and court-based sanctions.

[82] Part 8 of the act contains a number of miscellaneous provisions relating to the accident towing services scheme.

The Department held a series of workshops with Victoria's towing industry and issued discussion papers outlining the broad policy features of a proposed new regulatory scheme.

Second reading was moved in the upper house the next day, 20 June, and the proposal ultimately debated and passed on 17 July 2007.