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62-623: The Accident Towing Services Act was the first dedicated statute regulating Victoria's towing industry and replaced provisions in the former Transport Act 1983 . The act generally strengthened the scheme of regulation for accident towing activity in Victoria and, at the same time, deregulated trade towing industry controls. In essence, towing vehicles damaged in a road accident and the individuals working in that sector are subject to tight controls while trade towing activities such as breakdown towing have few controls. The Accident Towing Services Act

124-480: A condition is an offence. A tow truck licence is specified to be the property of the holder of the licence. Despite this, licence holders are prohibited from assigning or renting the licence to another person. Licences are, however, able to be transferred to other persons whereupon special procedural requirements apply. The act provides capacity for VicRoads to cancel or suspend tow truck licences if operators fail to comply with licence conditions or do not comply with

186-597: A discrete statute, and provisions relating to compliance and enforcement in safety areas and affecting public transport ticketing and conduct. The major organisational changes brought about by the Transport Act were themselves the subject of major changes in the period after 1983. In 1989, the Victorian Parliament passed a new statute, the Transport (Amendment) Act, which made major adjustments to

248-406: A listed offence, contravened a condition of a tow truck licence or an accreditation or if the action is appropriate having regard to the objective of accreditation. 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. The Victorian Civil and Administrative Tribunal

310-484: A major new transport statute, the Transport Integration Act , which came into force on 1 July of that year. The new act superseded the Transport Act as Victoria's main transport statute and, at the same time, it extended the ambit of the legislation beyond land transport activities to cover ports and marine services. All Victorian transport organisations created by statute have been transferred to

372-518: A manner that is safe, timely and efficient when providing the services. Emphasis is also placed on the need for regard to be had to vulnerable persons in recognition of the shock and trauma that typically afflicts persons involved in road accidents. The scheme in the Accident Towing Services Act broadly sets economic, occupational and general consumer protection controls over the accident towing industry in Victoria. First,

434-414: A number of obligations on vehicle repairers. A person must not commence or carry our repair work on an accident damaged motor vehicle without approval in writing. If work commences without authority the person conducting the work is unable to take legal action to commence any sum or charge relating to the work or any quote prepared in relation to the work. The act also gives owners of damaged motor vehicles

496-399: A person or body to act as the allocation body for those areas. A licence holder and driver commits an offence if the persons attend an accident scene in a controlled area or tow or attempt to tow a damaged vehicle unless the allocation body has authorised attendance at the accident scene and the towing activity. Each accident tow truck licence entitles the holder of the licence to one place on

558-474: A person to drive an accident tow truck or to accompany the driver of an accident tow truck unless the person holds an accreditation issued by VicRoads. Power exists in the Part for VicRoads to suspend a tow truck driver accreditation without a show cause process if VicRoads believes on reasonable grounds that the action is in the public interest . Provision is also made under Part 4 of the act for VicRoads to issue

620-415: A person to drive an unlicensed accident tow truck or a tow truck that is incapable of being used in accident towing work (for example, a tow truck cannot be incapable of towing generally or incapable of towing a vehicle which has a gross vehicle mass of less than 4 tonnes). Prohibitions exist in the act against tow trucks attending accident scenes unless the vehicle is licensed. The offence does not apply if

682-401: A person to operate a tow truck for accident towing purposes unless the person who provides the service has a "regular tow truck licence". In addition, the person must operate the truck from a depot specified in the licence and must hold a towing operator accreditation. The tow truck must be registered and be capable of being used for towing services activity. It is an offence under the act for

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744-506: A provision of the act or other relevant acts such as the Road Safety Act 1986. Part 3 of the Accident Towing Services Act makes provision for an accreditation scheme for management participants in the accident towing industry. A person must not conduct an accident towing service business or be the manager of an accident towing depot unless the person holds an accreditation issued by VicRoads . Part 3 contains provisions relating to

806-461: A range of administrative and court-based sanctions. The key elements of the enforcement scheme are: Part 7 of the act makes provision for the minister to approve codes of practice for the purpose of providing practical guidance under the act. Compliance with a codes of practice can act as a safe harbour for persons in the towing industry although failure to comply with a provision in a code does not create any criminal or civil liability. Part 8 of

868-401: A sustainable Victoria by seeking to increase the share of public transport, walking and cycling trips as a proportion of all transport trips in Victoria..." In July 2016, the government announced the creation of Transport for Victoria , a new statutory authority combining planning functions of Public Transport Victoria and VicRoads as well as functions of other agencies. On 1 July 2018,

930-486: A tow truck driver trainee permit, a permission which enables a person to accompany a tow truck driver for the purposes of being trained as a driver or to gain knowledge of the towing industry. Part 5 of the act contains a range of provisions which are integral to the accident towing regulation scheme. A tow truck driver is prohibited from towing a vehicle from a road accident scene unless the driver has obtained an authorisation to tow that vehicle. Strict conditions apply to

992-461: Is divided into eight parts: The Accident Towing Services Act regulates the accident towing services sector in Victoria. The statute defines the sector as the service of operating tow trucks for the purposes of towing vehicles to places following road accidents or towing for the purposes of clearing road accident scenes. Part 4 of the Accident Towing Services Act establishes a licensing scheme for accident tow trucks. The act makes it an offence for

1054-403: Is given power by the act to review decisions made by VicRoads under Part 3 including in relation to refusal of accreditation and cancellation. Part 4 of the Accident Towing Services Act contains provision for a tow truck driver accreditation scheme. The scheme is similar to the scheme set out in Part 3 for management participants in the accident towing industry. For example, it is an offence for

1116-437: Is otherwise hindering or obstructing the orderly towing of a motor vehicle from a road accident site. A direction may be given to a tow truck driver, the holder of a tow truck licence or a person engaged in vehicle repair work or persons acting on behalf of those persons. It is an offence to fail to comply with a direction. VicRoads is empowered under the act to attach conditions to the tow truck licences it issues. Breach of

1178-884: The Country Roads Board was replaced by the Road Construction Authority , under the Transport Act 1983 . In 1989, the Road Traffic Authority was merged with the Road Construction Authority to form the Roads Corporation, trading under the name VicRoads. VicRoads was re-established on 1 July 2010 under the Transport Integration Act , which establishes a framework for an integrated and sustainable transport system in Victoria and empowers

1240-850: The Rail, Tram and Bus Union supported the government's decision, the Australian Services Union , representing a large number of VicRoads administrative staff, opposed the merger. On 1 July 2019, most of VicRoads functions were absorbed into the Department of Transport, excluding registration and licensing functions and some heavy vehicle functions, which remained under VicRoads. From 1 July 2019, VicRoads' remaining functions were registration and licensing, and heavy vehicle compliance, enforcement and investigation functions. On 1 January 2020, all road management functions and responsibilities of VicRoads were transferred to and vested in

1302-495: The State of Victoria , Australia for 27 years from mid-1983 to mid-2010. The act was used as the vehicle for changes to transport organisational arrangements and transport regulation activities pursued by Victorian governments over that period. The Transport Act received the royal assent on 23 June 1983 and commenced on 1 July of that year. The act remained as Victoria's principal transport statute until mid-2010 when that position

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1364-481: The Transport Integration Act including the land transport agencies previously established and empowered by the Transport Act. The Transport Integration Act changed the name of the Transport Act 1983 to the Transport (Compliance and Miscellaneous) Act 1983 . The name change took effect on 1 July 2010. VicRoads VicRoads is a government joint venture in the state of Victoria , Australia . In

1426-533: The Transport Integration Act 2010 . As a result, the application of the Accident Towing Services Act is subject to the overarching transport system vision, transport system objectives and decision-making principles set out in the Transport Integration Act. The responsible Victorian Government Minister for the Accident Towing Services Act is the Minister for Roads . The stated objective of

1488-826: The Victorian Railways , the Melbourne and Metropolitan Tramways Board and the Country Roads Board . In their place a range of new organisations including the State Transport Authority , the Metropolitan Transit Authority , the Road Construction Authority and the Road Traffic Authority were established. The Transport Act also established the Ministry of Transport as the prime coordinating agency for transport in Victoria. The Transport Act also consolidated much of

1550-448: The " chain of responsibility " concept in the accident towing sector. 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. The behavioural controls in

1612-406: The Accident Towing Services Act affect the capacity of accident tow trucks to operate in particular areas apply in relation to "controlled areas", basically most of the areas of the cities of Melbourne and Geelong where behavioural problems in the industry have been greatest in the past. VicRoads is given power under the act to declare controlled areas for the purposes of the act and to appoint

1674-480: The Accident Towing Services Act is twofold. First, the act seeks to promote the safe, efficient and timely provision of accident towing and related services. Second, the act seeks to ensure that the persons who provide accident towing services are of appropriate character. 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

1736-576: The Department of Transport on 1 July 2019. The main VicRoads administration is located in the Rialto Towers in Melbourne . There is also a regional administration office in Ballarat , which is now home to the VicRoads call centre. In addition VicRoads operates many offices servicing the public in registration and licensing throughout metropolitan Melbourne and regional Victoria. In 1983,

1798-695: The Head, Transport for Victoria , an office established under section 64A of the Transport Integration Act 2010 and currently held by the Secretary of Department of Transport . This meant that any reference to VicRoads in road management standards and other technical information must be construed as a reference to Head, Transport for Victoria. In March 2021, the Victorian Government made an in-principle decision to progress

1860-668: The Major Road Projects Authority was formed, with the function of administering specified road projects transferred from VicRoads to the new authority. On 1 January 2019, the Department of Transport and its major project authority, the Major Transport Infrastructure Authority (MTIA) was formed. The Major Road Projects Authority was renamed Major Road Projects Victoria (MRPV) and became part of MTIA. In April 2019, it

1922-409: The Part confers power on the minister to set service standards to be met by holders of accreditation. The standards may cover matters such as complaints handling and the provision of information to VicRoads relating to complaints. The Part also contains power for VicRoads to take disciplinary action against an accredited person if VicRoads is satisfied that the person has contravened the act, committed

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1984-593: The Road Traffic Authority to create the Roads Corporation or VicRoads to manage the State's road network and its vehicle licensing and registration systems. The mergers took effect on 1 July 1989. Other major organisational changes occurred after 1989 including the establishment of the office of the Director of Public Transport and the abolition of the Public Transport Corporation as well as

2046-511: The Victorian Taxi Directorate, a business unit located in the office of the Director of Public Transport attached to the Department of Transport, in late 2006 during the final stages of the development of the act proposal. The transfer of responsibility occurred after the creation of a new Ministry of Roads and Ports which separated those portfolios from the former Transport Ministry (a separate Ministry of Public Transport

2108-421: The act contains a number of miscellaneous provisions relating to the accident towing services scheme. Subjects dealt with in the part include: The responsible regulator for the application, administration and enforcement of the Accident Towing Services Act in Victoria and therefore for the regulation of the accident towing industry is the Roads Corporation or VicRoads . VicRoads took over this responsibility from

2170-411: The act cover a wide range of activities and practices including the systematic allocation of tow trucks to accident sites in "controlled areas" and conduct at road accident sites and during post accident repair work. 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

2232-551: 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

2294-466: The benefit of a cooling off period in recognition that they may have made an arrangement for repair of the vehicle following an accident without the opportunity to think clearly about the matter due to trauma or shock. The owner of the vehicle is therefore given three working days after signing an agreement to repair an accident damaged motor vehicle to terminate that agreement and without the owner being liable for costs. The act also makes it clear that

2356-438: The broad policy features of a proposed new regulatory scheme. The papers raised a series of concerns about the former towing industry framework and aspects of the industry's performance including concerns about under regulation and over regulation in particular areas. Comments were requested from industry parties and other interested stakeholders. Comments received from industry , government and other stakeholders resulted in

2418-422: The creation of discrete and special purpose organisations such as VicTrack and V/Line . Many of the regulatory consolidations effected by the Transport Act have been reversed since the act was initially passed. In many cases, the Victorian Parliament has acted to pass new principal statutes for subject matters previously regulated by the Transport Act, for example: In early 2010, the Victorian Parliament passed

2480-401: The initial organisational changes made by the Transport Act in 1983. The new Act merged the State Transport Authority and the Metropolitan Transit Authority to establish a new organisation, the Public Transport Corporation , to manage train, tram and bus operations in metropolitan and regional areas of Victoria. The Transport (Amendment) Act also merged the Road Construction Authority and

2542-414: The issue and carriage of an authority to tow. The driver is obliged to tow the vehicle to the place specified in the authority. Conduct at accident scenes is tightly regulated by the act. For example, any person at an accident scene or at any time between the time the vehicle is towed from an accident scene and the time when the vehicle is first stored must not tout or solicit for the business of repairing

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2604-444: The issuing of regular tow truck licences for particular areas of the State. 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. Alternatively, the authorisation can be made if the licences are to replace existing licences or exceptional circumstances justify the issue of new licences. Similar tests apply to

2666-467: The key Victorian Government agencies with responsibility for the State's land and water transport system. The Act provides that VicRoads' primary object is to provide, operate and maintain the road system consistent with the vision statement in the Act and objectives which emphasise transport integration and sustainability. The statute also requires VicRoads to "...manage the road system in a manner which supports

2728-490: The mechanics of these schemes including VicRoads' powers to issue accreditation. The Part also contains a scheme which seeks to regulate character requirements as part of the accreditation process particularly through the specification of a range of criminal offences which, if they form part of an applicant's background, can result in mandatory or discretionary refusal of accreditation by VicRoads. The Part also enables VicRoads to attach conditions to an accreditation. In addition,

2790-564: The minister's decision about the numbers of heavy tow truck licences which are to be made available. Special rules apply to the issue of regular and heavy tow truck licences used for the provision of accident towing services on the CityLink and EastLink toll roads. Ministerial authorisations for the issue of licences must be published in the Government Gazette and must specify the number of licences to be issued. Management of

2852-422: The owner of an accident damaged motor vehicle is not liable for repairs to the vehicle which are conducted at a place other than that nominated in the authority to tow. Finally, it is an offence for a person in control of the place where an accident damaged motor vehicle was towed to refuse to release a vehicle or to frustrate or obstruct its release. It is, however, a defence if the vehicle owner authorised work on

2914-410: The place specified in the authority to tow and be stored in a secure area. Tow truck licence holders are required to provide a written notice stating the charges which apply to the storage of the vehicle. Persons are prohibited by the act from receiving payment to obtain repair work or as payment for hand over of an accident damaged motor vehicle to another person for that purpose. The act also contains

2976-413: The purposes of the act. Enforcement-related provisions supporting the Accident Towing Services Act scheme are set out in Part 6 of the act. The act can be enforced by officers of the Victoria Police and authorised officers appointed by VicRoads . The enforcement scheme centres on provisions enabling the appointment of authorised officers, the conferral of certain coercive powers and the availability of

3038-598: The refinement of the proposal prior to its approval by the Victorian Government and presentation to Parliament as proposed legislation. Ultimately, the proposals for a new regulatory scheme were introduced to the Victorian Parliament as proposed legislation in mid April 2007. Transport Act 1983 The Transport Act 1983 was the main statute establishing government transport organisations and regulating land transport activities in

3100-436: The roster if a specified depot is attached to the licence. A roster entitlement is not able to be transferred to another operator. The areas of Victoria outside of the controlled areas are called self-management areas. Licence holders are unable to attend accidents in self-management areas and conduct tows in those areas unless authorised under the act. VicRoads is given power under the act to declare self-management areas for

3162-554: 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. In broad terms, the Accident Towing Services Act regulates the accident towing industry in Victoria by: The Accident Towing Services Act

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3224-566: The state, it is responsible for driver licensing and vehicle registration . It is owned and operated through a joint venture between the Victorian government and a consortium made up of Aware Super , Australian Retirement Trust and Macquarie Asset Management . Before July 2019, it was the road and traffic authority in Victoria, responsible also for maintenance and construction of the arterial road network, and road safety policy and research. These functions were transferred or delegated to

3286-442: The statute enables maximum numbers of accident towing vehicles to be set across the State through licensing controls and also facilitates the orderly allocation of tow trucks to road accident sites. Second, the act sets minimum standards on the character of industry participants and regulates the behaviour of the participants once they enter the industry. The framework of offences in the act broadly seeks to give practical effect to

3348-446: The suite of Victorian land transport statutes containing regulatory controls. The act initially contained a suite of provisions affecting trains and trams, buses, taxis and hire cars and tow trucks. Few of these provisions remain today in the Transport (Compliance and Miscellaneous) Act . The main schemes which remain relate to taxi and hire car regulation, the only substantial area of Victorian transport regulation not to be contained in

3410-431: The tow truck licensing process under the act is the responsibility of VicRoads, Victoria's prime road management and safety agency. VicRoads is required to issue a public notice advising of the towing licences to be issued, list the procedures to be followed, and state whether the price is to be determined by fixed price or tender and provide other details. Designated procedures apply during the issuing process. Part 2 of

3472-410: The vehicle and towing or storage charges are outstanding. Special requirements apply to repairers in relation to accident towing services in a controlled area. A repairier cannot begin a quote for repairs without confirming details with the allocation body. Other paperwork requirements are also set out in the act in relation to repairs relating to tows in the controlled area. The strictest controls in

3534-403: The vehicle attends for the purposes of salvage work only and will not therefore be involved in the act of towing the vehicle from the road accident scene. The act positions VicRoads as the prime agency able to issue both regular and heavy accident towing licences. However, authorisation to issue licences must be obtained first from the minister who is conferred with power by the act to authorise

3596-413: The vehicle or offer or seek to reach an agreement about a quotation or the repair of the vehicle. 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. The storage and repair of vehicles damaged in road accidents is tightly controlled by the act. The vehicle must be towed to

3658-556: Was also created at this time). The development of the proposal for the Accident Towing Services was managed by the former Department of Infrastructure in Victoria. The successor to the Department of Infrastructure in transport matters was the Department of Transport . The Department managed the project as part of its broader Transport Legislation Review . The Department held a series of workshops with Victoria's towing industry and issued discussion papers outlining

3720-476: Was announced that VicRoads would cease to exist as an independent entity from 30 June 2019 with its functions merged with those of Public Transport Victoria into a new division of the Department of Transport . Announcing the reforms, Premier Daniel Andrews argued that the reform would go "one step beyond" the formation of Transport for Victoria, and said that merging the two agencies would lead to planning of an integrated and mode-agnostic transport network. Although

3782-517: Was passed by the Victorian Parliament on 17 July 2007 and commenced on 1 January 2009. The act was developed as part of the Transport Legislation Review conducted by the Department of Transport and is aimed at promoting the safe, efficient and timely provision of towing and related services particularly following road accidents. The act forms part of the transport policy and legislation framework in Victoria headed by

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3844-435: Was taken by a new statute, the Transport Integration Act 2010 . It was renamed as the Transport (Compliance and Miscellaneous) Act 1983 , a title which it retains to this day. The Transport Act was initially passed by the Victorian Parliament as a major reform measure particularly in relation to institutional arrangements in the transport portfolio. The act abolished a range of long-established transport agencies including

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