Tow Truck Regulations - DOT · PDF fileTOW TRUCK REGULATIONS This draft proposal has been developed by ... Requirement for all heavy vehicle tows to display a “Towed Vehicle” warning

Tow Truck RegulationsProposed updates

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SUMMARY OF PROPOSED UPDATES

Technical standards and offence provisions for the tow truck industry are found in Part 12 Road Traffic (Vehicles) Regulations 2014. These are similar to the preceding standards from 1975 – the Road Traffic (Tow Truck) Regulations 1975.

During this period, legislation has not kept pace with the changes that have occurred to the equipment used by the tow truck Industry. This has resulted in increased numbers of compliance and licensing issues.

In 2013, the Department of Transport (DoT) committed to resolve these issues in conjunction with industry stakeholders and, as part of an Action Plan endorsed by the Minister of Transport, established the Tow Truck Technical Advisory Committee (TTTAC). TTTAC includes representatives from the tow truck industry, DoT, Main Roads Heavy Vehicles Services (HVS), Motor Trades Association, Commercial Vehicle Industry Association and WA Police.

Previous engagement with stakeholders became sidetracked with unrelated issues (for example towing fee regulation or occupational licensing) and as a result the work stalled. TTTAC’s sole focus is the significant challenge of technical and compliance issues regarding the construction and licensing of tow trucks. This consultation package therefore focuses on technical standards, provisions regarding the provision of information to vehicle owners, and penalty levels.

TO THE WESTERN AUSTRALIAN TOW TRUCK REGULATIONS

This draft proposal has been developed by TTTAC and covers the Road Traffic (Vehicles) Regulations 2014, Part 12. The main focus is ‘Division 1 – Standards and requirements in respect of tow trucks’. Furthermore, DoT proposes minor changes to ‘Division 2 – Authority to tow’ in respect to the provision of information and penalty provisions.

The regulation of fees and occupational licensing are acknowledged as important issues, but are considered to be beyond the scope of current primary legislation and the core functions of DoT.

TTTAC now invites the Western Australian towing industry and other stakeholders to review this draft proposal and provide comments and feedback through an online survey.

www.surveymonkey.com/r/XRRTYRL

For further information on this proposal please email [email protected]

Please ensure that a contact name and e-mail address is provided so further correspondence can be achieved.

The closing date for submissions is 22nd October 2017 at 5pm.

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http://www.surveymonkey.com/r/XRRTYRL

mailto:towtruckregs%40transport.wa.gov.au?subject=

PROPOSED UPDATES

Current definition from Road Traffic (Vehicles) Regulations 2014

Proposed definition

Tow Truck means a motor vehicle equipped with a crane used or intended to be used for the lifting, salvaging, carrying or towing of vehicles and includes any motor vehicle to which is attached (temporarily or otherwise) a device or trailer which is used or intended to be used for the lifting, salvaging and carrying of any motor vehicle;

Tow Truck means a purpose-built motor vehicle or purpose-built heavy semi-trailer equipped with a crane or winch to be used or intended to be used for the lifting, salvaging, carrying or towing of vehicles, and includes the prime mover but only whilst it is attached to the semi-trailer.

This relates to Question 1 in the proposed updates survey.

1. DEFINITION OF TOW TRUCK

2. VEHICLE STANDARDS

Division 1 - Standards and requirements in respect of tow trucks

Current legislation Road Traffic (Vehicles) Regulations 2014

Proposed requirement (not proposed legislative wording)

408. Compliance with standards and requirements

(1) A person must not use or drive a tow truck or operate a vehicle as a tow truck unless the vehicle licence for the tow truck or vehicle allows it to be used as a tow truck.

Unchanged.

(2) A person must not use or drive a tow truck or operate a vehicle as a tow truck unless the tow truck and the vehicle being towed comply with each regulation in this Division that applies to the tow truck or the vehicle being towed.

Unchanged.

Penalty applicable to subregulations (1) and (2):

(a) for a first offence, a fine of 2 PU;

(b) for a second or subsequent offence, a fine of 4 PU.

Updated -

See section Division 2 – Authority to tow

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409. General equipment

(1) A tow truck must be fitted with dual wheels on the rear axle or axles on both the left and right sides of the vehicle.

Unchanged.

(2) A person must not use or drive a tow truck or operate a vehicle as a tow truck unless the tow truck and the vehicle being towed comply with each regulation in this Division that applies to the tow truck or the vehicle being towed.

Unchanged.

(3) The driver’s seat on a tow truck must be so constructed that no person can occupy any portion of the seat on the right hand side of the driver.

Unchanged.

(4) A tow truck must be equipped with suitable spacer bars and safety chains to enable the driver of the tow truck to exercise efficient control over the towed vehicle while it is being towed and the spacer bars must be so designed as to minimise any damage to the towed vehicle caused by the towing vehicle or its equipment.

Updated -

A tow truck is to be equipped with spacer bars and safety chains where applicable.

(5) A tow truck must be equipped with a fire extinguisher of a type and capacity approved by the CEO and maintained in an effective condition and installed in a position where it is readily available for use.

Updated -

Fire extinguishers to comply with Australian Standard (AS) 2444.

(6) A tow truck must be equipped with a broom and other equipment that is necessary for the removal of any broken glass, debris, oil or other matter deposited on the roadway as a result of an accident or breakdown.

Updated -

Feedback on minimum requirements for clean-up kit / spill kit.

Should this be the responsibility of the tow truck operator to clean up the site?

This relates to Question 2 and 3 in the proposed updates survey.

(7) A tow truck must have clearly marked on a conspicuous part of the right side of the vehicle, in letters at least 50 mm high and 25 mm wide -

(a) the name and address of the owner of the vehicle; and

(b) the vehicle’s unloaded mass and GVM; and

(c) the vehicle’s classification under regulation 414.

Unchanged.

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410. Lights and warning devices

(1) A tow truck must be equipped with -

(a) a flashing amber light for use in circumstances mentioned in the Road Traffic Code 2000 and not otherwise; and

(b) a suitable adjustable white light mounted so that at night it is capable of effectively illuminating the area in which the coupling of the tow truck to any vehicle to be lifted or towed is to be effected, in addition to the vehicle lights and reflectors required under these regulations with respect to motor vehicles generally.

Unchanged.

(2) A tow truck must have equipment which can be placed on the towed vehicle and connected electrically to the towing vehicle of a kind that enables the requirements of these regulations relating to lights to be observed by both vehicles whilst a vehicle is being towed.

Unchanged.

(For example; a light bar for fitment to the towed vehicle, or a means to operate the towed vehicles lights)

(3) A tow truck must be equipped with at least 3 portable warning devices complying with the Standard Specification for warning signs set out in AS 3790-1992 Portable warning triangles for motor vehicles and maintained in good order.

Updated -

Requirement to carry:

Warning Triangles AS 3790

or

Reflective Cones AS 1742.3.


New requirement

Rear under-run bars for tilt trays.

Please refer to Department of Transport’s Circular to Industry-117.

See link at the end of this paper.




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411. Dimension requirements for tow trucks and their loads

The maximum overall length of a tow truck and the vehicle it is towing may exceed 16.8 m if -

(a) signs bearing the word “Overlength” in black lettering, 200 mm high on a yellow background are affixed to the front and rear of the combination of vehicles; and

(b) if the towing takes place at night, the inscriptions on those signs are of reflective material.

Updated -

Requirement for all heavy vehicle tows to display a “Towed Vehicle” warning sign.

This overrides all other sign requirements for the towed combination (ie tow truck + towed vehicle)

The towed vehicle must still comply with the statutory sign requirements applying to that vehicle (eg: “Long Vehicle” or “Oversize”). This requirement is the responsibility of towed vehicles owner/operator.


New requirement

Tilt trays with underlift / cradles.

For the purposes of vehicle compliance, the rear overhang of the vehicle does not include lifting apparatus that has been extended whilst towing. It does include the lifting apparatus when fully stowed.



Tilt Tray with underlift

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412. Cranes

(1) The design, construction and marking of the crane fitted to a tow truck, its attachments and supporting structure must be generally in accordance with the requirements of AS 1418 Cranes (including hoists and winches) as amended from time to time.

Updated -

All new build trucks shall comply with Australian Standard AS 5400 Tow trucks - Tilt, slide and underlift vehicles.

All newly licensed / re-licensed trucks shall comply with Section T of the Vehicle Standards Bulletin (VSB) 6 – Heavy Vehicle Modifications National Code of Practice.



(2) A crane must be located and mounted on a tow truck in the manner generally or specifically directed by the CEO and must comply with the stability requirements of the standard specified in subregulation (1).

(3) A tow truck crane must be provided with adequate means for supporting the load in its raised position whilst under tow.

Unchanged.

(A means of supporting the load in its raised position whilst under tow, supplementary to the primary lifting equipment)

(4) A tow truck does not comply with this regulation unless -

(a) a certificate has been issued by the CEO certifying that the design of the crane is in accordance with the standard specified in subregulation (1); and

(b) the crane has satisfactorily passed working and stability tests.

Updated -

All new build trucks shall comply with Australian Standard AS 5400 Tow trucks - Tilt, slide and underlift vehicles.

All newly licensed / re-licensed trucks shall comply with Section T of the Vehicle Standards Bulletin (VSB) 6 – Heavy Vehicle Modifications National Code of Practice.



413. Crane operators

A person must not operate a power operated crane on a tow truck if -

(a) the person is required under the Occupational Safety and Health Regulations 1996 to hold a high risk work licence as defined in regulation 6.1 of those regulations to operate the crane; and

(b) the person does not hold the relevant licence.

Unchanged.

We are seeking feedback as to whether this is still required?


Penalty:



Updated -

See section Division 2 – Authority to tow.

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414. Classification and limitation

(1) In this regulation -

load capacity, in relation to a vehicle, means the difference between its GVM and its unloaded mass.

Unchanged.

Updated Licensing procedure to be introduced.

Load capacity = Gross Vehicle Mass (GVM) – unladen mass.

Minimum front axle mass (under worst case loading).


(2) Tow trucks are to be classified in accordance with these specifications:

Class 1 -

Tow trucks having a load capacity of not less than 1 270 kg and fitted with a crane having a safe working load of not less than 1 045 kg.

Class 2 -


Class 3 -


Updated -

See updated Classification table.

(3) A tow truck is limited to the lifting, carrying, towing or salvaging of vehicles having a GVM appropriate to the load capacity of the tow truck, and must not be operated so as to exceed these limits -

Class of tow truck GVM of vehicle

1 2030 kg

2 5080 kg

Updated -




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Class 1 Class 2 Class 3 Class 4

Load Capacity Min kg 1200 3000 6125 7000

Lifting Apparatus SWL Min kg 1000 2500 5000 7000

GVM of Towed Vehicle MAX kg 2000 5000 12000 -

GCM of Tow Truck Min kg - - 18000 60000

Class 1 T Class 2 T Class 3 T Class 4 T

Load Capacity Min kg 1500 4000 8000 12000

Winch / Hoist SWL Min kg 1000 2500 5000 7000

GVM of Towed Vehicle MAX kg 2000 5000 12000 -

TOW TRUCKS

TOW TRUCKS TILT TRAYS

UPDATED CLASSIFICATION TABLE



New requirement

Tow Truck Plates will be issued to all vehicles licensed as a Tow Truck.

The plate would be used as an identifier in the same way as Small Charter Vehicle plates are used.


New requirement

Class 4T for tilt/slide semi-trailers.

The definition of tow truck has been modified to allow a purpose built, tilt slide semi-trailer to be licensed as a tow truck. It can be pulled by any licensed prime mover.


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415. Lifting requirements

(1) The GVM of any vehicle being lifted must not be more than the GVM of the tow truck.

Updated -


(2) The mass supported by the crane of a tow truck must not be more than the safe working load of that crane.

Unchanged.

(3) When a vehicle has been partially but not fully lifted for towing by a tow truck, it must be supported by means other than the hoist rope or chain of the crane and some of the mass must be taken on at least 2 wheels or a single axle of the towed vehicle before the tow truck is put in motion.

Unchanged.

(4) When a vehicle has been fully lifted for towing by a tow truck, it must be wholly supported on the carrying area of the tow truck, or on a trailer approved by the CEO for that purpose, and adequately secured before the tow truck is put in motion.

Unchanged.

(5) A towed vehicle must not be supported by the hoist rope or chain of a crane whilst the tow truck is in motion.

Unchanged.

(6) Despite subregulation (4), a tow truck must not be used to lift and carry a vehicle which is so damaged that it cannot be safely towed on any 2 wheels of a single axle unless that tow truck has been approved by the CEO for the purpose.

Unchanged.

We are seeking feedback as to whether this is still required?

New requirement

Manufacturer’s ratings for Gross Vehicle Mass, Gross Combination Mass, axles, tyres, lifting apparatus, tow couplings etc. cannot be exceeded.

Please note: This requirement has always applied but was not explicitly detailed in the previous Tow Truck Regulations.

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Tilt Tray with underlift

New requirement

Class 4 over-mass permit for tow trucks only, not tilt trays.

Please note: This permit currently exists as heavy tow truck permits but does not refer to Class 4 tow trucks.

New requirement

Tilt Tray with underlift.

The maximum combined mass of a Tilt Tray truck, fitted with an underlift, towing an unbraked vehicle cannot exceed the lesser of;

• The manufacturer’s GVM of the truck plus 750 kg,

• The manufacturer’s GCM




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416. Tow truck brakes

The service brakes of a tow truck must be maintained in an efficient condition at all times and the reading as measured with a Tapley Brake Meter must be at least 60% when tested at its unloaded mass.

Obsolete.

Remove this requirement.

417. Brakes of towed vehicle

(1) In the case of a Class 3 tow truck towing a vehicle of which the driver of the tow truck has control of the braking system, and the brakes can be used, there is no limitation on the mass of the towed vehicle.

Updated -

Applies to Class 3 and Class 4 tow trucks.

The tow rating of the lifting equipment and the GCM of the truck must not be exceeded.

(2) If a Class 3 tow truck is required to tow a vehicle which is damaged so as to prevent coupling of the braking system to the tow truck, the brakes may be operated from the driving position of the towed vehicle.

Updated -

Class 3 or Class 4 tow truck.

(3) If a vehicle is so damaged as to prevent the braking system from being used, a police officer may authorise the vehicle to be towed, by a tow truck of the appropriate class, to the nearest place of safety.

Updated -

Applies to Class 3 and Class 4 tow trucks.

The tow rating of the lifting equipment and the GCM of the truck must not be exceeded.

Seeking feedback on the definition of nearest place of safety.

(4) A person must not alter the setting of the brake (slack) adjusters of a vehicle fitted with maxi-spring emergency/parking brakes for the purpose of towing the vehicle.

Unchanged.

Penalty for an offence under this subregulation:



Updated -

See section Division 2 – Authority to tow.

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419. Tow truck driver’s statement

(1) Subject to regulation 420, the driver of a tow truck must not tow or salvage any vehicle from the scene of an accident until the driver has completed in duplicate a statement containing these particulars -

(a) the name and address of the person licensed to operate the tow truck;

(b) the name and address of the tow truck’s driver;

(c) the tow truck’s number plate details;

(d) the name and address of the owner of the vehicle to be towed or salvaged, if that is known;

(e) if the removal of the vehicle to be towed or salvaged is authorised by a police officer, the police officer’s name and number assigned for official purposes;

(f) otherwise, the name and address of the person authorising the vehicle to be towed or salvaged;

(g) the make and number plate details of the vehicle to be towed or salvaged;

(h) the place from where the vehicle is to be moved;

(i) the place to where the vehicle is to be moved;

(j) the date and time at which the authority to tow or salvage is signed, and has signed, and obtained the signature of the person authorising the tow or salvage to, both copies of that statement when so completed.

To be updated -

Under Regulation 419, the driver of the tow truck is obliged to provide a written notice to the person authorising the tow or salvage, before undertaking the tow or salvage (the tow truck driver’s statement). This information lists 10 fields of information to be given.

DoT is aware of regular complaints regarding customers not realising the extent of the fees, ensuing in protracted consumer complaints.

To reflect contemporary customer service practice, it is proposed to require the fee structure to form part of the mandatory information recorded on the tow truck driver’s statement.


422. Offences about towing

To be updated -

DoT proposes to review the penalty provisions contained in Road Traffic (Vehicles) Regulations 2014, Part 12 during 2017/18. The penalties for breaching the regulations have not kept pace with the consumer price index, and it is proposed to increase penalties to reflect current community standards. This would provide a realistic deterrent to offending and demonstrate the seriousness of breaches.

DoT will also consider the implementation of modified penalties in the regulations, which would allow enforcement officers to issue infringement notices. This would avoid the need for offenders to appear in court on simple, uncontested matters. This would support industry and law enforcement, and would still allow the most serious breaches to be prosecuted in court.

Please provide your feedback on ‘Offences about towing’ at the end of the survey.

Division 2 - Authority to tow

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LINKS TO ADDITIONAL MATERIALS AND INFORMATIONA copy of the Australian Standards referenced in this draft can be purchased from the InfoStore at SAI Global;

https://infostore.saiglobal.com/

A copy of VSB6 can be downloaded from the Federal Department of Infrastructure and Regional Development website;

https://infrastructure.gov.au/roads/vehicle_regulation/bulletin/index.aspx

A copy of the Road Traffic (Vehicles) Regulations 2014 can be downloaded from the State Law Publisher

https://www.slp.wa.gov.au/legislation/statutes.nsf/main_subsif_r.html

CI 117B: Vehicle Safety and Standards Circular to Industry

http://www.transport.wa.gov.au/mediaFiles/licensing/LBU_VS_CI_117.pdf

IMPLEMENTATION OF UPDATED REGULATIONSStage 1

From the date of proclamation of the updated tow truck legislation within the Road Traffic (Vehicles) Regulations 2014:

• All vehicles newly licensed / re-licensed as a Tow Truck shall meet the requirements of the updated tow truck legislation.

• Tow truck plates are to be issued to all newly licensed / re-licensed tow trucks.

During this period of Stage 1 implementation, tow truck plates will not be mandatory for vehicles licensed as a tow truck prior to the proclamation date. However to be identified as a tow truck that complies with the updated regulations, the tow truck must pass a full vehicle inspection (see below) before tow truck plates can be issued.

○ All vehicles built as a tow truck or converted into a tow truck from 1995 onwards shall comply with the requirements of the updated tow truck legislation before tow truck plates can be issued.

○ All vehicles built as a tow truck or converted into a tow truck prior to 1995 shall comply with minimum vehicle safety standards (tbd) before tow truck plates can be issued.

Stage 2

Within a defined period after the date of proclamation of the updated tow truck legislation within the Road Traffic (Vehicles) Regulations 2014:

○ All tow trucks in WA shall comply with the updated tow truck legislation and be fitted with tow truck plates.


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https://infostore.saiglobal.com/

https://infrastructure.gov.au/roads/vehicle_regulation/bulletin/index.aspx

https://www.slp.wa.gov.au/legislation/statutes.nsf/main_subsif_r.html

http://www.transport.wa.gov.au/mediaFiles/licensing/LBU_VS_CI_117.pdf

HOW WILL THE REVIEW BE CONDUCTED?This document of proposed updates to the tow truck regulations has been developed by the Department of Transport (DoT) and the Tow Truck Technical Advisory Committee (TTTAC).

The process for review

REVIEW TIMELINE

Phase One

Proposed updates to the Western Australian Tow Truck Regulations released. Online survey available for feedback.

Survey feedback received by DoT

Stakeholders within Tow Truck Industry provide feedback

and ideas

Phase Two

Tow truck stakeholder industry feedback will be analysed.

DoT will finalise the proposed updates to the Road Traffic (Vehicles) Regulations 2014 Part 12: Tow Trucks.

Phase Three

DoT will present the Minister for Transport with the proposed updates to the Road Traffic (Vehicles) Regulations 2014

Part 12: Tow Trucks for approval to amend the legislation.

Updated Road Traffic (Vehicles) Regulations 2014 Part 12: Tow Trucks will be released.

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CONTACTDepartment of Transport 140 William Street Perth WA 6000 Telephone: (08) 6551 6000 Website: www.transport.wa.gov.au The information contained in this publication is provided in good faith and believed to be accurate at time of publication. The State shall in no way be liable for any loss sustained or incurred by anyone relying on the information. 100913

Documents

Tow Truck Regulations - DOT · PDF fileTOW TRUCK REGULATIONS This draft proposal has been developed by ... Requirement for all heavy vehicle tows to display a “Towed Vehicle” warning