Many tow truck operators face difficulties when picking up vehicles that have broken down in areas where vehicles are not permitted to park. Many operators receive expiation notices when the tow truck has no other choice but to park temporarily in an area where parking is not allowed.
A MTA member challenged their local council last month after one of their tow truck operators received an expiation notice for stopping in or near an intersection.
The member argued that the truck and operator were providing assistance to the stranded and disabled vehicle, faced with no other option but to collect it where it was. The member then contacted our Industry Engagement Specialist, Paul Back after receiving the expiation notice for assistance in having the notice cleared.
Under the Australian Road Rules Regulation 312, 313B and Regulation 48 Road Traffic (Road Rules –Ancillary and Miscellaneous Provisions) Regulations 2014, provides exemptions for tow truck operators in certain circumstancesfor collecting breakdown vehicles, stopping and parking, and where the truck and operator were providing assistance to and loading a disabled vehicle.
As a result of this defence, the council withdrew the expiation notice due to the extenuating circumstances of the truck towing the vehicle that had broken down.
This is a great outcome for the tow truck operator and MTA member, demonstrating that when we work together, we can successfully deal with issues such as these.
If you are a tow truck operator who has experienced what you believe to be an unfair expiation notice when picking up a disabled vehicle, click here to contact Paul Back.