Document ID: chunk:federal_register_of_legislation:F2016C00716:clause:4_312
Version: federal_register_of_legislation:F2016C00716
Segment Type: clause
Provision Reference: sch 4 cl 312
Character Range: 394760–396052

312  Exemption for tow truck drivers
 (1) It is a defence to the prosecution of the driver of a tow truck for an offence against a provision mentioned in subrule (2) if, at the time of the offence:
 (a) the driver is engaged in loading, or connecting to, a vehicle to which this rule applies; and
 (b) the driver is unable to comply with the provision; and
 (c) the tow truck is displaying a flashing light; and
 (d) the driver is acting safely.
 (2) For subrule (1), the provisions are as follows:
 • Part 4 (Making turns)
 • Part 6 (Traffic lights and twin red lights)
 • Part 7 (Giving way), Division 1 (Places with stop signs, stop lines, give way signs or give way lines)
 • Part 8 (Traffic signs and road markings)
 • Part 9 (Roundabouts)
 • Part 11 (Keeping left, overtaking and other driving rules)
 • Part 12 (Restrictions on stopping and parking)
 • rule 288 (Driving on a path)
 • rule 289 (Driving on a nature strip)
 • rule 290 (Driving on a traffic island).
 (3) This rule applies to the following vehicles:
 (a) a vehicle at the scene of a crash;
 (b) a disabled vehicle;
 (c) a vehicle unsafely or unlawfully parked that the driver is authorised to tow away under another law of this jurisdiction.
Note: Crash is defined in the dictionary, and vehicle is defined in rule 15.