Western Australian Current Acts

ROAD TRAFFIC ACT 1974 - SECT 97

97 .         Towing parked motor vehicles prohibited unless requirements satisfied

        (1)         A tow truck driver must not tow a parked motor vehicle from the premises at which it is parked (the relevant premises ) unless —

            (a)         there is a towing arrangement in effect requesting or permitting the tow truck driver to tow the vehicle; and

            (b)         the tow truck driver has notified the CEO, in a manner and form approved by the CEO —

                  (i)         that the vehicle is to be towed; and

                  (ii)         of the details prescribed by the regulations in relation to the vehicle;

                and

            (c)         the tow truck driver has recorded the details prescribed by the regulations in relation to the vehicle in accordance with the requirements of the regulations; and

            (d)         if the regulations require a sign to be displayed at the relevant premises — a sign complying with the requirements of the regulations was displayed at the relevant premises when the vehicle was parked; and

            (e)         the vehicle has been parked at the relevant premises for a period that is no shorter than the waiting period prescribed by the regulations; and

            (f)         either —

                  (i)         the tow truck driver cannot, after taking reasonable steps, find a relevant person for the vehicle; or

                  (ii)         if a relevant person for the vehicle is found — the relevant person cannot or will not remove the vehicle from the relevant premises, or the tow truck driver reasonably believes that the relevant person cannot or will not remove the vehicle from the relevant premises, within a reasonable time.

        Penalty for this subsection: a fine of 100 PU.

        (2)         Despite subsection (1), if the vehicle is parked in a position where it is causing a hazard or unreasonable obstruction, the requirements in subsection (1)(d), (e) and (f) do not apply.

        (3)         Subsection (1)(f)(i) is taken to be satisfied if the tow truck driver reasonably believes that a controller of the relevant premises has taken reasonable steps to find a relevant person for the vehicle and cannot find a relevant person.

        (4)         A controller of premises must not give any information to a tow truck driver in relation to a matter referred to in subsection (1) that the controller knows is false or misleading in a material particular.

        Penalty for this subsection: a fine of 100 PU.

        [Section 97 inserted: No. 38 of 2020 s. 5.]