Western Australian Current Regulations

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ROAD TRAFFIC (VEHICLES) REGULATIONS 2014 - REG 417

417 .         Brakes of towed vehicle

        (1A)         Except as provided in subregulation (2), (3) or (3A), the driver of a Class 3 or Class 4 tow truck towing a vehicle must have control of the braking system of the towed vehicle.

        Penalty for this subregulation:

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

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

        (1)         In the case of a Class 3 or Class 4 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.

        (2)         If a Class 3 or Class 4 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.

        (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.

        (3A)         In the case of a tilt tray tow truck towing a vehicle by means of an underlift system in circumstances where the driver of the tow truck does not have control of the braking system of the towed vehicle, the maximum combined mass of the tilt tray tow truck and the towed vehicle must not exceed the lesser of the following —

            (a)         the tilt tray tow truck GVM plus its towing capacity;

            (b)         if the tilt tray tow truck towing capacity is not specified by the manufacturer — the tilt tray tow truck GVM plus 750 kg;

            (c)         the tilt tray tow truck GCM.

        (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.

        Penalty for this subregulation:

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

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

        [Regulation 417 amended: SL 2022/174 r. 13.]

        [Heading inserted: SL 2025/4 r. 4.]



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