Western Australian Current Regulations

TOWING SERVICES REGULATIONS 2025

TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Commencement  
   3.      Terms used

   PART 2 -- Towing businesses

           Division 1 -- Obligations in relation to towing  

   4.      Vehicle used for towing must be licensed tow truck  
   5.      Towing service provider must ensure towed vehicle is protected from damage  
   6.      Towing service provider must ensure personal property is secured  
   7.      Towing service provider must ensure tow truck is fitted with dashboard camera unit  
   8.      Towing service provider must ensure photographs taken and dashboard camera recordings made  
   9.      Display of restricted name or logo

           Division 2 -- Storage of vehicles  

   10.     Steps to release vehicle from storage (s. 15)  
           11. Moving stored vehicle  
   12.     Access to stored vehicle and retrieval of personal property

           Division 3 -- Records, reporting and complaints  

   13.     Records to be kept in relation to regulated towing business  
   14.     Reporting of notifiable occurrences  
   15.     Complaints resolution procedure  
   16.     Records of complaints  
   17.     CEO may require records to be produced or provided

   PART 3 -- Towing workers

           Division 1 -- Obligations in relation to towing  

   18.     Towing by most direct route  
   19.     Towing worker must ensure vehicle is protected from damage  
   20.     Towing worker must ensure personal property is secured  
   21.     Requirement to carry Australian driver licence or foreign driving authorisation  
   22.     Removal of debris and oil and reporting of hazards  
   23.     Remaining at crash site  
   24.     Obstructing authorised officers, emergency workers and persons providing first aid or medical care  
   25.     Obstructing loading of vehicle onto other tow truck  
   26.     Insulting, offensive or threatening language or behaviour

           Division 2 -- Records and reporting  

   27.     Towing worker must take photographs of vehicle  
   28.     Towing worker must make dashboard camera recordings  
   29.     Reporting of notifiable occurrences

   PART 4 -- Authorisation to tow vehicle

           Division 1 -- Authority to tow  

   30.     Information to be included in authority to tow (s. 40)  
           31. Towing service provider must provide authority to tow forms  
   32.     Towing worker must make and distribute copies of authority to tow  
   33.     Towing worker must notify person if vehicle cannot be towed to authorised place

           Division 2 -- Authorisation by Commissioner of Main Roads  

   34.     Authorisation statement must be completed if authorisation given by Commissioner of Main Roads  
   35.     Towing worker must make and distribute copies of authorisation statement

           Division 3 -- Obtaining authority to tow  

   36.     Application of Division  
   37.     Authority to tow must be obtained only by tow truck driver present with suitable tow truck  
   38.     False, misleading or altered authorities to tow  
   39.     Obtaining authority to tow using force, threats, intimidation, offensive behaviour or persistent soliciting  
   40.     Obtaining authority to tow from person to whom first aid or medical care is being provided  
   41.     Obtaining authority to tow by fraudulent behaviour  
   42.     Obtaining authority to tow by holding out association with public entity, insurance company or roadside assistance provider  
   43.     Soliciting for vehicle repair or hire services  
   44.     Display of restricted name or logo  
   45.     Individual prohibited from obtaining authority to tow must not hinder or obstruct others

   PART 5 -- Charges for towing and storage

           Division 1 -- Preliminary  

   46.     Terms used  
   47.     Factors to be considered in determining whether towing charge or storage charge is unreasonable

           Division 2 -- Towing charges

              Subdivision 1 -- Vehicle towed from within Perth and Peel  

   48.     Application of Subdivision  
   49.     Towing charge for light vehicle or motor cycle must not exceed maximum amount  
   50.     Towing charge for heavy vehicle must not be unreasonable

              Subdivision 2 -- Vehicle towed from outside Perth and Peel  

   51.     Application of Subdivision  
   52.     Towing charge must not be unreasonable

           Division 3 -- Storage charges

              Subdivision 1 --Storage of vehicle towed within, out of or into Perth and Peel  

   53.     Application of Subdivision  
   54.     Storage charge for light vehicle or motor cycle must not exceed maximum amount  
   55.     Storage charge for heavy vehicle must not be unreasonable

              Subdivision 2 -- Storage of vehicle towed outside Perth and Peel  

   56.     Application of Subdivision  
   57.     Storage charge must not be unreasonable

           Division 4 -- Liability for and payment of charges  

   58.     Liability for towing charges and storage charges  
   59.     Payment of towing charges and storage charges

   PART 6 -- Safety standards  

   60.     Personal protective equipment  
   61.     Driving, stopping or parking tow truck in prohibited manner

   PART 7 -- Information  

   62.     Law enforcement officials (s. 70)  
           63. Relevant authorities (s. 70)  
           64. Information that CEO must disclose to Commissioner of Police (s. 77(1))  
           65. Information that CEO may disclose to relevant authority (s. 79)

   PART 8 -- Infringement notices and enforcement  

   66.     Prescribed offences and modified penalties  
   67.     Approved officers and authorised officers  
   68.     Entry warrants (s. 96(2))  
           69. Forms

   PART 9 -- Miscellaneous  

   70.     Application of obligations if towing worker is also towing service provider  
   71.     Giving of documents generally  
   72.     Time when documents taken to be given

   PART 10 -- Transitional provisions  

   73.     Term used: commencement day  
   74.     Towing charges and storage charges in accordance with agreement entered into before commencement day  
   75.     Photographs and signatures must not be disclosed before coming into operation of s. 78(3) of Act
           SCHEDULE 1 -- Prescribed offences and modified penalties
           SCHEDULE 2 -- Forms