Welcome to the 20th issue of Crash Towing Industry News.

Our regular newsletters will provide important updates about the crash towing industry reforms including legislative changes that may affect how you operate.

The Towing Services Regulations 2025 (the Regs) were implemented on 10 January 2025. These regulations place specific obligations on towing workers, including that towing workers must:

not remain at a crash site for longer than is reasonably necessary;
when engaging in crash towing work, carry their Australian driver licence or foreign driving authorisation;
tow a vehicle by the most direct route, and without taking longer than is reasonably necessary, to the place to which the vehicle is authorised to be towed;
take reasonable steps to ensure that a vehicle towed from a crash site is not damaged, or further damaged;
take reasonable steps to ensure that personal property that is in, or attached to, a vehicle towed in the conduct of a regulated towing business is kept secure, and protected from being lost, stolen or damaged;
ensure that, as far as is practicable, any broken glass, debris, oil or other matter that is deposited on a road at a crash site is removed from the road and any hazards are reported; and
only obtain an authority to tow a vehicle if the tow truck driver is present with a suitable tow truck.

Remaining at crash site

Towing workers must not remain, and must ensure that the tow truck does not remain, at the crash site for longer than is reasonably necessary to do the following:

(a) ascertain whether another person has obtained an authority to tow in relation to the vehicle and, if not, obtain an authority to tow in relation to the vehicle;
(b) if the towing worker obtains an authority to tow in relation to the vehicle – load the vehicle onto the tow truck;
(c) comply with any obligations of the towing working under the Act.

Remaining at a crash site for longer than reasonably necessary is an offence anywhere in WA.

Penalty: A fine of $5,000.

Requirement to carry Australian driver licence or foreign driving authorisation

Towing workers who drive a tow truck for the purposes of a regulated towing business must, when engaging in crash towing work, carry the towing worker’s Australian driver licence or foreign driving authorisation.

Penalty: A fine of $5,000.

Towing by most direct route

Towing workers who tow a vehicle for the purposes of a regulated towing business must tow the vehicle by the most direct route, and without taking longer than is reasonably necessary, to the place to which the vehicle is authorised to be towed.

Penalty: A fine of $5,000.

Towing worker must ensure vehicle is protected from damage

Towing workers must take reasonable steps to ensure that a vehicle towed in the conduct of a regulated towing business is not damaged, or further damaged, during —

(a)   the loading of the vehicle onto a tow truck; or
(b)   the towing of the vehicle; or
(c)   the unloading of the vehicle from a tow truck.

Penalty: A fine of $5,000.

Towing worker must ensure personal property is secured

Towing workers must take reasonable steps to ensure that personal property that is in, or attached to, a vehicle towed in the conduct of a regulated towing business is —

(a) kept secure; and
(b) protected from being lost, stolen or damaged.

Penalty: A fine of $5,000.

Removal of debris and oil and reporting of hazards

Before towing a vehicle, towing workers must ensure that, as far as is practicable, any broken glass, debris, oil or other matter that is deposited on a road at the crash site because of the vehicle crash is removed from the road.

Penalty: A fine of $5,000.

If there is a hazard on a road caused by the vehicle crash that is not dealt with by the towing worker, or by the towing of the vehicle, the towing worker must ensure that the responsible authority for the road is notified of the existence of the hazard as soon as practicable.

responsible authority, in relation to a road, means —

if the road is a main road — the Commissioner of Main Roads; or
otherwise — the local government of the local government district in which the road is located.

Penalty: A fine of $5,000.

Authority to tow must be obtained only by a tow truck driver present with a suitable tow truck

An individual must not obtain, or attempt to obtain, an authority to tow authorising the towing of a vehicle from a crash site if any of the following requirements are not satisfied;

(a)   the individual must be a towing worker who drives a tow truck (the suitable truck) that;
(i)   is of a tow truck class that is suitable to be used to tow the vehicle; and
(ii) is immediately available to be used to tow the vehicle;
(b)   the individual must be present at the crash site;
(c)   the suitable tow truck must be stopped at the crash site;
(d)   the tow truck to be used in towing the vehicle must be the suitable tow truck.

Attempting to obtain, or obtaining, an authority to tow in contravention of the Regulations anywhere in WA is an offence, with penalties of up to $12,000.

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