Welcome to Issue 27 of Crash Towing Industry News.
Guidance on Evidence of Payment under Regulation 59(7)
Understanding evidence of payment requirements under the Towing Services Regulations 2025
The Department of Transport and Major Infrastructure (DTMI) has received enquiries regarding the interpretation of Regulation 59(7) of the Towing Services Regulations 2025 (the Regulations).
Regulation 59(7) states that a towing service provider must not allow payment of towing and storage charges by direct transfer to a nominated account unless the towing service provider accepts the production of a payment record as evidence that the charges have been paid, for the purpose of releasing the vehicle from storage, without requiring the funds to have cleared.
A simple reading of the regulation is that a payment record is evidence that payment has been made; not evidence of an intention to pay or confirmation that payment has merely been initiated by the payer.
Some examples of payment records would be a PDF or screenshot from online banking showing the transfer status, payer/payee details, date and amount, or a digital or printed receipt.
Despite this, it is important to note that it is open to each towing business to accept any form of evidence that they would otherwise accept in the course of running their business.
The role of DTMI is to administer and oversee the regulatory framework and DTMI does not mediate commercial or payment disputes between business partners.
The information provided above is intended for general guidance only and does not constitute legal advice. Towing service providers should consider their own circumstances and seek independent legal advice where required.
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