Welcome to issue 18 of Crash Towing Industry News.
Our regular newsletters provide important updates about the crash towing industry reforms including legislative changes that may affect how you operate.
On 10 January 2025, new requirements for crash towing came into effect. This newsletter seeks to assist industry in understanding obligations under the Towing Services Regulations 2025 (the Regulations).
The Regulations place a duty of care on towing workers and towing service providers to ensure that a vehicle towed from a crash site is not damaged, and to safely and securely keep property found in a towed vehicle or associated with the towed vehicle (such as a detachable awning attached to a vehicle).
Protect vehicles from damage or further damage
The Regulations require that towing workers and towing service providers ensure that vehicles are protected from damage or further damage.
Towing worker obligations
A towing worker must take reasonable steps to ensure that a crashed vehicle is not damaged, or further damaged, during:
- the loading of the vehicle onto a tow truck; or
- the towing of the vehicle; or
- the unloading of the vehicle from a tow truck.
Penalty: $5,000 for an individual
Obligations on towing service providers
A towing service provider must take reasonable steps to ensure that a crashed vehicle is not damaged, or further damaged, during any of the following:
- the loading of the vehicle onto a tow truck;
- the towing of the vehicle;
- the unloading of the vehicle from a tow truck; or
- any storage of the vehicle in a storage yard following the towing.
Penalty: $5,000 for an individual, and $25,000 for a body corporate
Ensure personal property is secured
The Regulations require that towing workers and towing service providers ensure personal property is secured and protected from loss or damage.
Obligations on towing workers
A towing worker must take reasonable steps to ensure that personal property that is in, or attached to, a crashed vehicle is:
- kept secure; and
- protected from being lost, stolen or damaged.
Penalty: $5 000 for an individual
Obligations on towing service providers
A towing service provider must take reasonable steps to ensure that any personal property that is in, or attached to, a crashed vehicle is kept secure, and protected from being lost, stolen or damaged, during any of the following:
- the loading of the vehicle onto a tow truck;
- the towing of the vehicle;
- the unloading of the vehicle from a tow truck; or
- any storage of the vehicle in a storage yard following the towing.
Penalty: $5,000 for an individual, and $25,000 for a body corporate
Photographs of vehicle
Towing workers must take photographs of a crashed vehicle before it is handled or loaded onto a tow truck. This requirement provides protection to vehicle owners, towing workers and towing service providers, as it makes clear what vehicle damage was caused by the crash and what might have occurred during loading, unloading, towing or storage.
Obligations on towing workers
A towing worker who tows a vehicle from a crash site must ensure that the following photographs are taken of the vehicle:
- photographs showing the condition of the vehicle before it is handled by a towing worker for the purposes of being towed or loaded onto a tow truck.
- photographs showing the condition of the vehicle after it is unloaded from a tow truck at the place to which it is towed.
Penalty: $5,000
A towing worker must ensure that the photographs taken are provided to the towing service provider as soon as practicable but in any event within 48 hours after the photographs are taken.
If a towing worker is also the towing service provider, the towing worker is required to retain the photograph in their capacity as a towing service provider.
Penalty: $5,000
Obligations on towing service providers
A towing service provider must:
- take reasonable steps to ensure that a relevant towing worker takes, and provides to the towing service provider, the photographs required to be taken by a towing worker before and after towing a vehicle from a crash site;
- record and keep each photograph provided to the towing service provider by a towing worker; and
- keep each photograph for at least 2 years after the day on which the photograph was taken.
Penalty: $5,000 for an individual, and $25,000 for a body corporate
Join us at an industry information session
DoT has conducted several information sessions to support the commencement of the Towing Services Act 2024, its supporting regulations, and associated activities.
Future information sessions will be based on industry demand. To express your interest in attending a future session in Perth, Peel, regional areas or online, please register your interest by completing the form below
Contact us
If you are unable to locate the information you require on our website, please submit your enquiry below or contact us on (08) 9320 4111 between 8 am to 4.30 pm weekdays.
