Welcome to issue 14 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 authorised officers’ powers in relation to vehicles and duties of persons to identify the driver or person in charge of a vehicle.
Powers in relation to vehicles
The Towing Services Act 2024 (the Act) provides authorised officers various powers in relations to vehicles. These powers can be exercised in relation to:
- a tow truck; or
- a vehicle that an authorised officer reasonably suspects is being, or has been used, to travel to a place for the purposes of obtaining, or attempting to obtain, an authority to tow a vehicle.
Stopping and detaining vehicles
An authorised officer has the power to stop and detain a vehicle for as long as is reasonably necessary to exercise any of their powers under the Act.
Directing individuals
Authorised officers can direct any person to alight from, or not to enter, a vehicle. They can also direct the driver, a person engaging in towing work using the vehicle, or any passenger to:
- state their name, residential address and date of birth;
- give any information that is required;
- answer questions put to them;
- produce a record that is in their possession or control; or
- produce their driver’s licence for inspection.
Inspect vehicle and equipment
Authorised officers have the authority to inspect a vehicle and any equipment in or on the vehicle. This includes:
- operating any thing that is in, or on, the vehicle; and
- taking photographs, videos or other recordings of the vehicle and any thing that is in or on the vehicle.
Copy documents or seize records
Authorised officers can make copies of, or take extracts from, any document or thing. They also have the power to seize records and retain them for as long as is necessary.
Direct individual to assist
Authorised officers can direct the driver, or person in possession of the vehicle, to give the authorised officer any assistance that the officer requires for the purpose of exercising the powers described above.
Duty to identify driver or person in charge of vehicle
The Act introduces obligations on the ‘responsible person’ for a vehicle to identify the driver, or person in charge of the vehicle, at the time of an alleged offence. This can be done face to face or in writing, and at the time of the incident or afterwards.
A ‘responsible person’ means:
- a person who is a person responsible for the vehicle under section 6 of the Road Traffic (Administration) Act 2008. This generally means the person whose name appears on the vehicle licence for that vehicle, which is not limited to individuals and includes companies, associations and other legal entities; and
- includes a person to whom possession or control of the vehicle was entrusted at the time of an alleged offence involving:
- the operation of a tow truck;
- or obtaining, or attempting to obtain, an authority to tow a vehicle from a crash site.
A responsible person for a vehicle commits an offence if an authorised officer asks them to identify the driver of a vehicle at the time an alleged offence was committed and the responsible person:
- has, or could have ascertained, the information and fails to give it to the authorised officer; or
- gives information to the authorised officer that the person knows to be false or misleading in response to the request.
Penalty: $5,000 (first offence) or $10,000 (subsequent offence) for an individual, and $45,000 for a body corporate
Duty to take reasonable measures to be able to comply with identity request
A responsible person for a vehicle must take reasonable measures, or make reasonable arrangements, to ensure that if an authorised officer asks them to identify the person who was driving, or in charge of a vehicle at any particular time, they are able to comply with the request.
Failure to do so is an offence.
Penalty: $5,000 (first offence) or $10,000 (subsequent offence) for an individual, and $45,000 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.
