Welcome to this special edition of Crash Towing Industry News, which references Towing Services Act 2024 (the Act) and Towing Services Regulations 2025 (the Regulations).

Since new requirements for crash towing were implemented on 10 January 2025, the Department of Transport (DoT) has received several complaints on various issues including:

• stored vehicles not being released in the manner required;
• incorrect invoicing practices; and 
• not accepting presentation of a payment record as evidence of a direct transfer payment. 

We have compiled FAQs of some common questions or complaints we have received to date.

It also provides further details on the role of DoT authorised officers and their regulatory enforcement options. The following information should not be used as legal advice and is provided as guidance only.

When do I need to release a stored vehicle?

A vehicle must be made available for collection no later than 4 hours after payment of towing and storage charges.

Remember: the 4 hours’ time limit is counted within standard business hours of 9am to 5 pm on business days. 

Citation: Towing Services Act 2024, section 15.

Where should I leave a vehicle ready to be picked up?

When a vehicle is released, it must be left in an accessible position near an entrance to the storage yard. Accessible means easy to access or attain, near means at or within a short distance, and entrance is a point or place of entering. 

We understand that some towing businesses are concerned about their work health and safety responsibilities when allowing people to collect a vehicle within their storage yard. This has resulted in the refusal of entry to collect a vehicle without providing various insurances or completion of a monthly safety induction (at a cost). The Regulations to do not stipulate whether the vehicle is to be released inside or outside of the yard, just that it is left in an accessible position near an entrance to the storage yard.

We do not expect any workplace health and safety procedures to be waived which is why the Regulations refer to making the vehicle accessible. A common-sense approach to this may be that the vehicle is available for collection in a safe place on the verge or road directly outside of your storage yard, or it can be in a visitor safe location within your property (eg, visitors parking). However, you should communicate with the authorised person collecting the vehicle on how to obtain the vehicle.

Additional costs cannot be charged for not meeting the requirement to release the vehicle in an accessible position near an entrance to the storage yard, such as towing the vehicle to a nearby location to be released.

Citation: Towing Services Regulations 2025, regulation 10.

Is our business required to protect a vehicle once it is released?

No, once payment has been made and the vehicle has been released, your obligation to ensure the vehicle is not damaged will cease. 

You must however ensure that a towed vehicle is protected from damage during any of the following: 

• the loading of the vehicle onto a tow truck;
• the towing of the vehicle;
• the unloading of the vehicle onto a tow truck;
• any storage of the vehicle in a storage yard following towing.

Citation: Towing Services Regulations 2025, regulation 5.

Can I charge GST on the maximum charges?

No, the maximum charges in the Regulations include GST. Therefore, you cannot charge GST on top of these charges.

Citation: Towing Services Regulations 2025, regulation 49(4)

I've been paid by bank transfer. When does the 4 hour release start?

If you accept bank transfer as a method of payment, you must release the vehicle within 4 hours of receiving payment record. The funds do not need to be received and reconciled in your accounts before releasing the vehicle.

If you do not wish to follow this process, you have alternative payment methods available which allow for instant payments. 

• Cash
• Electronic funds transfer at point of sale (EFTPOS)
• Online credit or debit card payments
• Electronic bill payment system

Citation: Towing Services Regulations 2025, regulation 59(7).

What happens if I've been reported?

If you have been reported for potentially breaching any of these laws, our authorised officers may investigate the claims. An investigation may include, but are not limited to:

• Entering into premises in line with legislative powers
  • With consent at any time
  • Without consent at a business during usual operating hours
  • Under an entry warrant
• Audits of business records
  • Originals seized or extracts/copies made
• Notice or order to produce required materials or any other relevant material under the Act or the Regulations, such as:
  • Authority to Tow 
  • Dash cam footage
  • Complaints process
• Vehicle compliance checks 
• Requirements placed on responsible persons to identify driver or person in charge of vehicle.

An investigation may conclude with one or more of the following actions:

• No action
• Education by way of clarification (where reasonable)
• Caution 
• Infringement 
• Improvement Notice 
• Prosecution

Citation: Towing Services Act 2024, Part 6.

What happens if I receive an improvement notice?

Following from an investigation, we may issue you with an improvement notice which outlines a timeframe for remedy of an unsatisfactory situation. During this timeframe, you may not be able to engage and conduct towing work.

An authorised officer may extend the compliance period, amend, or revoke an improvement notice, provided the original compliance period has not expired.

If your improvement notice relates to your towing vehicle, a sticker will be applied to the vehicle indicating the notice. You must not remove, or cause for it being removed, until our authorised officer has given you a written notice stating that we are satisfied you have complied with the improvement notice.

Citation: Towing Services Regulations 2025, Part 6, Division 6.

How complying with the laws may impact your business for the future

Stage 2 and 3 of the towing reform will include authorised DoT authorising towing businesses and their workers. Without authorisation your towing business and workers cannot operate.

The Act outlines how DoT will evaluate authorisations and we will consider factors such as good repute and the public interest.

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.