Western Australia

Towing Services Act 2024

Western Australia

Towing Services Act 2024

Contents

Part 1 — Preliminary

1.Short title2

2.Commencement2

3.Objects of Act2

4.Terms used2

5.Towing of vehicles8

6.Vehicle crashes and crash towing8

7.Breakdown towing9

8.Regulated towing and regulated towing businesses10

9.Determination of whether persons are fit and proper10

10.Determination of whether grant or continuation of towing industry authorisation contrary to public interest11

11.Act binds Crown11

Part 4 — Fees and charges in relation to towing

68.Spotter fees prohibited12

Notes

Compilation table14

Uncommenced provisions table14

Defined terms

Western Australia

Towing Services Act 2024

An Act to —

·provide for the regulation of the towing industry; and

·make consequential amendments to various other Acts,

and for related purposes.

Part 1 — Preliminary

1.Short title

This is the Towing Services Act 2024.

2.Commencement

This Act comes into operation as follows —

(a)Part 1 — on the day on which this Act receives the Royal Assent (assent day);

(b)Part 4 (but only section 68) — on the day after assent day;

(c)the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3.Objects of Act

The objects of this Act are —

(a)to promote the safe, fair and efficient provision of services for regulated towing at a reasonable cost to consumers; and

(b)to improve and maintain the reputation of the towing industry.

4.Terms used

In this Act —

approved form means a form approved by the CEO and published on the Department’s website;

approved medical report means a report complying with the requirements of the regulations for a medical report;

Australian driver licence means —

(a)a driver’s licence; or

(b)a licence or other authorisation granted to a person under a law of another State or a Territory authorising the person to drive a motor vehicle on a road other than solely for the purpose of learning to drive a motor vehicle;

authorised officer has the meaning given in section 85(1);

authorised towing service provider means the holder of a towing business authorisation;

authorised towing worker means the holder of a towing worker authorisation;

authority to tow has the meaning given in section 40(1);

breakdown towing has the meaning given in section 7;

CEO means the chief executive officer of the Department;

close associate, in relation to an applicant for a towing business authorisation or an authorised towing service provider, has the meaning given in section 12;

Commissioner of Main Roads means the Commissioner of Main Roads appointed under the Main Roads Act 1930;

Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;

conviction includes a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded;

crash towing has the meaning given in section 6(2) and (3);

criminal record check means a document issued by the Police Force of Western Australia, the Australian Federal Police or another body or agency approved by the CEO that sets out, or summarises in a manner acceptable to the CEO, the convictions of a person for offences under a law of this State, the Commonwealth, another State or a Territory;

Department means the department of the Public Service principally assisting the Minister in the administration of this Act;

disqualification offence has the meaning given in section 150(4);

driver’s licence has the meaning given in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1);

engage in towing work means to do any of the following —

(a)operate a tow truck;

(b)load a vehicle onto a tow truck;

(c)tow a vehicle using a tow truck;

(d)assist or accompany any person in the execution of an act described in paragraph (a), (b) or (c);

infringement notice means a notice issued to a person under a written law —

(a)alleging the commission of an offence; and

(b)offering the person an opportunity, by paying an amount of money prescribed under the written law and specified in the notice, to have that matter dealt with out of court;

interstate towing worker authorisation means an authorisation issued under a law of another State or a Territory that —

(a)authorises a person to operate, or assist in the operation of, a tow truck; and

(b)meets any criteria prescribed by the regulations;

medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;

motor vehicle has the meaning given in the Road Traffic (Administration) Act 2008 section 4;

officer —

(a)in relation to a towing service provider that is a body corporate, has the same meaning as it has in relation to a corporation under the Corporations Act 2001 (Commonwealth) section 9AD; or

(b)in relation to any other towing service provider, means an individual who has the capacity to make decisions in relation to the operations of the towing service provider;

operate, in relation to a tow truck, includes to drive the tow truck and to operate any carrying, lifting or towing mechanism of the tow truck;

prescribed disqualification period, in relation to a disqualification offence, has the meaning given in section 151(3);

public entity means —

(a)an agency or a non‑SES organisation, as those terms are defined in the Public Sector Management Act 1994 section 3(1); or

(b)a body (whether incorporated or not), or the holder of an office, that is established or continued for a public purpose under a written law; or

(c)a local government, regional local government or regional subsidiary; or

(d)a person or body prescribed, or a person or body of a class prescribed, by the regulations;

public place means a place to which the public is permitted, whether on payment of a fee or otherwise, to have access;

regulated towing has the meaning given in section 8(1);

regulated towing business has the meaning given in section 8(2);

relevant person, for a vehicle, means —

(a)a person who is entitled to the immediate possession of the vehicle; or

(b)the driver of the vehicle;

responsible officer, in relation to an authorised towing service provider, means —

(a)an individual nominated by the towing service provider in the application for the towing business authorisation under section 17(4)(c) and whose nomination has not ceased under the regulations; or

(b)an individual who has been nominated to represent the authorised towing service provider in conducting the regulated towing business, and whose nomination has been accepted and has not ceased, under the regulations;

road has the meaning given in the Road Traffic (Administration) Act 2008 section 4;

safety standards means standards prescribed by regulations under Part 8 Division 2;

scene, in relation to a vehicle crash, means a place referred to in section 6(2)(a), (b), (c) or (d);

storage charge means any charge imposed on a relevant person for a vehicle for or in relation to any of the following —

(a)the storage, release or viewing of the vehicle after it has been towed;

(b)access to the vehicle after it has been towed;

(c)access to personal property that is or was in the vehicle after it has been towed;

storage yard —

(a)means premises used, or intended to be used, to store vehicles that have been towed; but

(b)does not include premises of a class prescribed by the regulations;

Territory means an internal Territory as defined in the Acts Interpretation Act 1901 (Commonwealth) section 2B;

tow, in relation to a vehicle, has the meaning given in section 5;

towing business means a business of providing a service of towing vehicles within the State;

towing business authorisation means an authorisation under Part 2 to conduct a regulated towing business;

towing charge —

(a)means any charge imposed on a relevant person for a vehicle for or in relation to towing the vehicle, including, without limitation, a charge for any of the following —

(i)loading the vehicle onto a tow truck;

(ii)towing the vehicle;

(iii)unloading the vehicle from a tow truck;

but

(b)does not include a storage charge;

towing industry authorisation means —

(a)a towing business authorisation; or

(b)a towing worker authorisation;

towing service provider means a person who conducts a towing business;

towing worker means an individual who engages in towing work;

towing worker authorisation means an authorisation under Part 3 to engage in towing work for the purposes of a regulated towing business;

towing worker authorisation document means a document issued under section 48;

tow truck —

(a)means a motor vehicle used, or intended to be used, to tow a vehicle; but

(b)does not include a vehicle of a class prescribed by the regulations;

traffic record check means a document issued by the Police Force of Western Australia or another body or agency approved by the CEO that sets out, or summarises in a manner acceptable to the CEO, either or both of the following —

(a)the convictions of an individual for driving‑related offences under a law of this State, another State or a Territory;

(b)each of the following —

(i)the infringement notices issued to an individual for alleged driving‑related offences under a law of this State;

(ii)the notices of an equivalent kind to those described in subparagraph (i) issued to an individual for alleged driving‑related offences under a law of another State or a Territory;

vehicle —

(a)has the meaning given in the Road Traffic (Administration) Act 2008 section 4; but

(b)does not include any thing of a class prescribed by the regulations;

vehicle crash has the meaning given in section 6(1).

5.Towing of vehicles

In this Act —

tow, in relation to a vehicle —

(a)includes to do any of the following —

(i)carry the vehicle;

(ii)lift and tow the vehicle;

(iii)lift and carry the vehicle;

(iv)lift the vehicle for the purpose of towing it;

but

(b)does not include to do an act of a class prescribed by the regulations.

6.Vehicle crashes and crash towing

(1)A vehicle crash is a collision or impact that —

(a)results in damage to a vehicle; and

(b)occurs —

(i)on a road or in a public place; or

(ii)in a place other than on a road or in a public place if, immediately before the collision or impact, a vehicle involved in the collision or impact was on a road or in a public place.

(2)Crash towing is the towing of a vehicle that has been involved in a vehicle crash from —

(a)the place where the collision or impact occurred; or

(b)a place within a 2 km radius of the place where the collision or impact occurred; or

(c)a place to which the vehicle has been moved —

(i)by or with the authority of a public entity or a person employed in, or engaged for the purposes of, a public entity; and

(ii)for the purpose of preventing or minimising any harm, risk, hazard or obstruction caused by the vehicle;

or

(d)a place within a 2 km radius of a place referred to in paragraph (c).

(3)Despite subsection (2), crash towing does not include towing of a class prescribed by the regulations.

7.Breakdown towing

Breakdown towing —

(a)is the towing of a vehicle that is broken down, bogged or stranded on a road or in a public place; but

(b)does not include towing of a class prescribed by the regulations.

8.Regulated towing and regulated towing businesses

(1)Regulated towing —

(a)means crash towing; and

(b)if the regulations so provide, includes breakdown towing; but

(c)does not include any towing to which the Road Traffic Act 1974 Part 6A Division 3 applies under section 96 of that Act.

(2)A towing business is a regulated towing business to the extent that it provides a service of regulated towing.

(3)Subsection (2) applies to a service of regulated towing even if the service is provided to or on behalf of a public entity in relation to the performance of that entity’s functions under a written law.

9.Determination of whether persons are fit and proper

(1)This section applies to a determination for the purposes of this Act of whether a person is a fit and proper person to do any of the following —

(a)conduct a regulated towing business;

(b)represent a towing service provider in the conduct of a regulated towing business;

(c)engage in towing work for the purposes of a regulated towing business.

(2)Without limitation, a person is not a fit and proper person unless the person is of good repute, having regard to the person’s character, honesty and integrity.

(3)In the case of a determination of whether an applicant for a towing business authorisation, or an authorised towing service provider, is a fit and proper person to conduct a regulated towing business, the person is also not a fit and proper person if any close associate of the person is not of good repute, having regard to the close associate’s character, honesty and integrity.

(4)In determining whether a person is a fit and proper person the CEO may have regard to —

(a)any matters the CEO considers relevant; and

(b)any matters prescribed by the regulations.

(5)Without limiting subsection (4), in determining whether an applicant for a towing worker authorisation, or an authorised towing worker, is a fit and proper person to engage in towing work for the purposes of a regulated towing business, the matters to which the CEO may have regard include —

(a)the physical and mental fitness of the person; and

(b)any approved medical report on the person required by the regulations; and

(c)any other relevant matters.

10.Determination of whether grant or continuation of towing industry authorisation contrary to public interest

A determination for the purposes of this Act of whether the grant, or continuation in force, of a towing industry authorisation is contrary to the public interest must be made having regard to the need for the creation and maintenance of public confidence and trust in the credibility and integrity of the towing industry.

11.Act binds Crown

This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

[Parts 2 and 3 have not come into operation.]

Part 4 — Fees and charges in relation to towing

68.Spotter fees prohibited

(1)In this section —

crash or breakdown information means information in relation to —

(a)the occurrence of a vehicle crash or breakdown; or

(b)the presence of a vehicle that —

(i)has been involved in a vehicle crash; or

(ii)has broken down or become bogged or stranded;

towing procurement purpose means the purpose of —

(a)obtaining work for a towing business; or

(b)enabling another person to obtain work for a towing business;

valuable thing —

(a)includes the following —

(i)any money, bonus, commission, deduction, discount, rebate, remission or other valuable consideration;

(ii)any payment in excess of the actual value of any goods or service;

(iii)any forbearance to demand any money or money’s worth;

(iv)employment, or an agreement to give employment, in any capacity;

but

(b)does not include —

(i)charges imposed in accordance with this Act; or

(ii)any remuneration given by a towing service provider to a towing worker in relation to the towing worker’s duties for the purposes of a towing business.

(2)A person must not, for a towing procurement purpose, give or receive, or offer to give or receive, any valuable thing in consideration of the provision of crash or breakdown information.

Penalty for this subsection:

(a)for an individual, a fine of $9 000;

(b)for a body corporate, a fine of $45 000.

[69.Has not come into operation.]

[Parts 5-11 have not come into operation.]

Notes

This is a compilation of the Towing Services Act 2024. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title	Number and year	Assent	Commencement
Towing Services Act 2024 Pt. 1 and 4 (but only s. 68)	37 of 2024	29 Oct 2024	Pt. 1: 29 Oct 2024 (see s. 2(a)); Pt. 4 (but only s. 68): 30 Oct 2024 (see s. 2(b))

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title	Number and year	Assent	Commencement
Towing Services Act 2024 (other than Pt. 1 and s. 68)	37 of 2024	29 Oct 2024	To be proclaimed (see s. 2(c))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

approved form4

approved medical report4

assent day2

Australian driver licence4

authorised officer4

authorised towing service provider4

authorised towing worker4

authority to tow4

breakdown towing4

Breakdown towing7

CEO4

close associate4

Commissioner of Main Roads4

Commissioner of Police4

conviction4

crash or breakdown information68(1)

crash towing4, 6(3)

Crash towing6(2)

criminal record check4

Department4

disqualification offence4

driver’s licence4

engage in towing work4

infringement notice4

interstate towing worker authorisation4

medical practitioner4

motor vehicle4

officer4

operate4

prescribed disqualification period4

public entity4

public place4

regulated towing4

Regulated towing8(1)

regulated towing business4, 8(2)

relevant person4

responsible officer4

road4

safety standards4

scene4

storage charge4

storage yard4

Territory4

tow4, 5

towing business4

towing business authorisation4

towing charge4

towing industry authorisation4

towing procurement purpose68(1)

towing service provider4

towing worker4

towing worker authorisation4

towing worker authorisation document4

tow truck4

traffic record check4

valuable thing68(1)

vehicle4

vehicle crash4, 6(1)

© State of Western Australia 2024.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2024.

By Authority: GEOFF O. LAWN, Government Printer