Conduct and obligations for crash towing

Regulations due to commence in early-mid January will introduce new requirements when seeking the authority to tow a vehicle from a crash scene. The current tow truck driver’s statement will also be replaced with new Authority to Tow forms. 

New Authority to Tow forms

Once the Regulations commence a towing worker must use the new Authority to Tow forms at any time a vehicle is towed from a crash scene.  Failure to do so is an offence and may result in a penalty. 

Towing service providers must ensure that each towing worker is provided with approved Authority to Tow forms to enable them to comply with their obligations.

Authority to Tow forms will be provided free of charge by the Department of Transport (DoT) to towing service providers who undertake crash towing as the new towing industry reforms are being introduced.  

In the long term, towing service providers may need to pay for these forms or arrange printing of the approved form. This is yet to be determined but DoT will ensure industry is aware of any changes in obtaining these forms.   

Authority to Tow forms can be ordered by completing the form below. 

Who can authorise the towing of a vehicle from a crash scene? 

A towing worker must not tow, or attempt to tow, a vehicle from a crash scene unless the towing has been authorised by:

• the vehicle owner/driver who has signed an Authority to Tow form; or
• a police officer if the vehicle owner/driver is not present or is physically or mentally incapable of giving an authority to tow the vehicle; or
• authorised Main Roads staff if the towing is necessary to prevent or minimise a hazard or obstruction.

Towing worker must make and distribute copies of Authority to Tow forms

Regulations will require that towing workers complete an Authority to Tow form in quadruplicate, with each copy showing the signatures of the towing worker and person who authorised the tow. The different pages of the form are to being given or retained as follows:

• White copy – driver/owner copy
• Pink copy – towing worker copy
• Yellow Copy – retained with crashed vehicle
• Green copy – towing service provider copy. 

The towing service provider and towing worker must keep their copies of the form for two years. 

The Authority to Tow form is not an invoice. A towing service provider will be required to issue an invoice that sets out the amount of the charges payable and details of the payment methods by which the charges can be paid. 

Requirements for completion and signing of Authority to Tow forms

All fields on the form marked as ‘mandatory’ must be accurate and completed in full. Failure to do so is an offence and may result in a penalty. 

The vehicle owner or driver should understand the cost and conditions before signing an Authority to Tow form. 

To promote a safe, fair and efficient crash towing industry the following requirements must be met: 

• The towing worker must complete the form, stating the cost of towing and storage, before the person authorising the tow signs it. 
• The form must state the destination to which the vehicle is to be towed.
• A towing worker cannot use intimidation, force, threats, offensive behaviour or persistent soliciting to get an authority to tow form signed. 
• A towing worker cannot obtain an authority to tow by fraudulent behaviour, including holding out an association with a public entity, insurance company or roadside assistance provider (for example, pretending to represent a Main Roads or the RAC).
• A towing worker cannot solicit for an Authority to Tow form to be signed while the vehicle owner or driver is receiving first aid or medical care. 
• An Authority to Tow form cannot be altered once completed. 

A signed Authority to Tow form must include all details relating to the tow as set out in Regulations including, but not limited to:  

• the day and time when the form is signed by person authorising the tow, and the towing worker; 
• the address/location from which the vehicle is authorised to be towed;
• the address/location of the place to which the vehicle is authorised to be towed to;
• information about the towing service provider;
• information about the tow truck to be used in towing the vehicle;
• information about the vehicle to be towed;
• details of the tow truck driver; 
• details and justification for vehicle recovery (where applicable); and
• information about the towing and storage charges payable.

Other authority to tow requirements 

An owner/driver has the right to choose who tows their vehicle from the scene of a crash, and the destination where it is to be towed to.

A towing worker cannot obtain the authority to tow a vehicle from a crash scene unless:

• they are the driver of a WA licensed tow truck of an approved class; and
• the tow truck is present at the crash scene and immediately available to tow the crashed vehicle.

A towing worker cannot obtain the authority to tow a vehicle from a crash scene by:

• fraudulent behaviour; or
• pretending to be associated with a public entity, insurance company or roadside assistance provider such as Main Roads or the RAC.

A towing worker cannot:

• not use force or threats, or engage in behaviour that could reasonably be expected to intimidate another person, in obtaining or attempting to obtain an authority to tow; 
• hinder or obstruct other towing workers who are seeking the authority to tow a vehicle; 
• offer vehicle repair or car hire services while seeking the authority to tow a vehicle; or
• display on their tow truck or clothing the name or logo of: 
  • a public entity (such as Main Roads);
  • an insurance company;
  • a roadside assistance provider; or 
  • a vehicle repair or vehicle hire service.

The new towing industry regulation has been established to address issues with the crash towing industry, including complaints about difficulties in contacting towing service providers and in resolving consumer complaints. The new regime requires towing service providers to establish consumer complaints resolution processes.

Complaints resolution process

Towing service providers must provide a written procedure that allows for:

• a simple process for customers or other persons to make a complaint in a crash towing related matter; and
• complaints to be investigated and resolved within a reasonable period in the circumstances. 

The written complaints procedures must be accessible by anyone who wishes to make a complaint.

Penalty: $12,000 for an individual; and $60,000 for a body corporate.

Record keeping requirements

The towing service provider must keep records of each crash towing related complaint and the resolution.

The records of the complaint must be kept for at least two years from the day on which the complaint is made.

Penalty: $12,000 for an individual; and $60,000 for a body corporate.
 

The Towing Services Act 2024 will create a safe, fair and efficient crash towing industry for Western Australia. One element is to empower Department of Transport (DoT) authorised officers to enforce existing laws that have been replicated in the new towing legislation. 

There have been complaints about unconscionable and disorderly behaviour at crash sites, and DoT authorised officers have been given powers to take actions to promote a safe, fair and efficient crash towing industry. 

Disorderly conduct at crash sites

A towing worker engaging in crash towing work must not use insulting, offensive or threatening language or behave in an insulting, offensive or threatening manner:

• at a crash site; or 
• in a public place or in the sight or hearing of any person who is at a crash site or in a public place; or
• to an authorised officer exercising their duties or a person assisting an authorised officer in the exercise of their duties.

Penalty: $12,000 fine.

Obstruction

• A towing worker must not engage in conduct that hinders or obstructs a person or vehicle from arriving at, or leaving, a crash site.
• A towing worker must not stop a tow truck at a crash site for the purpose of hindering or obstructing the loading of a vehicle onto another tow truck.
• A towing worker must not hinder or obstruct the delivery of first aid or medical care to any person at a crash site.
• A towing worker in relation to a regulated towing business must not hinder or obstruct an emergency worker in the performance of the emergency worker’s functions at a crash site.

Penalty: $9,000 fine.

These measures aim to maintain order and professionalism at crash sites, ensuring a safe and respectful workplace environment for everyone involved and preventing disruptive behaviour by towing workers.

The Towing Services Act 2024 will create a safe, fair and efficient crash towing industry for Western Australia. One element is to empower Department of Transport (DoT) authorised officers to enforce existing road laws that have been replicated in the new towing legislation. 

DoT authorised officers will impose penalties on any towing workers or towing service providers found in violation of the following road rules in a bid to reduce the road safety risk to the community when a tow truck is travelling to or is at a crash scene.

Emergency stopping lanes 

Restrictions: Tow truck drivers cannot drive or stop in an emergency lane EXCEPT when:

• avoiding a collision,  
• stopping due to an emergency or break down; or 
• loading a vehicle onto a tow truck. 

Stopping in the emergency lane or on land beside a road contributes to traffic congestion and poses serious road safety risks to towing workers and other motorists. Driving in the emergency lane is dangerous and has been associated with serious crashes. Stopping in the emergency lane or on land beside a road contributes to traffic congestion and poses serious road safety risks.

Crossing median strips

Restrictions: Tow truck drivers must not drive a tow truck on or over a median strip, traffic island or painted island UNLESS it is to:

• enter or leave the carriageway; or 
• avoid an obstruction; or
• enter a turning lane that begins immediately after the painted island; or 
• keep a safe distance while overtaking.

Stopping on carriageways

Restrictions: Tow truck drivers must not stop a tow truck on or near a carriageway in contravention of the Road Traffic Code 2000 Part 12.  This includes, but is not limited to, stopping:

• on a length of carriageway, or in an area, to which a ‘no stopping’ sign applies,
• on a length of carriageway or in an area to which a ‘no parking’ sign applies, 
• at the side of a carriageway marked with a continuous yellow edge line,
• so that any portion of the tow truck is in an intersection, or within 20 metres of an intersection with traffic-control signals,
• on or near children’s crossing or pedestrian crossing,  
• on a marked foot crossing that is not at an intersection,
• at or near bicycle crossing lights; 
• on or near a level crossing,  
• on a length of carriageway to which a ‘clearway’ sign applies, 
• on a freeway, 
• in an emergency stopping bay, an emergency stopping lane or a red X lane,
• in a loading zone,
• in a truck zone,
• in a works zone,
• in a taxi zone or bus zone, 
• in a mail zone, 
• in a bus lane, transit lane, truck lane or bicycle lane,
• in a shared zone,
• so that any portion of the tow truck is between any other stopped vehicle and the centre of a carriageway, 
• on a bridge, causeway, ramp or similar structure, 
• in a tunnel or underpass, 
• on, or partly on, a carriageway, in any position where it is not visible to the driver of an overtaking vehicle, from a distance of 50m, within a built-up area, and from a distance of 150m, outside a built-up area, 
• so that any portion of the tow truck is within 1m of a fire hydrant or fire plug or of any sign or mark indicating the existence of a fire hydrant or fire plug, 
• so that any portion of the tow truck is within 20m of the approach side of a bus stop, or within 10 m of the departure side of a bus stop, 
• so that any portion of the tow truck is on a path, dividing strip, painted island, or a nature strip adjacent to a length of carriageway in a built-up area, 
• so that any portion of the tow truck is in front of a path, in a position that obstructs access by vehicles or pedestrians to or from that path, 
• so that any portion of the tow truck is within 3 m of a public letter box, 
• on a length of carriageway to which a ‘bicycle parking’ or ‘motor cycle parking’ sign applies; or
• in a parking area for people with disabilities. 

The road rules on stopping or parking apply UNLESS:

• the tow truck driver is engaged in loading, or connecting to a vehicle; and 
• is unable to comply with the provision; and 
• the tow truck is displaying a yellow flashing light; and 
• the tow truck driver is acting safely. 

If a tow truck driver violates any of these road rules, it will be an offence with a fine of up to $9,000. 

It is now an offence to advertise or to pay spotter fees (or give other benefits or advantages that may not be monetary), in exchange for information as to the occurrence of a crash or breakdown or details of a vehicle that has been involved in a crash or has broken down. 

It is also an offence for a person to receive such payments or incentives. 

Penalties of up to $45,000 (body corporate) or $9,000 (individuals) apply.