Capped fees and maximum charges for crash towing

New regulations will cap the amount that can be charged for towing a light vehicle from the scene of a crash in the Perth and Peel regions. Maximum daily storage charges are also being set. 

Maximum towing charges may be set for other regional areas or heavy vehicle crash towing at a later date, if there is evidence that consumers are being charged excessive fees for crash towing and storage.

The maximum charges for towing a light vehicle that is involved in a crash that occurs in the Perth and Peel regions will be:

Light vehicle tow charge:  

A light vehicle tow charge is the maximum charge that can be applied for towing a crashed light vehicle in the Perth and Peel regions and includes:

• the first 50km of travel from the crash scene to the destination nominated by the owner/driver of the vehicle and stated on the authority to tow;
• preparing, loading, transport and unloading of the crash vehicle; 
• removing debris from the crash site; and
• photographs, telephone calls and completing relevant documentation.

Distance fee

If the distance to tow a crashed vehicle to the destination nominated by the owner/driver of the vehicle and stated on the authority to tow form is more than 50 kilometres from the crash scene, the extra distance is charged at $4.40 per kilometre.

After hours surcharge

A one-off after hours surcharge of $138 can be applied when towing is undertaken outside of business hours. This is a one-off charge and is not an hourly rate. 

After business hours is defined as:

• 5pm to 8am Monday to Friday 
• 5pm Friday to 8am Monday (all weekend)
• Public holidays (midnight to midnight).

An after hours surcharge can be applied if the time that an authority to tow is signed by the owner/driver is considered after business hours as defined above. 

Additional charges

There cannot be any additional charges for the towing of a vehicle from the scene of a crash in Perth and Peel beyond those set out here. 

Offences and penalties

Charging more than the set maximum charges for the towing of crashed light vehicles in the Perth and Peel regions will be an offence, with penalties of up to $12,000 for individuals and $60,000 for bodies corporate. 

New regulations will set the following maximum daily storage charges for crashed vehicles in the Perth and Peel regions:

Charging extra fees for crash storage will be prohibited. The one-off administrative fee can be added to the regulated daily storage charges when a vehicle is released. This fee covers all requests and expenses incurred while a vehicle is stored in the yard. This could include but is not limited to allowing the owner or owners agent access to the vehicle within business hours, moving the vehicle within the storage yard or to another storage yard owned/operated by a towing service provider.

The Perth and Peel regions are defined in the Planning and Development Act 2005.

The table below outlines where maximum towing and storage charges apply in Western Australia.

Offences and penalties 

Charging more than the set maximum charges for the storage of crashed light vehicles in the Perth and Peel regions will be an offence, with penalties of up to $12,000 for individuals and $60,000 for bodies corporate. 

New regulations will require towing workers and towing service providers to apply reasonable charges for towing crashed heavy vehicles anywhere in Western Australia and crashed light vehicles outside of Perth and Peel.

The following could be considered when determining a reasonable charge:

• Day of the week – extra charges may apply on public holidays and weekends.
• Time of day – extra charges may apply after hours.
• Distances travelled – this is particularly relevant in regional and remote areas.
• Any administration costs to provide the service. 
• The amounts charged by the towing service provider or other providers in the same geographic region in respect of comparable services.

Penalties and offences

It will be an offence to make unreasonable charges for:

• light vehicle crash towing outside the Perth or Peel regions; and
• heavy vehicle crash towing across Western Australia.

Penalties will include fines of up to $12,000 for individuals and $60,000 for bodies corporate. 

New regulations will require reasonable charges for the recovery of crashed vehicles in difficult to access areas across Western Australia, such as in rivers, culverts or wedged inside buildings. Maximum charges cannot apply in these situations due to additional specialist staff and/or towing equipment required to carry out the recovery.

The following elements can be considered when determining whether a charge is reasonable:

• The condition and the location of the vehicle,
• Equipment required to undertake the recovery or loading, such as specialist equipment or vehicles required for some tows, and 
• Additional personnel required.

Towing service providers and towing workers must ensure the vehicle owner or driver has agreed to the recovery costs when signing the authority to tow document.

• Provide evidence to demonstrate that it was a case of vehicle recovery.  This includes:
  • listing all additional staff and equipment in the invoice; and
  • photographing the damage to the vehicle and its position prior to loading.

In the Perth and Peel regions, the maximum charges for the towing, unloading and storage of the crashed vehicle apply, including additional per kilometre charges and after-hours charges. 

Offences and penalties  

Unreasonable charges for recovery will be an offence, with penalties of up to $12,000 for individuals and $60,000 for bodies corporate.