Towing from Private Parking areas

Wheel clamping as a parking control measure is banned in Western Australia. This section outlines the regulation of the towing of vehicles from private property only and does not refer to crash or break down towing.

Wheel clamping

Wheel clamping as a private parking control measure is banned in Western Australia. Wheel clamping refers to all means of vehicle immobilisation, including wheel boots and other devices such as Barnacles, which attach to a vehicle’s windscreen.

As a parking control measure, vehicles that are parked without authorisation on private parking can be removed by the parking owners having them towed. However, there are strict requirements hedging this towing.

  Drivers - Parking on private property

Drivers do not have a general right to park on private property.  If a vehicle is parked in a place that is not authorised to park, or do not comply with the parking terms and conditions in a private property parking area, the vehicle may be towed.

It is important not to assume it is ok to park somewhere just because the business premises are vacant, it’s outside business hours, the car won’t be parked in the spot for very long, there are plenty of vacant spaces, the area has been used for parking before, or simply because other vehicles are parked there.

The driver is responsible for determining if they are parking legally and/or complying with the parking terms and conditions of a private property.

Please read the Parking on Private Property fact sheet below for more information. 

  Private property owner-occupiers

It is important for the owner or occupier of a private property to understand their obligations in relation to the towing of vehicles from private property they own or occupy.

Part 6A of the Road Traffic Act 1974 and the Road Traffic (Towing of Vehicles) Regulations 2020 prescribe the requirements and obligations of all parties involved in the towing of and storage of vehicles from private property, including penalties for failure to comply.

Please read the Private Property Owner-Occupier fact sheet below for more information.

  Towing service providers

It is important that towing service providers understand their obligations in relation to the towing of vehicles from private property.

Part 6A of the Road Traffic Act 1974 and the Road Traffic (Towing of Vehicles) Regulations 2020 prescribe the requirements and obligations of all parties involved in the towing and storage of vehicles from private property, including penalties for failure to comply.

Please read the Towing Service Provider and Tow Truck Driver fact sheets below for more information.

  Tow truck drivers

It is important that tow truck drivers understand their obligations in relation to the towing of vehicles from private property.

Part 6A of the Road Traffic Act 1974 and the Road Traffic (Towing of Vehicles) Regulations 2020 prescribe the requirements and obligations of all parties involved in the towing and storage of vehicles from private property, including penalties for failure to comply. 

Please read the Tow Truck Driver fact sheet below for more information.

  Storage yards

It is important that a person in charge of a storage yard understands their obligations in relation to the storage of vehicles towed from private property.

Part 6A of the Road Traffic Act 1974 and the Road Traffic (Towing of Vehicles) Regulations 2020 prescribe the requirements and obligations of all parties involved in the towing and storage of vehicles from private property, including penalties for failure to comply.

Please read the Storage Yard fact sheet below for more information.
 

Page last updated: Wed Aug 7 2024 3:19:40 PM