This page outlines intended regulatory settings for towing business authorisations. Exact requirements, timelines, fees and offences are subject to change pending finalisation of regulations and supporting systems.
The Towing Services Act 2024 (the Act) makes provision for the authorisation of crash towing businesses in Western Australia, and the Department of Transport and Major Infrastructure (DTMI) is working to introduce authorisations for these towing businesses.
Plans to introduce authorisation were initiated in public consultations by the then Department of Mines, Industry Regulation and Safety in 2020 and announced during the development of the Act between 2022 and 2024, as well as communicated in educational sessions by the Department of Transport (now DTMI) in 2024 and 2025 and in DTMI industry consultation surveys in 2025.
Who must apply for a towing business authorisation?
Once the new requirements are introduced into the regulations, all crash towing businesses (regulated towing businesses) will need to be authorised to undertake crash towing (or regulated towing). Authorisation will also require regulated towing businesses to have a storage yard that meets certain standards. See Storage yard requirements for more information.
Authorisations for towing workers will be introduced in a later stage.
Towing business authorisations
To become authorised, regulated towing businesses will need to meet various requirements that are currently in development, including:
- ‘Fit and proper’ persons considerations.
- Public interest considerations.
- Storage yard standards.
‘Fit and proper’ person requirements
When assessing an application for a towing business authorisation, the CEO of DTMI must determine whether the applicant is a ‘fit and proper’ person to conduct a regulated towing business and whether a nominated responsible officer is a ‘fit and proper’ person to represent a regulated towing business.
To be considered ‘fit and proper’, a person must be of good repute with regard to their character, honesty and integrity. Similarly, any close associate must also be of good repute.
When applying for a towing business authorisation, it is intended that all applicants and nominated responsible officers must provide a recent National Police Clearance (NPC). Applicants include all trustees, partners and directors of the business – as applicable. Individuals with histories of serious offences, which will be prescribed in the regulations, will not be allowed to apply.
It is also intended that each application for a towing business authorisation will require a recent NPC for all towing workers engaging in crash towing for the business. The intention is to ensure that towing workers who have direct contact with potentially vulnerable members of the public are ‘fit and proper’.
Public interest considerations
DTMI will also consider whether it is in the public interest to authorise a regulated towing business.
In order to ensure public trust and confidence in the industry, the Act must determine whether the granting or extension of a towing authorisation is in the public interest.
To this end, it is intended that all directors, trustees, partners and responsible officers would need to disclose whether they have been refused or lost a towing authorisation in another Australian state or territory. This would be in addition to a recent NPC.
The public interest consideration may also take into account any alleged contravention of the Act and the Towing Services Regulations 2025 by the business or individuals associated with the business.
Storage yard requirements
It is intended that all regulated towing businesses will be required to have a storage yard that meets the following DTMI standards:
- safe and secure storage of vehicles, including security measures;
- allowing vehicle owners or their representatives safe access to a vehicle or its contents;
- safe and timely release of stored vehicles;
- proper signage; and
- relevant zoning for the yard, for example within an industrial zone.
It is intended that storage yards will require a designated vehicle release area and clear procedures for releasing vehicles safely and promptly.
Responsible officers
When applying for authorisation, the applicant will be required to nominate one or more individuals as ‘responsible officers’ to represent the business.
To be nominated as a ‘responsible officer’ the individual must:
- be directly involved in the day-to-day management of the business;
- be authorised to represent the business in carrying out its operations;
- have access to, and be authorised to provide, any information relating to the business that is required under the Act;
- be a ‘fit and proper’ person to represent the towing service provider in the conduct of its business;
- have the capacity to influence compliance with safety standards in relation to the conduct of the business; and
- meet any requirements prescribed by the regulations.
Close associates
It is intended that applications for authorisation will require a list of close associates who must also meet ‘fit and proper’ requirements. A close associate of an applicant is a person who:
- holds any relevant financial interest or is entitled to exercise any power in relation to the business;
- holds or will hold any relevant position, whether in the person’s own right or on behalf of any other person, in the business; or
- is or will be engaged as a contractor or employee in the business. This includes all towing workers engaging in crash towing for the business.
Not all close associates are required to provide NPCs. This requirement will only apply to all applicants, nominated responsible officers and towing workers. However, the DTMI CEO may suspend or cancel the authorisation under clause 29(1)(c) if they are no longer satisfied that the authorised towing service provider is ‘fit and proper’ to conduct a regulated towing business based on a close associate.
Disqualification offences
Disqualification offences are serious breaches of law that will automatically prevent a person or entity from holding or obtaining a towing business authorisation. Under section 150 of the Act, these disqualification offences can include offences under the Act or another written law, Commonwealth laws, or laws of other States.
When a person is convicted of a prescribed disqualification offence, or when an authorisation is cancelled because a responsible officer or close associate is convicted, the individual or business becomes disqualified for a period set by regulations. This prescribed disqualification period, which may vary by offence and can be permanent, begins on the date of conviction or cancellation and reflects the gravity of the offence and any prior history.
These proposed disqualification offences are intended to ensure that only ‘fit and proper’ persons operate in the towing industry, safeguarding consumers, promoting fair competition, and reducing organised crime risks in regulated towing.
It is intended that the disqualification offences will be modelled on the disqualification offences in the Transport (Road Passenger Services) Regulations 2020 with additional offences relevant to the crash towing industry being included. It is intended that disqualification offences will include offences such as assault, sexual assault, drug trafficking, firearms offences, dishonesty and dangerous driving.
Convictions for these offences will automatically disqualify applicants from being granted a towing authorisation or will cause towing authorisations to be suspended or cancelled, without appeal. Towing authorisations may be temporarily suspended while allegations are being investigated.
Certificate of authorisation
Once authorised, it is intended that regulated towing businesses will be required to display a DTMI certificate of authorisation at their places of business and in each storage yard.
Authorisation fees
To assist industry transition to towing business authorisations, it is intended that application and authorisation fees will be waived for the first year. Further details will be provided upon confirmation by the Government.
Indicative timeline
DTMI intends to introduce towing business authorisations in mid-2026, depending on completion of the detailed regulations and required IT and administrative systems.
When the required systems are in place, it is intended that authorisation applications will open approximately 6‑8 weeks ahead of businesses needing to be authorised. This will allow businesses sufficient time to apply and for DTMI to consider and process applications.
Once authorisations are introduced, all regulated towing businesses must be authorised. Failure to do so will incur significant penalties, including $40,000 for an individual and $200,000 for a body corporate.