Towing penalties and infringements

What is an infringement notice?

An infringement notice is a formal notice issued by an authorised officer when a towing service provider or towing worker is alleged to have committed a prescribed offence under the Act or Regulations. These notices are issued pursuant to Part 2 of the Criminal Procedure Act 2004 and are intended to address less serious offences without the cost and time of court proceedings. 

An infringement notice can only be issued for offences that are prescribed in schedule 1 of the Towing Services Regulations 2025. Where an offence is prescribed, a modified penalty is applied which is less than the amount that can be imposed by a Court for that offence.  

See Prescribed Offences and Modified Penalties below for further information on the offences for which an infringement may be issued and the associated modified penalties. 

Timeframe to respond

If you receive an infringement notice, you have 28 days from the date of issue to:

• pay the modified penalty listed on the notice; 
• elect to have the matter dealt with by prosecution in court; or
• object to the issue of the notice by emailing towing@transport.wa.gov.au and requesting that the decision to issue the notice be reviewed. When submitting a request, you must have sufficient grounds for your objection which is supported by documentary proof. 

Any decision by an approved officer to withdraw or refuse to withdraw an infringement is final and not subject to appeal, unless additional information is provided, or you elect to have the matter dealt with by a Court.

Payment options

Currently modified penalties can be paid using the following methods:

• In person – to the cashier at any Magistrates Court of Western Australia
• By post – a cheque or money order payable to relevant address listed on the infringement notice

Proof of payment (e.g. receipt) should be retained and provided if requested.

Electing to go to court

 If you wish to challenge the infringement you may elect to be prosecuted for the alleged offence in court. To do so:

• Complete the relevant section on the notice
• Sign and date the form
• Submit it to the Department of Transport and Major Infrastructure within the 28-day period

If no payment is made and no election is submitted, enforcement may proceed under the Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA).

Enforcement actions for non-payment

If the modified penalty listed on an infringement notice is not paid within 28 days, or you have not elected to have the matter dealt with in Court enforcement may proceed under the Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA). This legislation provides a range of enforcement mechanisms that may be applied to recover unpaid penalties, including:

• Suspension or cancellation of your driver’s licence or vehicle licence
• Immobilisation of your vehicle or removal of number plates
• Garnishment of earnings or bank accounts
• Seizure and sale of property
• Publication of your details on a public website

These actions are initiated by the Fines Enforcement Registry, which has the authority to register unpaid infringement notices and issue enforcement certificates, licence suspension orders, and enforcement warrants.

It is critical that towing service providers and towing workers understand that non-payment of infringement notices is not a minor administrative matter. Once registered, enforcement actions under the Fines, Penalties and Infringement Notices Enforcement Act 1994 can significantly impact your ability to operate and manage your business or your ability to work.