The towing industry in Western Australia has been in need of major reform, with the lack of regulation in what has been described as a ‘wild west’ bought to the attention of the state government.
This came to a head at the end of 2024 with 17 people charged and 26 charges laid in a police operation targeting unlawful activity from tow truck operators.
Now, the Towing Services Bill 2024 is before the WA government, to establish maximum charges for the towing of vehicles, as well as better working and safety standards for drivers.
Owner Driver sought comment from the state’s assistant transport minister David Michael on how the new regulations will impact towing operators.
“The new requirements will cover all workers providing crash towing and storage services and support a safe, fair and efficient towing industry,” a government spokesperson says.
“The first stage of the Bill (covering maximum charges for towing and storage) will build on existing requirements for record-keeping and price transparency, so this will mean minimal changes for towing industry workers.
“Workers will need to ensure that drivers of crashed vehicles are given an ‘authority to tow’ that specifies the actual charge that is being imposed for towing from the scene of the crash, and for daily storage.
“Other new requirements for the first stage of the Bill will include a ban on ‘spotter fees’ (giving money to people who report crashes) and introduce the regulation of safety requirements and the conduct of workers at crash scenes.”
“These changes will have minimal impacts on industry professionals who are already doing the right thing.”
The Bill will include a requirement for towing operators to meet ‘fit and proper character provisions’ and occupational authorisation checks to crack down on illegal operations.
The WA government says that this to protect both workers and towing customers across the state.
“The purpose of the authorisation process is to protect motorists by ensuring that towing is undertaken by reputable parties,” the spokesperson says.
“The provisions will be similar to those already in place for the on-demand transport industry: regulations will define certain offences which are ‘disqualification offences’ that prohibit the Department of Transport from granting an authorisation to a worker or business.
“These are serious crimes such as violent offences, fraud, drug trafficking and sexual offences. DoT will also be able to suspend, cancel or refuse to grant an authorisation where the person is not of good repute, with regard to their character, honesty and integrity. For workers, DoT will also consider their medical fitness.
“In making decisions around the public interest, DoT must consider ‘the need for the creation and maintenance of public confidence and trust in the credibility and integrity of the towing industry.’”
The initial regulations will be aimed at the storage and towing of light vehicles, as this is where the towing industry sees most of its business.
However, the DoT understands that heavy vehicles (trucks and otherwise) also require inclusion in industry regulations.
While this will be another task in the process of making new industry regulation, it will be considered once the new guidelines are set.
“The initial priority is to introduce maximum charges for the towing and storage of light vehicles involved in crashes in the Perth and Peel regions. Public consultation found that this was the greatest problem,” the spokesperson says.
“Crash towing and storage for other scenarios will still require the charges to be ‘reasonable in the circumstances’. This will be determined by factors such as the cost of providing the service and market rates.
“If there is displacement of problematic behaviours into other types of towing, the legislation will have the ability to introduce regulations which expand coverage to further geographical areas, vehicles of particular types, or to breakdown towing.”
With the Bill currently in front of the WA government, the hope is that these regulations will come into effect as quickly as possible.
If passed within the coming weeks, expect the guidelines laid out in the Bill to come into effect before the end of the year.
“Subject to Parliamentary approvals, the first stages of the legislation will be in force in late 2024,” the spokesperson says.
“This will include the regulation of maximum charges for crash towing and storage, spotter fees, offences around safety and conduct at scenes, and new powers for information sharing and enforcement.
“Introducing occupational authorisation for workers and businesses will require new systems, and it is currently planned that these will be developed during the 2025/26 financial year.”
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