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Private parking
From 14 December 2020 wheel clamping will be banned in Western Australia and a new system for regulating towing as a private parking control measure will be established.
The regulation of towing relates to towing vehicles from private property only and does not regulate break down or crash towing in Western Australia.
Wheel clamping
From 14 December 2020, the wheel clamping of vehicles is banned and can no longer be used as a parking control measure.
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.
There will still be some circumstances where it will be legal for wheel clamps or other devices to be used, for example, an owner may clamp their own vehicle, trailer or caravan as an anti-theft measure. Law enforcement agencies, including Sheriffs and local government, can continue to use wheel clamps when authorised by law to do so.
Towing
There is no general right to park on private property. If a driver parks somewhere they are not authorised to park, or do not comply with the parking terms and conditions in a private property parking area, their vehicle may be towed.
Drivers have a responsibility to determine if they are allowed to park somewhere and comply with any terms and conditions of parking on private property.
Drivers - Parking on private property
There is no general right to park on private property. If you park in a place you are not authorised to park, or do not comply with the parking terms and conditions in a private property parking area, your 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, you aren’t going to be very long, there are plenty of vacant spaces, you have parked there before, or simply because other vehicles are parked there.
As a driver you are responsible for determining if you 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.
| Wheel Clamping Ban and Private Property Towing - Frequently Asked Questions | Kb | |
| Parking on Private Property - Fact Sheet for Drivers | Kb | |
Private property owner-occupiers
As the owner or occupier of a private property, it is important that you understand your obligations in relation to the towing of vehicles from private property that you 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
As a towing service provider, it is important that you understand your 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.
| Towing Service Provider Fact Sheet | Kb | |
| Tow Truck Driver Fact Sheet | Kb | |
| Notification of Vehicle to be Towed (E203T) form | Kb | |
| Private Property Towing Arrangement (E202T) form | Kb | |
Tow truck drivers
As a tow truck driver, it is important that you understand your 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.
| Notification of Vehicle to be Towed (E203T) form | Kb | |
| Tow Truck Driver Fact Sheet | Kb | |
Storage yards
As a person in charge of a storage yard it is important that you understand your 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.
| Storage Yard Fact Sheet | Kb | |
| Storage Yard Approval Application (E200T) form | Kb | |