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. DTMI undertook industry consultation about authorisations in 2025.
Who must apply for a towing business authorisation?
The amended Towing Services Regulations 2026 require all crash towing businesses (regulated towing businesses) to be authorised to undertake crash towing (regulated towing). Authorisation also requires 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, 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, applicants must provide a recent National Police Clearance (NPC) for all applicants and nominated responsible officers. Applicants include all directors, members, partners or trustees of the business – as applicable. Individuals with histories of serious offences, which are prescribed in the regulations, will not be allowed to apply.
In addition, 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 CEO must determine whether the granting or extension of a towing authorisation is in the public interest.
To this end, the applicant will need to disclose on behalf of all directors, members, partners or trustees – as applicable, responsible officers and close associates whether they have been refused or had cancelled a towing authorisation in another Australian State or Territory. This is 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
All regulated towing businesses are 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.
Storage yards are required to have a designated vehicle release area and clear procedures for releasing vehicles safely and promptly.
Responsible officers
When applying for authorisation, the applicant is 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
Applications for authorisation 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. Instead, the applicant must answer whether any close associates:
- have previously had an equivalent authorisation in another Australian State or Territory refused or cancelled;
- have been charged with a disqualification offence; or
- is a member of an identified organisation.
The DTMI CEO may suspend or cancel the authorisation if they are no longer satisfied that the authorised towing service provider is ‘fit and proper’ to conduct a regulated towing business, which may include consideration of 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 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.
The disqualification offences are modelled on the disqualification offences in the Transport (Road Passenger Services) Regulations 2020 with additional offences relevant to the crash towing industry being included. 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 cause towing authorisations to be suspended or cancelled, without appeal. Towing authorisations may be temporarily suspended while allegations are being investigated.
Authorisation fees
To assist industry transition to towing business authorisations, application and authorisation fees will be waived for the first year.
Timeline
Towing businesses can submit applications for authorisation from 1 July 2026.
It will take 6-8 weeks for DTMI to consider full and accurate applications.
The requirement to be authorised in order to operate a crash towing business applies will be applied in a staggered way:
- Perth and Peel regions – 1 September 2026
- South West region – 1 October 2026
- Rest of the State – 1 November 2026.
Towing businesses in the Perth and Peel regions are urged to submit applications in a timely manner.
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.