Road Traffic (Towing of Vehicles) Regulations 2020

The regulations rest on a set of operational concepts that repeat and implement the statutory framework of Part 6A Division 3 of the Act. Key concepts in the instrument are: relevant premises, towing arrangement, relevant towing service provider, relevant record, relevant person, signage classifications, waiting period, release and capped charges.

Relevant premises is a defined term taken from section 97(1) of the Act and used throughout as the factual trigger for signage and waiting period obligations (regs 3(1) and 11(2)). The regulations distinguish between types of premises for signage: large regulated property, small regulated property and commercial car park, each carrying different signage specifications (reg 11(1) and reg 11(3)-(4)). A major sign has prescribed size and minimum height and must display CEO-approved words and symbols; minor signs are smaller but must meet CEO-approved content and layout requirements (reg 11(1) and reg 11(5)). For large regulated properties, the number of minor signs must be at least one-tenth of the number of parking bays and they must be reasonably evenly distributed (reg 11(3)(b)(i)-(ii)).

The towing arrangement sits at the centre of obligations. A relevant towing service provider is the provider who is a party to the towing arrangement that requests or permits the towing (reg 5). The tow truck driver must notify the CEO of prescribed vehicle details before the tow in the circumstances required by s 97(1)(b) of the Act; the regulations list those details (reg 6). They include vehicle make, model and colour; plate characters; location of the premises; storage yard details and telephone number (as maintained under reg 16(1)); timing; names of the controller, requester and tow truck driver; steps taken to find a relevant person; tow truck plate characters; and the towing service provider's telephone number (reg 6(a)-(l)).

A relevant record is either the record made by the tow truck driver under s 97(1)(c), or a copy of a record given to the towing service provider under reg 7(3) (reg 5). The regulations require photographic evidence for signage presence and vehicle body condition where applicable (reg 7(2)). Records must be retained for at least 12 months and stored at a single location that the towing service provider notifies to the CEO (reg 8(1)-(4)). The CEO can require production or copies of records, including on an ongoing schedule, but the CEO may not require records for tows more than 12 months old (reg 9(1)-(5)).

A waiting period concept is prescribed: 60 continuous minutes before a tow may occur, with the clock starting either after the vehicle ceases to be authorised to park (if it previously was authorised) or from the time it was parked if it was never authorised (reg 13(1)). The regulation clarifies that authorisation includes both an agreement and permission by signs displayed (reg 13(2)). Release is also operationalised: a vehicle is "released" if it is left outside the storage yard in specified locations close to the main entrance or on an adjacent carriageway within specified distance limits (reg 18).

Charge caps set three monetary constraints: on-site release charge $100 incl GST (reg 17); towing $150 incl GST (reg 19); and storage charges calculated as $25 per day for storage under 15 days, and a specified formula for 15 days or more (reg 20(1)(a)-(b)). The computation of days in storage is prescribed by rounding rules (reg 20(2)). These caps are expressed as applying for the purposes of the corresponding sections in the Act (s 100(4), s 105(1), s 105A(1)).

The CEO is the regulatory pivot. The CEO approves form and manner for various notices, approves the words and symbols for signs and their layout, can grant or revoke exemptions to signage requirements, may receive notifications of record locations, may require production of records and may disclose or publish certain information obtained under s 97(1)(b) if satisfied of relevance (regs 6(d), 7(3), 8(3), 9(1), 10, 11(1)(c)(d), 12).

Collectively, these concepts aim to make towing operations more transparent to vehicle owners and to constrain recoverable charges. The regulations translate statutory requirements into precise operational steps, timings and costs that controllers, towing service providers, tow truck drivers and storage yard operators must follow.

The regulations allocate obligations across several discrete actors and therefore produce predictable cost and operational impacts for each. The primary affected parties are:

• Towing service providers. They are the focus of many obligations. They must ensure tow truck drivers notify the CEO of prescribed vehicle details prior to towing when the Act requires it (reg 6), retain relevant records for at least 12 months at a single notified location (reg 8(1)-(4)), provide copies of records to the CEO on written notice (reg 9), maintain and staff a telephone number for enquiries during prescribed hours and while vehicles are being towed and for 30 minutes after arrival at storage yards (reg 15(1)). They may also be required to pass exemption notices to tow truck drivers (reg 12(7)). Failure to comply with several requirements attracts monetary fines stated in penalty units (for example regs 7(3), 8(1)-(4), 9(4), 15(1)(b)(ii)).

• Tow truck drivers. Drivers must make a record under s 97(1)(c) and the regulations prescribe what the record must include (reg 7(1)). Photographic evidence is required for some items (reg 7(2)). If the driver is not the relevant towing service provider, the driver must give the relevant towing service provider a copy of the record before towing (reg 7(3)). Non-compliance is subject to fines (reg 7(3)).

• Controllers of premises (including owners or managers). Controllers of large or small regulated properties must ensure appropriate signage is displayed in compliance with the specific requirements (reg 11(2)-(5)). If the CEO issues an exemption relevant to particular premises, a controller who receives the written notice must give a copy to each towing service provider with which the controller has a towing arrangement within five business days (reg 12(5)-(6)). Failure to notify towing service providers carries a fine (reg 12(6)).

• Storage yard operators. Persons in charge of storage yards must maintain a telephone number for enquiries and ensure that callers who claim to be relevant persons are told whether a vehicle is at the storage yard, within specified business hours (reg 16(1)-(2)). Storage yard operators will be directly affected by the storage charge caps in reg 20 and by release procedures in reg 18 because those rules limit recoverable amounts and set the method for release.

• Owners or relevant persons for vehicles. The regulations constrain what owners or relevant persons may be charged for towing, onsite release and storage (regs 17, 19, 20). They also give owners potential access to information: the CEO may disclose particular details to persons the CEO is satisfied are relevant persons and may publish some particulars on a website (reg 10). Owners benefit from the mandated 60-minute waiting period before removal in many circumstances (reg 13).

• The CEO and administrative staff. The CEO must approve content of signs and the manner and form for notifications and record location notices (regs 6(d), 7(3), 8(3), 11(1)(c)-(d)). The CEO holds discretion to grant or revoke signage exemptions (reg 12), to require production of records (reg 9), to disclose or publish notified details (reg 10) and to set forms and processes for notification. These powers impose administrative duties on the CEO and require the maintenance of a publication mechanism for exemptions and for any published vehicle information (reg 12(5)(b), reg 10(2)).

• Businesses operating parking facilities. Where a lot, strata parcel or commercial car park meets the thresholds in reg 11(1) it must display signs of a particular size and positioning, or obtain an exemption. For large regulated properties substantial signage is required (major signs at entrances and proximity to pay machines; a minimum number of minor signs distributed across parking bays) (reg 11(3)). That adds compliance costs for landlords, businesses and strata managers.

Who pays and who receives money is explicit in the charge provisions. Owners or persons retrieving vehicles will typically pay towing, on-site release and storage charges up to the statutory caps (regs 17, 19, 20). Controllers bear costs to install signage and to distribute exemption notices. Towing service providers and storage yard operators bear costs of phone lines, staffing, record systems and compliance; in return they may invoice for services subject to the caps.

Finally, the regulations do not apply universally. Regulation 4 excludes Part 6A Division 3 from applying to the towing of a motor vehicle exercised under a right under a parking agreement where the vehicle is parked in a parking facility. The instrument therefore affects parties only within the factual and statutory scope set by the Act and by reg 4.

The regulations articulate discrete duties for towing service providers, tow truck drivers, controllers of premises and storage yard operators, and also create limited rights for vehicle relevant persons and the CEO.

Duties on towing service providers and tow truck drivers:

• Notify CEO of prescribed vehicle details when required by s 97(1)(b) of the Act; the regulations list the required particulars including vehicle make, model, colour, plate characters, location of premises, storage yard name and phone, towing and expected arrival times, names of controller and tow truck driver, tow truck plate characters, steps taken to find relevant person and the towing service provider’s phone (reg 6).
• Create and retain records of those particulars and additional details required under s 97(1)(c), including photographic evidence that signage (if applicable) was displayed and evidence of vehicle body condition (reg 7(1)-(2)). A tow truck driver who is not the relevant towing service provider must give a copy of the record to the provider before towing (reg 7(3); penalty 50 PU).
• Retain relevant records for at least 12 months and hold them at a single location; before the first tow under a arrangement, notify the CEO of the location in a CEO-approved form and manner; notify the CEO within seven days of any change (reg 8(1)-(4); penalties 50 PU each).
• Maintain a telephone number for enquiries, ensure a person can be contacted on that number during normal business hours and while towing and for at least 30 minutes after arrival at a storage yard, and provide information to callers who claim to be relevant persons regarding whether the vehicle is being towed or is stored and the storage yard details (reg 15(1)-(2); penalties 50 PU).

Duties on storage yard operators:

• Maintain a telephone number for enquiries and ensure contactability between 9 am and 5 pm on business days (reg 16(1)); advise callers who claim to be relevant persons whether the vehicle is at the storage yard (reg 16(2); penalties 50 PU).

Duties on controllers and property managers:

• Ensure required signs are displayed in accordance with the property type and the detailed requirements for major and minor signs, including height, size and CEO-approved content, and the distribution rules for minor signs on large regulated properties (reg 11(2)-(5)).
• When given a CEO exemption notice for particular premises, give a copy to each towing service provider with a towing arrangement within five business days (reg 12(5)-(6); penalty 50 PU). Towing service providers who receive that copy must pass it to tow truck drivers within five business days (reg 12(7); penalty 50 PU).

CEO powers and duties:

• Approve the words and symbols for signs and approve requirements including material, colour and layout for major and minor signs (reg 11(1)(c)-(d), reg 11(4)(b)(i)-(ii)).
• Grant or revoke exemptions from signage requirements where compliance is impracticable, either on application or on the CEO’s own initiative, and impose conditions (reg 12(1)-(4)). Exemptions for classes of premises must be published on a CEO-maintained website (reg 12(5)(b)).
• Require production or copies of relevant records from towing service providers in a specified manner and time, including ongoing provision; except that the CEO may not require records for tows more than 12 months prior to the notice (reg 9(1)-(5)).
• Disclose certain notified information to persons the CEO is satisfied are relevant persons for the vehicle and publish specified vehicle particulars on a website (reg 10(1)-(2)).

Rights and procedural protections:

• Relevant persons have a right to be given certain information by towing service providers and storage yard operators on request and to be satisfied of the vehicle’s status (regs 15(2), 16(2)).
• Vehicle owners and relevant persons are protected from charges above capped amounts for on-site release, towing and storage (regs 17, 19, 20). The regulations set how storage days are calculated (reg 20(2)).
• Tow truck drivers have an obligation to give records to the relevant towing service provider; if they fail to do so they face fines but the regulations do not otherwise attach criminal offences to the towing act per se beyond the penalties specified.

Procedural detail and form approvals:

• Several duties require compliance with a manner and form approved by the CEO (for example, notifications of record location, and the form of applications for exemptions) (reg 8(3), reg 12(2)). This delegates specification of administrative process to the CEO.

Limitations and exceptions:

• The regulations apply only where Part 6A Division 3 applies (reg 14). Regulation 4 clarifies that Part 6A Division 3 does not apply to towing exercised under a parking agreement where the vehicle is parked in a parking facility (reg 4).

In short, the obligations are operational and administrative. They impose record creation and retention, information provision and telephone availability duties, specific signage requirements, and monetary caps on fees. They also confer the CEO with approval, exemption and disclosure powers that structure implementation and compliance.

The regulations specify fines expressed in penalty units for a set of non-compliances. The enforcement model is administrative policing backed by monetary fines; enforcement powers combine the CEO’s information and inspection powers with direct fines for specified failures.

Specified penalties and their backbone:

• Failure by a tow truck driver who is not the relevant towing service provider to give the relevant towing service provider a copy of a record before towing is penalised by a fine of 50 penalty units, with a modified penalty of 5 PU (reg 7(3)). The same 50 PU/modified 5 PU figure recurs across other regulatory obligations.
• Towing service providers must retain each relevant record for at least 12 months (reg 8(1)); failure attracts a fine of 50 PU and a modified penalty of 5 PU. Similarly, failing to hold records at a single location (reg 8(2)) and failing to notify the CEO of the location before first towing or within seven days of a change (reg 8(3)-(4)) each attract fines of 50 PU and a modified penalty of 5 PU.
• A person given a notice under reg 9(1) to produce records must comply, and failure to do so is punishable by 50 PU with a modified penalty of 5 PU (reg 9(4)).
• Controllers who receive written exemption notices from the CEO must give a copy to each towing service provider within five business days; failure to do so is fined at 50 PU with modified penalty 5 PU (reg 12(6)). Towing service providers who receive the copy must pass it to tow truck drivers within five business days; failure is likewise penalised (reg 12(7)).
• Towing service providers who are required to maintain telephone contactability and staffing for specified periods must comply or face a fine of 50 PU and a modified 5 PU (reg 15(1)). Storage yard operators’ telephone duties have the same penalty structure (reg 16(1)-(2)).

Enforcement mechanisms and administrative powers:

• Reg 9 allows the CEO to require production or copies of relevant records by written notice, to specify manner and form and to set timeframes or ongoing schedules for production. The CEO may not require records that relate to tows more than 12 months before the notice (reg 9(1)-(5)).
• Reg 10 permits the CEO to disclose certain notified information to persons if the CEO is satisfied they are relevant persons, and to publish particular vehicle details on a website (reg 10(1)-(2)). Publication and disclosure are regulatory tools that can aid enforcement and transparency.
• The CEO also retains discretion to grant or revoke signage exemptions and to impose conditions (reg 12(1)-(4)). Notices for individual premises must be given to the controller and for classes of premises must be published on a CEO website (reg 12(5)).

Penalty quantum and practical effect:

• The uniform 50 PU penalty for many breaches creates a consistent enforcement stick. The regulations also provide modified penalties of 5 PU for several contraventions enabling expiation-type enforcement options (for example regs 7(3), 8(1)-(4), 9(4), 12(6)-(7), 15(1), 16(1)-(2)). The regulations do not include the dollar value of a penalty unit; that is set elsewhere in the statutory scheme and is not in the text provided.

Limitations on enforcement reach:

• The CEO cannot require records older than 12 months (reg 9(5)). That time limit aligns with the 12-month retention requirement (reg 8(1)) and constrains retroactive investigatory reach.
• The regulations do not create judicial enforcement mechanisms; they create statutory offences and administrative powers for the CEO to require records and disclose information. The practical enforcement route is likely administrative compliance and monetary penalties.

Procedural requirements likely to influence enforcement outcomes:

• Several duties require compliance with a manner and form approved by the CEO (for example, notifying the CEO of the location of records and applying for signage exemptions) (reg 8(3), reg 12(2)). This means the CEO controls procedural compliance pathways and can prioritise enforcement administratively via forms and information flows.

In sum, enforcement is structured around the CEO’s inspection and disclosure powers and standardised monetary penalties for specified administrative failures. The statutory caps on towing, on-site release and storage charges act as economic constraints on fee recovery; non-compliance with recordkeeping, signage and telephone duties carries consistent monetary penalties that support detection and sanctioning.

The regulations are enacted under the Road Traffic Act 1974 to give effect to specific provisions in Part 6A Division 3. They operate as subordinate legislation and repeatedly reference sections of the Act (for example s 96(2)(a)(vi), s 97(1)(b)(ii), s 97(1)(c), s 100(4), s 103, s 105(1), s 105A(1)) to prescribe particulars required by the primary statute (see regs 4, 6, 7, 17-20). The regulations sit in a wider statutory and regulatory environment; the text itself references other instruments and concepts that will require attention for compliance.

References to external statutory instruments and definitions:

• GST is defined by reference to the Commonwealth A New Tax System (Goods and Services Tax) Act 1999 s 195‑1 (reg 3(1)), which clarifies that the caps in regs 17, 19 and 20 include any GST payable.
• The term carriageway is given the meaning in the Road Traffic Code 2000 regulation 3(1) for the purposes of reg 18(1)-(2), which governs the conditions under which a vehicle is released outside a storage yard (reg 18).
• The definitions of lot and strata parcel invoke the Planning and Development Act 2005 and the Strata Titles Act 1985 (reg 11(1)). This brings land use and planning definitions into play when identifying large and small regulated properties for signage obligations.

Interaction with the Act’s exclusions and scope:

• Regulation 4 expressly excludes Part 6A Division 3 from applying to the towing of a motor vehicle in the exercise of a right under a parking agreement where the vehicle is parked in a parking facility. That produces a cross-cutting exclusion where parking agreement rights and parking facilities operate; towing in those factual circumstances will not be subject to the Part 6A Division 3 regime and therefore not subject to these regulatory particulars (reg 4). Practitioners must therefore determine whether the factual scenario is a parking facility and whether a parking agreement right is being exercised before applying these regulations.

CEO approvals and forms:

• The regulations frequently delegate to the CEO the power to approve words and symbols on signs, and the manner and form for notifications to the CEO (for example reg 11(1)(c)-(d), reg 8(3), reg 12(2)). This means administrative practice and any CEO-issued forms or guidance will be part of the compliance universe; failure to follow CEO forms may be a separate compliance risk though the regulations do not list additional penalties beyond the prescribed fines.

Publication and privacy interactions:

• Reg 10 permits the CEO to publish certain vehicle details obtained under s 97(1)(b) on a website and to disclose other details to persons the CEO is satisfied are relevant persons. Publication of vehicle details may intersect with privacy law or other statutory disclosure constraints, although the regulation itself does not refer to privacy statutes. Practitioners should note that publication and disclosure functions will have to be reconciled with privacy obligations under other legislation, but the regulation itself only confers the disclosure and publication powers without qualification.

Interaction with contract law and parking agreements:

• The regulations presuppose the existence of towing arrangements, controllers and parking authorisations. They do not replace contractual rights and obligations among private parties, but they set statutory minima and maxima that constrain contractual recovery. For example, even if a contract with a towing provider sets a higher towing fee, the statutory cap of $150 (including GST) applies for the purposes of the Act (reg 19). Parties will need to align contracts with the caps and procedural requirements (signage and notice) or risk statutory non-enforcement and potential fines.

Interplay with local government or police powers:

• The regulations do not explicitly alter or reference police or local government towing powers. They operate within the state traffic regulatory framework. Any overlap with local government bylaws or police towing powers would need to be analysed in context; the regulations do not displace powers outside the statutory scope of Part 6A Division 3.

In short, these regulations function as subordinate implementation detail for Part 6A Division 3 and draw on definitions and concepts from other state instruments and Commonwealth GST law. They restrict fee recovery, mandate procedural steps, and allocate enforceable duties among private actors while leaving other statutory regimes (parking agreements, privacy law, planning definitions) applicable and influential in determining applicability and compliance.

The text includes its own compilation table and commencement rules, which show how the instrument came into force and that it is a single instrument without recorded later amendments in the compilation provided. The chronology within the regulations is as follows.

Enactment and commencement:

• The instrument is cited as the Road Traffic (Towing of Vehicles) Regulations 2020 (reg 1).
• Commencement was staged. Part 1 (except regs 3 and 4) commenced on publication in the Gazette, that is 4 December 2020 according to the compilation table. Regulations 3 and 4 and Parts 2 and 3 commenced on 14 December 2020, coincident with the commencement of s 5 of the Road Traffic Amendment (Immobilisation, Towing and Detention of Vehicles) Act 2020 (reg 2; compilation table entry: SL 2020/230 published 4 Dec 2020, Pt 1 other than r 3 and 4 on 4 Dec 2020; r 3 and 4 and Pt 2 and 3 on 14 Dec 2020).

Instrument provenance:

• The compilation table identifies the statutory instrument citation as SL 2020/230. No further amendment entries are present in the compilation table that was supplied. The regulations therefore appear as enacted in late 2020 with the split commencement described.

Absence of subsequent amendment notes:

• The provided compilation table contains no further entries indicating subsequent amendments or revocations. If any amendments have been made after the compilation presented, they are not in the text supplied. Practitioners should check the current version on the official legislation website for any later amendments or repeals.

Transitional arrangements:

• Regulation 11(6) includes a temporary transitional provision that suspends certain signage requirements for large regulated properties until 31 March 2021. Between the regulation’s commencement and that date, the requirements that would otherwise apply to large regulated properties are relaxed so that they are treated as small regulated properties for signage purposes (reg 11(6)(a)-(b)). That transitional rule is part of the instrument as enacted and indicates a legislated implementation window for signage duties.

Cross-references to the Amendment Act:

• The bulk of the instrument’s operative provisions came into force with the Road Traffic Amendment (Immobilisation, Towing and Detention of Vehicles) Act 2020 s 5. The regulations therefore were timed to come into operation with amendments to the principal statute, so the regulatory detail was intended to be applied contemporaneously with the Act’s substantive changes.

Where to look for further amendment history:

• The instrument as compiled includes the initial enactment and commencement dates. For any later amendment history beyond that compilation, practitioners must consult the official Western Australian legislation database or the Government Gazette for subsequent notices, as the supplied text does not record later changes.

In sum, the instrument is an original 2020 regulation with staged commencement, a short transitional signage relief period until 31 March 2021, and no recorded subsequent amendments in the compilation provided. For current practice, confirm whether newer versions, editorial corrections or amendments have been made after the compilation date.

The regulation text supplied does not list or reference any judicial decisions, reviews, or tribunal determinations. There are no cases cited in the instrument and no mention of litigation, judicial interpretation, or administrative review outcomes. The absence of litigation references in the regulations means:

• There is no statutory record within this instrument of how courts or tribunals have interpreted the specific regulatory obligations, such as the precise meaning of the standard required in photographic evidence, the sufficiency of CEO forms and notices, or the operational reach of reg 4’s exclusion for parking agreements.
• Practitioners will not find guidance on contested issues such as the application of the 60-minute waiting period in edge cases, the adequacy of signage, or the interplay between the CEO’s disclosure powers under reg 10 and privacy law in this text.
• Enforcers and regulated parties must therefore rely on the plain wording of the regulations and the underlying Act until judicial or tribunal decisions provide interpretation. The regulations themselves contain precise procedural prescriptions and definitions (for example the content of records, the sign dimensions, the retention period and the charge caps), which reduces some scope for contestation; however, factual disputes and questions of compliance will still arise in practice.

Implications of the lack of litigation history:

• Absent case law, administrative practice and CEO guidance will be the primary sources of interpretive clarity. The regulations repeatedly delegate process details to "manner and form approved by the CEO" and to CEO-approved words and symbols for signage (for example regs 8(3), 11(1)(c)(d), 12(2)). How the CEO exercises that approval power and the forms or guidance the CEO issues will materially shape implementation and may be a focus of subsequent disputes.
• Where statutory caps intersect with consumer disputes about amounts charged, courts or tribunals may be asked to adjudicate on whether a charge breached the cap or whether contractual arrangements override statutory limits. The regulations themselves set the caps (regs 17, 19, 20) but do not provide adjudicative processes; enforcement action may be administrative fines or civil claims under the Act or other laws.

Recommendation for practitioners:

• Because no litigation is recorded in the instrument, review any CEO guidance, administrative forms, published notices or policy documents that the CEO has issued to operationalise the delegated approvals and notice requirements. That administrative material will often govern day-to-day compliance more practically than judicial decisions until case law develops.

In short, the regulations contain no litigation history. The lack of judicial exposition increases the importance of administrative practice, CEO-approved forms and proactive compliance to reduce dispute risk. Legal actors should track subsequent cases and tribunal decisions for interpretive developments not present in the regulations.

The regulations are detailed and contain a number of practical traps for regulated parties. Below are concrete items drawn from the text that commonly cause non-compliance or disputes if overlooked.

1. The CEO controls forms, symbols and approvals. Multiple duties require compliance “in a manner and form approved by the CEO” or use “words and symbols approved by the CEO” (for example regs 6(d), 7(3), 8(3), 11(1)(c)(d), 12(2)). The regulatory duty is not merely to display words of a particular content; it is to display CEO-approved content and to use CEO-approved forms for notifications. If a provider uses an internally drafted form or signage that is not expressly CEO‑approved, that may not satisfy the regulatory requirement even if the wording is substantively similar. Check the CEO’s published approvals before acting.

2. Photographic evidence is mandatory for certain items. Reg 7(2) requires photographic evidence where a sign is required to be displayed at the relevant premises and for vehicle body condition details. The regulation does not specify resolution, metadata or time-stamp standards. Absent CEO guidance, photos that omit a time or place stamp, are low resolution or do not clearly show the required content may be treated as non-compliant. Keep originals with metadata and a chain of custody for evidentiary purposes.

3. The single-location retention rule. The towing service provider must hold all relevant records at a single location (reg 8(2)) and notify the CEO of that location before the first tow under any towing arrangement (reg 8(3)). Running distributed cloud storage without a declared single physical location may breach the single-location requirement. The regulation requires notification in CEO-approved form, so simply relying on an internal records policy without notifying the CEO is risky.

4. The 12-month retention and CEO’s 12-month limitation intersect. Records must be retained for at least 12 months (reg 8(1)), and the CEO cannot require records that relate to a tow more than 12 months before notice (reg 9(5)). Nevertheless, the provider must be able to produce relevant records within that 12-month window on short notice since the CEO can specify reasonable timeframes or ongoing schedules for production (reg 9(1)-(3)). Implement reliable retrieval systems that can produce records quickly within the specified time.

5. Passing on exemption notices has tight timeframes and penalties. If the CEO issues a written exemption for particular premises, the controller must give a copy to each towing service provider with which the controller has a towing arrangement within five business days (reg 12(6); penalty 50 PU). Those towing service providers must then give a copy to each requested or permitted tow truck driver within five business days (reg 12(7); penalty 50 PU). Chain-of-notice procedures must be documented and date-stamped to show compliance.

6. Signage requirements are precise and numerically driven for large regulated properties. A large regulated property must display a major sign at each vehicle entry point and near each pay machine or booth, and must display minor signs equal to at least one-tenth of parking bays rounded up, reasonably evenly distributed and positioned within 1 metre of the bay facing it (reg 11(3)). Miscounting parking bays or uneven distribution can breach the requirement. Also note the transitional relief that treated large regulated properties as small regulated properties until 31 March 2021 (reg 11(6)). After the transitional period, the stricter requirements apply.

7. Waiting period specifics. The statute imposes a minimum 60-minute waiting period (reg 13(1)), but the start point differs if the vehicle was authorised to park. If authorised, the 60-minute clock begins when the vehicle ceases to be authorised to park at the premises. If not authorised, the clock runs from when the vehicle was parked (reg 13(1)(a)-(b)). Practically, that creates fact-based disputes about when authorisation ceases (for instance, a timed permit that expires, a pay‑and-display permit, or signage may create different starting points). The regulation clarifies that authorisation includes agreements and permission by signs (reg 13(2)).

8. Telephone availability while towing and immediately after arrival. A towing service provider must ensure a person can be contacted on its enquiry number at all times when the vehicle is being towed and for at least 30 minutes after arrival at a storage yard (reg 15(1)(b)(ii)). If a tow occurs overnight or outside standard business hours, the provider’s staffing obligations could extend beyond 9 am-5 pm business day hours (reg 15(1)(b)(i)-(ii)). Plan staffing and notification systems accordingly.

9. Caps include GST and have rounding rules. The caps for on-site release ($100) and towing ($150) expressly include GST (regs 17 and 19). Storage charges use a per-day multiplier and rounding rules: days in storage are calculated by dividing the time the vehicle is in storage (rounded upwards to the nearest hour) by 24 and then rounding upwards to the nearest whole number (reg 20(2)). That rounding can materially affect billing, particularly for near-day thresholds.

10. Reg 4 exclusion for parking agreements and parking facilities. The regulation excludes Part 6A Division 3 from applying to towing exercised under a parking agreement in a parking facility (reg 4). Determining whether a scenario is a parking facility and whether the tow is under a parking agreement is essential. Misclassification may result in applying the wrong legal regime.

11. CEO publication and disclosure. The CEO may publish vehicle details obtained under s 97(1)(b) and disclose certain details to persons the CEO is satisfied are relevant persons (reg 10). Publication may expose customer data to wider audiences if the CEO elects to publish. Also, the regulation does not limit the content of disclosure to minimal fields; it specifies categories the CEO may publish or disclose (reg 10(1)-(2)).

12. No specification of sign content in the regulation text. The regulations require words and symbols “approved by the CEO” but do not specify them in the text (reg 11(1)(c)-(d), reg 11(4)(b)(i)-(ii)). Failure to obtain and use the exact CEO-approved content could render signage non-compliant even if signs are otherwise conformant in size and location.

These concrete items are procedural and evidentiary pinch points. Regulated parties should map operational processes against each requirement, maintain dated documentary evidence of compliance (time-stamped photos, notification receipts, emails), and confirm CEO-approved content and forms before proceeding.

Compliance requires translating the prescriptive elements of the regulations into administrative processes and documenting them. Below are practical, source-grounded steps mapped to specific regulatory provisions.

1. Map applicability and scope first.

• Determine whether Part 6A Division 3 of the Act applies to the towing or storage scenario (reg 14). Apply reg 4 to exclude cases where the towing is in exercise of a right under a parking agreement in a parking facility. Record your factual findings and the contractual basis for any parking agreement to justify applicability decisions.

2. Notifications to the CEO and record creation (regs 6-7).

• Before towing where s 97(1)(b) requires notification, ensure the CEO is provided with all prescribed details in reg 6(a)-(l): make, model, colour, plate characters, location of premises, storage yard name and phone, towing date/time, expected arrival time, name of controller and of any requester, steps taken to find a relevant person, tow truck driver name and tow truck plate characters, and the towing service provider’s phone number.
• Produce a record under s 97(1)(c) that includes all reg 7(1) items, including photographic evidence for signage presence and vehicle body condition (reg 7(2)). Use time-stamped photos, include metadata, and store originals securely.

3. Record retention and single-location notification (reg 8).

• Maintain a centralised records repository that constitutes the single specified location required by reg 8(2). Before the first tow under any towing arrangement, notify the CEO of the location in the CEO-approved manner and form (reg 8(3)). Keep a versioned record of the notification.
• If the records location changes, notify the CEO within seven days of the change in the approved manner (reg 8(4)). Maintain an internal log of such changes with dates.

4. Be ready to produce records on CEO notice (reg 9).

• Implement a records retrieval process able to satisfy a CEO written notice to produce records in the manner and timeframe specified (reg 9(1)-(3)). Keep records accessible for at least 12 months from each tow date (reg 8(1)), because the CEO cannot require records beyond that period (reg 9(5)) but may require ongoing provision within the 12-month window (reg 9(3)).

5. Signage compliance (regs 11-12).

• Classify properties as large regulated, small regulated or commercial car park using reg 11(1). For large regulated properties, install major signs at each vehicle entry and within 1 metre of pay machines; install minor signs equal to at least one-tenth of parking bays, reasonably evenly distributed and positioned at the end of bays within 1 metre and facing bays (reg 11(3)(a)-(b)). For small regulated properties, display sufficient signs so a reasonable person would see one before or when parking (reg 11(4)(a)).
• Obtain the CEO-approved words, symbols and layout specifications for major and minor signs and ensure signs are unobscured and readable (reg 11(1)(c)-(d), reg 11(5)).
• If compliance with reg 11(3)-(4) is impracticable, apply for an exemption to the CEO in the approved form (reg 12(1)-(2)). If granted, comply with any alternative conditions in the exemption and ensure distribution of any notice to relevant towing service providers and tow truck drivers within five business days (reg 12(5)-(7)).

6. Waiting period implementation (reg 13).

• Build into towing procedures the mandatory 60 continuous minute waiting period. For vehicles authorised to park, start the 60-minute clock from the time the vehicle ceases to be authorised; for unauthorised vehicles, from when the vehicle was parked (reg 13(1)(a)-(b)). Record start and end times clearly in records.

7. Telephone availability and information provision (regs 15-16).

• Maintain a dedicated telephone line for enquiries (reg 15(1)(a), 16(1)(a)). For towing service providers, ensure staffing so a person can be contacted between 9 am and 5 pm on business days and at all times when a vehicle is being towed and for at least 30 minutes after arrival at a storage yard (reg 15(1)(b)(i)-(ii)). For storage yard operators, ensure contactability between 9 am and 5 pm business days (reg 16(1)(b)).
• Train staff to provide callers who claim to be relevant persons with the precise information required: whether the vehicle is being towed or has been towed under the towing arrangement, storage yard destination and expected arrival if being towed, or confirmation of storage and location if not released (reg 15(2), 16(2)). Keep call logs with time-stamped notes that identify caller status and the information provided.

8. Fee caps and billing (regs 17, 19, 20).

• Ensure invoices and publicised fees do not exceed regulatory caps: on-site release $100 including GST (reg 17); towing $150 including GST (reg 19); storage charges as per reg 20: $25 per day for less than 15 days, and the specified formula for 15 days or more (reg 20(1)). Compute days in storage using the rounding rules in reg 20(2): round storage hours up to the nearest hour, divide by 24 and round up to the nearest whole day.
• Include GST in the headline amounts and calculate accordingly, as the caps expressly include GST (regs 17, 19, 20(1)).

9. Release procedures (reg 18).

• If releasing vehicles from storage outside the yard, follow reg 18(2) locations: paved area leading from the main entrance to an adjacent carriageway, a carriageway adjacent to the storage yard not more than 50 metres from a path leading to the main entrance, or if that is not lawfully possible, a carriageway as near as lawfully possible. Verify lawful compliance with the Road Traffic Code where carriageway placement is considered (reg 18(1)-(2)).

10. Documentation and evidence trail.

• Keep dated, time-stamped photographic and documentary evidence for sign placement, towing request timestamps, waiting period start/stop times, telephone enquiry logs and photographic records of vehicle condition (reg 7(1)-(2), reg 7(3)). Maintain a compliance binder for each towing arrangement showing CEO notifications, exemption notices, sign approvals, record location notifications and proof of timely notice distribution to towing service providers and tow truck drivers (regs 8(3), 12(5)-(7)).

11. Administrative liaison with the CEO.

• Register the approved forms and understand the CEO’s website publication practices (reg 10(2), reg 12(5)(b)). Keep copies of any CEO-published class exemptions and ensure those are distributed to contractors within the five business day windows required (reg 12).

12. Audit and periodic review.

• Conduct a compliance audit at least quarterly for record retention completeness, sign integrity, phone staffing schedules and fee billing. The CEO can require records and may publish details, so internal audits will materially reduce enforcement risk (regs 9, 10).

By converting each prescriptive reg into a documented business process with assigned responsibilities, date‑stamped evidence and CEO-form compliance checks, regulated parties can operationalise statutory compliance and reduce enforcement exposure.