Statement of Regulatory Intent - Tow truck operators

Purpose

This Statement of Regulatory Intent sets out the compliance and enforcement approach of NSW Fair Trading to Category B Tow Truck Operators who provide roadside assistance but also engage in limited accident towing work following a minor accident.  

Under the circumstance and requirements as set out in this Statement, NSW Fair Trading will not take action against Category B Tow Truck Operators in regard to the following provisions:

• The provisions of the Tow Truck Industry Act 1998 relating to obligations for Category A licensed Tow Truck Operators, including sections 20, 49, 60 and 65
• The provisions of the Tow Truck Industry Regulation 2020 relating to obligations for Category A licensed Tow Truck Operators, including Part 4 and sections 33, 36, 76, 79.

Enforcement Approach

Category B licensed Tow Truck Operators that operate as roadside assistance organisations will be permitted to engage in accident towing work under the following circumstance:

• A minor accident has occurred where the vehicle being on the road causes danger or significant risk to persons, vehicles, or other traffic on the road.
• A minor accident is an accident involving only one vehicle where the vehicle is still intact but cannot be driven, and there is no debris caused by, or relating to, the motor vehicle at the scene of the minor accident.

In this circumstance, the Category B Tow Truck Operator must comply with the following requirements:

• The Category B Tow Truck Operator is only permitted to tow the vehicle to a minimum safe distance to mitigate the danger or significant risk. This is the location where the vehicle can then be assessed and the next actions to take can be identified. The vehicle will then need to be towed by a Category A Tow Truck Operator where a Towing Authorisation form will need to be completed.
• The Category B Tow Truck Operator is not required to obtain a towing authorisation for the accident towing but must make a record of the incident including date, time, location, vehicle registration number and nature of danger or significant risk.
• No charge or fee is levied to the owner/driver of the vehicle for the towing work.

NSW Fair Trading will take an educational approach to compliance to provide guidance on the necessary steps to remain compliant. 

NSW Fair Trading reserves the right to vary its approach as appropriate to the circumstances.

Natasha Luschwitz
A/NSW Fair Trading Commissioner
18 December 2025