Tow Truck Industry Regulations & Legal Framework
Australia’s tow trucking industry is heavily regulated.
Operators and drivers must comply with strict licencing, accreditation and conduct rules under both State legislation and the Heavy Vehicle National Law.
If you’ve received an Infringement Notice, Notice to Produce or Court Attendance Notice relating to tow truck operations, you’re not alone.
Our Tow Truck Defence Lawyers defend tow truck drivers and businesses across Australia.
We are the only Australian law firm that specialises exclusively in Heavy Vehicle Law.
Common Tow Truck Offences and Penalties
Authorities regularly issue fines, suspensions and Court Attendance Notices for alleged tow truck and heavy vehicle law breaches.
The most common offences include:
- Operating a tow truck without a valid licence
- Breaching licence or accreditation conditions
- Using an unaccredited or unregistered tow vehicle
- Unsafe or improper towing practices
- Failing to meet fatigue management requirements
- Failing to comply with mass, load or dimension requirements
- Failing to maintain or produce required records
- Misconduct at accident scenes or misuse of “first on scene” advantage
- NHVR Prosecutions involving fatigue, load restraint or maintenance breaches
These matters are taken very seriously. Even a single offence can lead to loss of accreditation, suspension of your licence or significant fines.
How the NHVR and State Authorities Enforce Tow Truck Laws
Tow truck operators are unique in that they are subject both to the NHVR and to state-based regulators.
Investigation can begin with a roadside stop, weighbridge inspection or customer tipoff. From there, authorities can escalate to:
- Notices to Produce requiring company or driver records
- Improvement Notices demanding operational changes
- Suspension or cancellation of accreditation or licence
- Court Attendance Notice if an alleged breach is discovered
These investigations often move quickly.
If you are served with any of the above documents, call Highway Advocates immediately for advice as to your options.
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Tow Truck Laws by State
New South Wales
NSW has the toughest and most strictly enforced tow truck regime in Australia. NSW is regulated under the Tow Truck Industry Act 1998 and the Tow Truck Industry Regulation 2020.
The focus here is on accident scene conduct and licence integrity. We’ve seen small complaints and tipoffs lead to big fines.
Operators must ensure all their drivers hold valid certificates, that accident allocation zones are respected, and that no ‘first on scene’ advantage is exploited.
Queensland
Queensland’s Tow Truck Act 2023 and Tow Truck Regulation 2024 is heavily centred on vehicle safety and accreditation compliance.
Authorities are known to regularly conduct audits targeting mechanical standards and fatigue management.
Drivers need to make sure their logbooks and records are meticulously filled out.
Victoria
Under the Accident Towing Services Act 2007 and the Accident Towing Services Regulations 2019, Victorian authorities focus heavily on operator conduct and post-accident vehicle handling.
Many enforcement actions stem from how vehicles are stored, invoiced and released.
Operators must ensure transparent pricing, secure storage and proper accident allocation compliance, or risk serious penalties.
Defending Tow Truck Operators and Businesses
When the NHVR or a state authority comes after your business, you need experienced tow truck lawyers who understand both the legislation and the industry.
At Highway Advocates, we defend tow truck drivers, operators and companies across Australia.
We understand how investigations unfold — and how to intervene early to protect your accreditation, your vehicles and your reputation.
We assist clients to:
- Defend against NHVR or state tow truck prosecutions
- Respond to Notices to Produce and Improvement Notices
- Protect or reinstate towing licences and accreditation
- Negotiate reduced fines or alternative outcomes
- Minimise business disruption and reputational harm
When your livelihood is on the line, we know how to fight back.
Why Tow Truck Operators Choose Highway Advocates
At Highway Advocates, we are the only Australian law firm that specialises exclusively in Heavy Vehicle Law – and the only law firm founded by a truck driver.
That gives us a rare mix of legal expertise and real-world industry knowledge.
We know how tow truck operations actually work, the pressures operators face and how quickly a simple administrative mistake can be weaponised into an offence.
We don’t judge operators – we defend them.
Our mission is simple: Keeping you on the road where you belong.
Frequently Asked Questions
Tow truck operations are regulated by both state-based tow truck legislation and the Heavy Vehicle National Law (HVNL). Each state has its own licensing and accreditation scheme, and operators must comply with both sets of requirements.
Yes. Serious NHVR or state-based breaches can lead to disciplinary action against your tow truck licence or accreditation, even if the offence wasn’t directly related to towing.
Yes. It is a serious offence to not comply with a Notice to Produce. For more information see our page on Notices to Produce.
Act quickly. In many cases, we can appeal or challenge the suspension, or negotiate for reinstatement. The sooner you contact us, the better your chances of keeping your business on the road.
You should contact a lawyer as soon as you receive a fine, notice, or communication from the NHVR or your state tow truck authority. Early legal advice can prevent prosecution or reduce penalties.
At Highway Advocates, we can take over all dealings with the regulator and protect your business from further risk. Call us now on 0488 01 01 01.