Can a Tow Truck Legally Refuse to Tow Your Car? Victoria Rules Explained

Tow truck operators aren't obligated to take on every job that comes their way. In Victoria, one of the most common legitimate reasons for refusal is payment. If you can't pay for the tow at the time it occurs, the driver may refuse to take your vehicle to your chosen destination. Instead, they can agree to tow it to their own depot and hold it there until the outstanding charges are settled.

Operators can also refuse a job if the vehicle poses a safety risk to load or transport, if it exceeds the truck's rated capacity, or if the request falls outside what their licence actually covers, since different tow trucks in Victoria are accredited for different types of towing. Knowing what a fair charge looks like also helps here, so see our guide on hidden fees to compare before you're caught off guard.

• A driver can refuse to tow to your destination if you can't pay on the spot, and take the vehicle to their depot instead.
• Operators can decline a job that's unsafe to load or beyond their truck's licensed capacity.

On the flip side, Victoria's Accident Towing Services Act 2007 exists specifically to stop operators from taking advantage of drivers in vulnerable situations, such as immediately after a crash. Once your vehicle has arrived at a depot and you've paid all outstanding towing and storage charges, the operator cannot legally refuse to release it back to you. They also can't demand you commit to using their repair shop, and they can't pressure you into signing anything before you're ready, since touting for repair work at an accident scene is specifically prohibited under Victorian law. This is exactly the kind of situation our emergency tow truck team handles properly, day or night.

This is where a lot of drivers get caught out. Metropolitan Melbourne, the Mornington Peninsula, and Geelong operate under what's known as a controlled area system, where accident tow trucks are allocated through a centralised dispatch centre rather than turning up speculatively at the scene. In these areas, you'll generally be assigned an accredited tow truck rather than choosing one yourself on the spot.

Outside these controlled areas, including much of regional and rural Victoria, drivers actually have the right to choose their own towing operator. Police can ask you to clear the road quickly if your vehicle is a hazard, but they can't force you to use a specific commercial towing company. For another example of how police involvement plays into a towing situation, see our police warning caravan safety guide.

• Inside Melbourne, the Mornington Peninsula and Geelong: tow trucks are allocated through a controlled dispatch system.
• Outside these areas: you have the right to choose your own towing operator, even though police can direct you to clear the road.

It works both ways. Drivers generally have the right to decline the tow truck dispatched to an accident scene and call a company of their own choosing instead, which can help avoid premium rates charged by some dispatched services. That said, if your car is blocking traffic or creating a genuine safety hazard, authorities can insist it be moved immediately, and refusing at that point isn't really an option. If you walk away and leave a damaged vehicle on the road, it can also end up being treated as abandoned. This is one more reason it pays to know why a professional towing service is worth calling on your own terms, rather than leaving the decision to chance.

If you believe a tow truck operator acted outside their authority, whether that's continuing to load a vehicle after being told to stop, charging fees they can't explain, or refusing to release your car once you've paid, you're entitled to ask for a copy of the authority to tow, which sets out exactly what you agreed to and what you're being charged for. Every legitimate accident tow in Victoria requires this signed authority before the vehicle is moved, and if you're not in a position to sign it yourself, a police officer or Department of Transport and Planning officer can sign on your behalf. Disputes like this are also why it's worth understanding the towing mistakes that can cost you a fine before you're ever in that position.

The simplest way to avoid disputes altogether is choosing a towing company that's upfront about pricing, licensed properly for the job, and willing to explain your options before anything gets loaded. A reputable operator will always talk you through the authority to tow, confirm costs before you're charged, and never pressure you into a repair shop you haven't chosen yourself.

• Ask for the authority to tow before your vehicle is loaded, and confirm all charges upfront.