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Tow Truck (Towing from Private Property) Amendment Bill 2017
Tow Truck (Towing from Private Property)
Amendment Bill 2017
Explanatory Notes
Short title
The short title of the Bill is the Tow Truck (Towing from Private Property) Amendment Bill
2017 (the Bill).
Policy objectives and the reasons for them
In Queensland, the towing of a motor vehicle from the scene of a crash on a road (accident
towing) is regulated by the Tow Truck Act 1973 and Tow Truck Regulation 2009.
All other forms of towing, including the removal of vehicles and associated fees from private
property, are not currently subject to these regulations.
Property owners currently have a common law right to deal with vehicles parked on private
land. These rights apply where vehicles are trespassing or if vehicle owners do not obey the
terms and conditions for parking on the land which are usually displayed on a sign.
Owners/Managers of private parking areas frequently arrange for tow truck operators to
remove vehicles on their behalf.
There has been increasing community discontent and recent media attention surrounding
practices involving the removal of parked motor vehicles from private property. Common
issues raised include:
• motor vehicles being removed without the owner's permission, which has left
vehicle owners stranded and feeling vulnerable;
• the level of fees being charged by the tow truck operator (between $400 - $1000);
• the absence, lack of clarity or poor placement of signage outlining the terms and
conditions of parking;
• vehicles having to be retrieved from the tow truck operator sometimes many
kilometres away;
• the behaviour or other conduct of the tow truck driver;
The Palaszczuk Labor Government has concluded a three-month inquiry into tow truck
practices headed up by former District Court Judge Michael Forde. For many Queenslanders,
the review is symptomatic of a do-nothing government. In contrast, the Liberal National Party
Opposition has listened, planned and is acting in the best interests of Queenslanders.
The Bill amends the Tow Truck Act 1973 with the purpose of expanding existing requirements
on accident towing to towing from private property.
The provisions in the Bill are intended to protect vehicle owners being towed from private
property and clarify the responsibilities of all parties.
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Tow Truck (Towing from Private Property) Amendment Bill 2017
The Bill will seek to do the following:
• Create a head of power for setting towing fees from private property. A regulation will
be able to set the maximum fee that can be charged for towing and storing a motor
vehicle. The Minister will be able to set different fees for metropolitan and non-
metropolitan areas.
• Create a head of power to regulate the distance a vehicle can be towed without the
vehicle owner's written consent. The amendments to the Tow Truck Act 1973, will
allow the Minister to prescribe a maximum distance a vehicle from private property can
be towed without the vehicle owner's written consent.
• Set minimum signage standards
• Expand consideration of an appropriate person to hold a tow truck licence to include
complaints made against a person when performing the activities under the Act.
• Create an obligation for the Chief Executive to establish a complaints management
process for operations that occur under the Act and publish statistics annually about the
number of complaints received against tow truck licence holders and the outcome of
these complaints.
Alternative ways of achieving policy objectives
Amending the Tow Truck Act 1973 has been considered the best way of achieving the policy
outcomes of the Bill.
Consultation
Liberal National Party Members of Parliament have consulted local constituent concerns
regarding this issue.
The Queensland Law Society was also consulted on a draft of the Bill. While raising issues of
clarification on provisions contained in the Bill, correspondence from the Queensland Law
Society to the Office of the Leader of the Opposition was broadly supportive of the proposed
amendments, stating:
"The Society has previously advocated for standards to be imposed on tow truck drivers and
for the introduction of set fees that represent the real cost of towing a car, thereby removing
financial incentives for nefarious activity. Such fees should be comparable to fees to which
proper contractors charge for removal from clear ways."
Notes on provisions
Clause 1 states that this Act may be cited as the Tow Truck (Towing from Private Property)
Amendment Act 2017.
Clause 2 states that this Act amends the Tow Truck Act 1973.
Clause 3 adds to the long title of the Tow Truck Act 1973, reflecting the additional provisions
regarding signage in this bill.
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Tow Truck (Towing from Private Property) Amendment Bill 2017
Clause 4 amends section 4C of the Tow Truck Act 1973 and allows for the chief executive to
consider complaints made about a person when determining who an appropriate person is to
hold a licence or certificate.
Clause 5 amends section 12 of the Tow Truck Act 1973. The clause allows for a regulation to
set the maximum distance a vehicle may be towed from private property. The clause also allows
to a regulation to prescribe a maximum fee or charge for being towed from private property.
The clause makes exemptions from the regulations for when the written consent of the owner
is obtained.
The regulations described in the clause may prescribe difference distances or charges
depending on the location from where the vehicle is being towed. Clause 5 provides a definition
of private property being a place that is not open to the public.
Clause 6 inserts new sections 21I and 21J into the Tow Truck Act 1973. New section 21I applies
to a person who in in control of or responsible for managing a private car park and authorizes
a tow truck licence holder to tow vehicles from the car park. That person must ensure warning
signs are installed and a clearly visible to motorists and that the signs state the conditions by
which a vehicle might be towed from the property.
New section 21J applies to a tow truck licence or certificate holder and requires them not a tow
a vehicle unless the owner's consent is acquired or warning signs are installed as per s21I.
Clause 7 inserts a new part 6A into the Tow Truck Act 1973. New Part 6A requires the chief
executive to establish and maintain a tow truck complaints management process which will
apply to holders of a tow truck licence or certificate. The chief executive must also publish
annual statistics about the number of complaints received and the outcome of each.
Clause 8 is a consequential renumbering as a result of the amendments to s12.
Clause 9 creates transitional provisions for the amendments outlined in this Bill. This ensures
the obligation on a tow truck licence holder not to charge more than the maximum fee or to
tow a vehicle further the maximum distance binds new and existing licence holders after the
passing of the Bill.
Clause 10 creates a Dictionary definition for 'relevant car par' separate from the definition
created in the Transport Operations (Road Use Management) Act 1995.
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