New legislation to reform the towing industry

Published Tuesday, 22 August, 2017 at 04:24 PM

Acting Minister for Main Roads, Road Safety and Ports and Minister for Energy, Biofuels and Water Supply
The Honourable Steven Miles

The Palaszczuk Government today introduced legislation into Parliament to overhaul the towing industry.

Acting Main Roads and Road Safety Minister Steven Miles said the legislation implemented all of the recommendations of the independent investigation into the towing industry led by former District Court Judge Michael Forde.

“This legislation will deliver on the Palaszczuk Government’s commitment to put an end to rogue towing operations ripping-off Queenslanders,” Mr Miles.

“This Bill will regulate private property towing, as well as ensuring all drivers are accredited, trucks licensed and importantly fees will be capped.

Mr Miles said one of the biggest issues to come out of the investigation were the excessive fees charged by these rogue operators.

“Queensland will be the first state in the country to cap fees for towing from private carparks.

Under the legislation, fees will be capped at $150 if the vehicle is released onsite and $250 for a standard tow from private carparks, including three days storage – with additional storage fees to be capped at $25 per day.

$348 will remain the cap for crash towing.

The key reforms delivered by the legislation include:

  • requiring that private property towing may only be performed in regulated areas by accredited drivers and assistants using licensed tow trucks
  • increasing the penalties for operating a tow truck without a licence or accreditation
  • setting maximum towing fees for a standard private property tow ($250), the onsite release of a vehicle ($150) and storing a vehicle ($25 per day)
  • imposing conduct requirements on tow truck operators and drivers to ensure fair, reasonable and professional towing practices
  • requiring towing operators to notify the Queensland Police Service as soon as practicable after removing a vehicle from private property
  • safeguarding motorists’ privacy by restricting the disclosure of information about private property towing
  • allowing tow truck licences and accreditations to be issued for one to five years, with scaled fees depending on the length of the term.

“We all have a responsibility to park legally but what this does is make sure motorists will no longer be tricked, intimidated and ripped-off when their vehicle gets towed,” Mr Miles said.

“I want to thank former District Court Judge Michael Forde for carrying out the investigation, consulting extensively with towing operators, private property occupiers, motorists and government and non-government bodies and organisations to put together the extensive report that informed this legislation.”

To view the report and the 22 recommendations -www.tmr.qld.gov.au/towingindustryinvestigation

The Tow Truck and Other Legislation Amendment Bill will also make amendments to Tolling demand notices. The changes will provide toll road operators with the flexibility to issue a single demand notice for multiple unpaid tolls, rather than requiring individual demand notices to be issued for each unpaid toll.

“This amendment means motorists who don’t have a tag and travel on a toll road multiple times will receive a single demand notice for multiple unpaid fines, streamlining the operator’s processes and minimising fees for motorists” he said.

The Youth Justice Act 1992 will also be amended to ensure 17-year old drivers remain subject to driving offences and infringement notices and that demerit points can be recorded on their traffic histories after imminent changes to youth justice legislation take effect.

ENDS

Media contact:          Amy Hunter – 0423 651 484