Tow Truck and Other Legislation Amendment Bill 2018
Plain English Summary
Overview
This bill regulates the tow truck industry's removal of vehicles from private property, reinstates driving offence accountability for 17-year-olds, and simplifies toll road demand notices. It was prompted by an independent investigation into predatory towing practices at private car parks across Queensland.
Who it affects
Motorists who park on private property gain new protections including capped towing charges and a requirement that operators try to find the vehicle owner before towing. Tow truck operators face stricter licensing, conduct rules and significantly increased penalties.
Private property towing
Creates a regulated framework for towing vehicles from private property such as shopping centres and apartment complexes. Operators must be licensed, follow strict conduct rules, and charge no more than set maximums. Motorists' personal information is protected and operators must notify police after each tow.
- Tow truck operators must hold a licence and driver/assistant certificate to tow from private property in regulated areas
- Maximum charges capped at $250 for a standard tow, $150 for on-site release, and $25 per day for storage
- Call-out fees, administration fees and other add-on charges are banned
- Operators must take reasonable steps to find the vehicle owner before loading the vehicle
- If the owner is found after loading but before leaving, on-site release must be offered for $150 or less
- Police must be notified within one hour of a private property tow
- Penalties for operating without a licence increased to 160 penalty units
Youth driving offences
Reinstates the penalty regime for 17-year-old drivers that existed before they were moved into the youth justice system. This ensures they remain subject to mandatory licence disqualification for serious offences and that unpaid traffic fines can be enforced through SPER.
- 17-year-olds face mandatory licence disqualification for serious driving offences, same as adults
- Unpaid traffic infringement notices for demerit point offences can be enforced through SPER
- Existing SPER debts for 17-year-olds registered before the youth justice changeover can continue to be enforced
Toll road demand notices
Allows toll road operators to combine multiple unpaid tolls into a single demand notice with only one administration charge, reducing costs for motorists who accumulate several unpaid tolls.
- Multiple unpaid tolls can be aggregated on a single demand notice with only one administration charge
- State toll roads and local government tollways can be combined on one notice
- Image processing fees are clarified as a component of user administration charges
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Introduced15 Feb 2018View Hansard
▸1 procedural vote
Vote to grant leave
Procedural vote on whether to allow the Minister for Transport to incorporate the remainder of his introductory speech into the Record of Proceedings rather than reading it aloud. The LNP voted against granting leave.
Permission was granted.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.
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Ayes (53)
Noes (39)
▸Committee15 Feb 2018View Hansard
Referred to Transport and Public Works Committee
The Transport and Public Works Committee examined the Tow Truck and Other Legislation Amendment Bill 2018 and recommended it be passed. The bill addressed three main areas: private property towing reforms based on recommendations from an independent investigation by former District Court Judge Michael Forde, toll road demand notice administration fees, and youth driving offence provisions to ensure 17-year-olds remain accountable under the demerit point and SPER systems. The committee noted stakeholder concerns about the undefined term 'reasonable steps' for locating motorists before towing, and the Queensland Law Society's objections to treating 17-year-olds as adults for driving offences.
Key findings (5)
- The private property towing reforms were based on recommendations from an independent investigation conducted by former District Court Judge Michael Forde.
- Tow truck drivers would be required to take reasonable steps to locate a motorist before loading their vehicle, though 'reasonable steps' was not formally defined in the bill.
- The tow truck provisions applied only to prescribed regulated areas in South East Queensland and along the east coast.
- The Queensland Law Society raised concerns about retaining adult treatment of 17-year-olds for driving offences under the demerit point and SPER systems.
- The department advised that implementation of the towing provisions would require approximately three weeks after passage for industry communication and system changes.
Recommendations (2)
- The committee recommends the Tow Truck and Other Legislation Amendment Bill 2018 be passed.
- The committee recommends that the Minister consider amending Clause 31 to require toll road operators to issue one aggregated demand notice, with only one administration fee, for multiple deferred toll amounts accumulated over a number of days.
Committee report tabled
▸Second Reading7 Mar 2018View Hansard
▸22 members spoke22 support
Supported the bill but noted its shortfall in addressing mandatory signage and limiting towing distances. Acknowledged the bill covers similar ground to the LNP's private member's bill introduced by the member for Glass House.
“We will not oppose the bill, but as I mentioned we note its shortfall in addressing mandatory signage and limiting towing distances.”— 2018-03-08View Hansard
Moved the second reading as Minister for Transport, outlining the bill's provisions to regulate private property towing including fee caps, licensing requirements, and conduct standards based on the Forde investigation.
“Perhaps the most recurring complaint relating to private property towing was excessive charging. The investigation revealed 74.4 per cent of complainants were charged more than $500 to regain their vehicle, with at least one report of a person being charged $920.”— 2018-03-07View Hansard
Supported the bill, welcoming its regulation of private property towing and noting the importance of clarity around signage and the protection of legitimate tow truck operators.
“When Minister Bailey introduced this legislation I thought it was well and truly about time we sorted out some of the issues that we have seen here in Queensland in relation to the tow truck industry.”— 2018-03-08View Hansard
Supported the bill as shadow minister for transport, acknowledging the quality of the Forde investigation recommendations while raising concerns about enforcement and compliance follow-up.
“This is a fairly uncontroversial bill. We do not believe in opposing just to score cheap political points. The people of Queensland are tired of this old, dated approach.”— 2018-03-07View Hansard
Supported the bill as a step in the right direction but credited the LNP and the member for Glass House with driving the reforms. Highlighted the bill's provisions on licensing, fee caps, and 17-year-old driving offences.
“Whilst this legislation is a step forward in the right direction we are only really here addressing this issue because of the leadership shown by the Liberal National Party and the great work undertaken by the member for Glass House.”— 2018-03-08View Hansard
Spoke as committee chair, noting the committee unanimously recommended the bill be passed and that it was substantially the same as the lapsed bill from the 55th Parliament.
“Our committee decided unanimously in our report that this bill should be passed.”— 2018-03-07View Hansard
Supported the bill, arguing it strikes the right balance between protecting motorists from predatory towing practices and preserving private property owners' rights to remove unauthorised vehicles.
“This legislation is about striking a balance between those who park in a private area where they are not using a business or service and those who wish to ensure that people can use their business or service by having parking conveniently close by.”— 2018-03-08View Hansard
Supported the bill as a committee member, raising concerns about signage requirements for elderly motorists and the need to modernise SPER's use of technology for address verification.
“I have had a number of complaints from people who have driven to Brisbane, parked somewhere where there is no signage and their car has been towed 25 kilometres away.”— 2018-03-07View Hansard
Supported the bill, acknowledged professionalism of most tow truck operators, and credited the member for Glass House with agitating for changes. Welcomed SPER measures to address unpaid fines.
“As has been said, and most recently by the member for Moggill, the LNP will not be opposing the changes that are contained in this bill.”— 2018-03-08View Hansard
Supported the bill, noting his tow truck operator constituents also want rogue operators removed from the industry. Highlighted the tripling of penalties for unlicensed tow truck operations.
“I also have constituents who are towies and they have told me that they support the bill because they want the cowboys out of the industry.”— 2018-03-07View Hansard
Strongly supported the bill, sharing her personal experience of being charged $650 cash for a 20-minute parking violation in Fortitude Valley and welcoming the fee caps and licensing requirements.
“I have to confess that one night I got caught myself in Fortitude Valley. I was attending a meeting. I know my area extremely well.”— 2018-03-08View Hansard
Supported the bill but argued Labor's version was inferior to his private member's bill, criticising the government for not regulating car park signage or imposing maximum towing distances.
“The Palaszczuk Labor government's bill continues to be deficient in two areas.”— 2018-03-07View Hansard
Supported the bill as a former committee member, welcoming the fee caps and toll demand notice aggregation provisions but expressing concern that the bill does not limit the distance vehicles can be towed.
“I am happy to support the legislation. I thank the committees and the committee secretariats for their hard work in putting together these reports.”— 2018-03-08View Hansard
Supported the bill, emphasising the importance of criminal history checks for tow truck operators and the extensive stakeholder consultation that informed the legislation.
“Based on this extensive consultation, it is the view of this government that this bill strikes the correct balance between the rights and responsibilities of private landowners, the rights of vehicle owners and the interest of the tow truck industry itself.”— 2018-03-07View Hansard
Supported the bill, highlighting the conduct requirements to prohibit intimidating behaviour by tow truck operators and the setting of maximum towing charges to stop exploitation of motorists.
“By setting maximum towing charges there will now be an expectation and an understanding by the community and motorists of what the absolute maximum penalty is for the towing of vehicles in the event of being illegally parked.”— 2018-03-08View Hansard
Supported the bill but accused Labor of copying the LNP's private member's bill and taking credit for reforms driven by the opposition.
“This bill is just the latest example of Labor handing in the LNP's homework and trying to take the credit.”— 2018-03-07View Hansard
Supported the bill, speaking specifically about the provisions retaining the penalty regime for 17-year-old drivers, citing road safety statistics showing they are six times more likely to be killed driving than learner drivers.
“These 17-year-olds are six times more likely to be killed driving than learner drivers and twice as likely to be killed as other drivers.”— 2018-03-08View Hansard
Supported the bill, sharing his personal experience of being charged $660 for having his car towed from a Gold Coast hotel car park and welcoming the fee caps and conduct requirements.
“I saw how easily you will shell over money to get your car back, and I saw how easy it is for a private car park owner to set up a system that routinely separates parkers from their money.”— 2018-03-07View Hansard
Delivered the minister's reply, defending the thoroughness of the Forde investigation and the bill's balanced approach to regulating private property towing, capping fees, and licensing operators.
“This is a case of proper policy, not posturing, by the Palaszczuk government on a very difficult issue that no other government has dealt with before.”— 2018-03-08View Hansard
Supported the bill and commended parliament for acting, while noting it was disappointing the government had not considered the member for Glass House's private member's bill cognately. Praised regional tow truck operators.
“This has been a long time coming. We all remember this issue being raised by the media in the last parliament.”— 2018-03-07View Hansard
Supported the bill, detailing the fee cap structure and the enforcement powers given to authorised officers including power to enter premises and search for documents.
“The Palaszczuk government is all about making things easier while also protecting Queenslanders, and that is exactly what the changes in this bill will achieve.”— 2018-03-07View Hansard
Began his contribution supporting the bill before adjourning the debate, commending the shadow minister and the member for Glass House for driving the reforms.
“I say to the member for Glass House that he can take solace in the knowledge that his contribution has made a difference.”— 2018-03-07View Hansard
▸In Detail8 Mar 2018View Hansard
That the amendment be agreed to
Division unrelated to the Tow Truck bill debate, which was adjourned at the end of this sitting day.
The motion passed.
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Ayes (48)
Noes (41)
That the motion, as amended, be agreed to
Division unrelated to the Tow Truck bill debate, which was adjourned at the end of this sitting day.
The motion passed.