Tow Truck Bill 2023

Introduced: 13/6/2023By: Hon M Bailey MPStatus: PASSED

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced13 June 2023View Hansard
First Reading13 June 2023View Hansard
Committee13 June 2023 – 26 Oct 2023View Hansard

Referred to Transport and Resources Committee

Second Reading25 Oct 2023 – 26 Oct 2023View Hansard
25 members spoke23 support2 mixed
11.16 amMs PUGHSupports

Supported the bill's maximum fee provisions, arguing they protect vulnerable motorists from excessive charges while maintaining industry viability.

I am really pleased to speak about the maximum fee provisions in the bill... The maximum fee ensures motorists are paying a fair amount and do not need to consider competing quotes at what can be a very stressful time.2023-10-26View Hansard
3.28 pmHon. MC BAILEYSupports

As Minister for Transport, introduced and commended the bill as delivering a modern tow truck scheme that protects motorists while supporting a responsive, efficient and safe industry.

This bill provides a modern legislative framework that supports a responsive, efficient and safe tow truck industry while delivering positive outcomes for the community.2023-10-25View Hansard
11.21 amMr POWERSupports

Praised the bill for setting fair regulated fees and highlighted the important role tow truck operators play in anti-hooning efforts and road safety.

We work with the tow truck drivers and we set fair and regulated fees... I say that these laws are important and I say that the partnership we have with companies such as Harvey's Towing, which tows hoon cars off the streets of Logan, is important in our Queensland society.2023-10-26View Hansard
3.43 pmMr MINNIKINSupports

As Shadow Minister, stated the LNP will not oppose the bill but raised concerns about rushed consultation, five-year delay after reviews, and penalties for vehicle damage that may increase accident clearance times.

We will not be opposing the passing of the bill, but I want to use my time as the shadow minister to highlight some of these concerns.2023-10-25View Hansard
11.31 amMr MELLISHSupports

Supported the bill as achieving the right balance between commercial interests and consumer protection, particularly the maximum fee provisions.

I support the bill. I think it is an outstanding bill. Well done to the minister and to the committee for its inquiry and recommendations.2023-10-26View Hansard
3.59 pmMr KINGSupports

As committee chair, supported the bill to modernise the 50-year-old legislation and described tow truck operators as 'heroes of the highway' while noting the committee's recommendations for natural justice safeguards and an industry peak body.

I just have to say that they are more like the heroes of the highway. When I heard that I thought it was a little bit unfair, because they are out there doing a job and they are trying to keep us safe and get us home safe.2023-10-25View Hansard
11.37 amMr LANGBROEKMixed

Acknowledged the importance of the bill but raised concerns about inadequate consultation, unclear criteria for appropriate persons, and potential issues with undesirable behaviours not addressed in the legislation.

The opposition acknowledges the importance of passing the bill but is committed to highlighting the industry's concerns. These concerns pertain, as I have mentioned, to the lack of consultation, the potential issues within the legislation and the timeliness of the proposed changes.2023-10-26View Hansard
4.08 pmMr MILLARSupports

As committee deputy chair, supported the intent of the bill but expressed concerns about lack of consultation with regional operators, reversed onus of proof provisions, and new penalties for vehicle damage that may discourage attendance at stranded EVs.

The committee recommended that the bill be passed despite these reservations. Similarly, the LNP supports the intent of the bill.2023-10-25View Hansard
11.44 amMr SKELTONSupports

Supported the bill for modernising the tow truck scheme, maintaining the regulatory framework while improving structure, terminology and penalties.

I rise to speak in support of the Palaszczuk government's Tow Truck Bill 2023... this bill modernises Queensland's tow truck scheme and makes it fit for purpose.2023-10-26View Hansard
4.18 pmMs PEASESupports

Supported the bill as a significant step forward in protecting vulnerable motorists and the tow truck industry, highlighting the importance of tow truck operators as first responders.

This bill represents a significant step forward in the Palaszczuk government's ongoing commitment to supporting vulnerable motorists and the tow truck industry.2023-10-25View Hansard
11.54 amMrs GILBERTSupports

Commended the bill for protecting vulnerable motorists while supporting the professional tow truck industry, emphasising the need to stamp out bribery and incentive practices.

I would like to send a shout-out to the hardworking tow truck drivers and companies who do a professional and skilful job in high stress situations. We need to protect the reputation of these great people and their businesses, especially those people who are doing the right thing.2023-10-26View Hansard
4.25 pmMr WALKERSupports

Supported the bill as necessary modernisation of the 1973 act, detailing the increased penalties for various offences and improved accountability measures for the industry.

The Tow Truck Act 1973 will be replaced by the Tow Truck Bill 2023. As I said earlier, it will modernise the tow truck industry in Queensland and address emerging operational concerns.2023-10-25View Hansard
12.04 pmHon. MT RYANSupports

Supported the bill as achieving the right balance between industry viability and protection of vulnerable motorists, particularly strengthening bribery protections.

This bill gets the balance right. It achieves a good balance between ensuring that our roads get cleared in good time and that there is an appropriate response to the needs of occupants of the vehicles who have been involved in traffic crashes or incidents.2023-10-26View Hansard
4.34 pmMr MARTINSupports

Supported the bill as striking the right balance between supporting the tow truck industry and providing improved outcomes and protections for motorists, echoing that tow truck operators are 'heroes of the highway'.

I am confident that this bill strikes the right balance between supporting the tow truck industry to deliver efficient and effective services as well as improved outcomes and protections for motorists.2023-10-25View Hansard
12.14 pmDr ROWANMixed

Supported the bill's objectives to enhance safety and modernise the tow truck scheme but criticised the government's failure to adequately consult with industry stakeholders.

It is disappointing to note a number of significant issues which were canvassed that appear to jeopardise such important objectives. In particular, I note the feedback received which highlighted concerns in relation to not only the state Labor government's time line in bringing these changes to Queensland's tow truck scheme but also Labor's failure to adequately listen and consult with affected stakeholders.2023-10-26View Hansard
4.44 pmMr HEADSupports

Supported the committee recommendation to pass the bill but criticised the five-year delay after reviews, limited consultation, and inconsistent 'appropriate person' determinations for accreditation.

The committee recommended that the Tow Truck Bill be passed.2023-10-25View Hansard
12.23 pmMs LUISupports

Supported the bill as a necessary modernisation of 50-year-old legislation, praising the extensive consultation process with industry and community.

The existing legislation is 50 years old and very outdated. Now is probably a really good time to make the appropriate changes to modernise and strengthen this outdated legislative framework to suit the current climate.2023-10-26View Hansard
4.54 pmMr SAUNDERSSupports

Commended the bill as good legislation addressing bribery and incentives, and praised tow truck operators as first responders and highway traffic heroes.

In all, this bill is a good bill and the committee has worked hard.2023-10-25View Hansard
12.31 pmHon. MC BAILEYSupports

As the Minister introducing the bill, defended the extensive consultation process and the bill's balanced approach to protecting vulnerable motorists while supporting industry viability.

Being in a traffic crash can be a traumatic event and for the average Queenslander it is thankfully one that is not experienced on a regular basis. If they find themselves in such a situation, having an accredited tow truck driver to attend the scene, load their vehicle and get it safely towed to a secure location alleviates some of the distress Queenslanders face in these circumstances.2023-10-26View Hansard
6.12 pmMr HEALYSupports

Supported the bill after consulting with local tow truck operators in Far North Queensland who were satisfied with the consultation and the balanced approach to changes.

I spoke to two operators in Cairns. I also want to acknowledge the work of the committee. I spoke to its chair, who does a fantastic job, and he was very clear in where the industry wanted to go.2023-10-25View Hansard
6.22 pmMr WATTSSupports

Supported the bill's objectives of modernising legislation and ensuring appropriate accreditation, but raised concerns about insufficient consultation with insurers, unclear impoundment fees, and the need for an industry peak body.

As a father of two daughters, knowing that the industry has solid regulation and legislation around who is appropriate and how they are authorised and how that operates is something that I take some reassurance from.2023-10-25View Hansard
6.32 pmMr KELLYSupports

Supported the bill after witnessing firsthand how tow truck operators assist at accident scenes, noting the legislation appropriately balances industry viability with consumer protections.

Overall, this is an approach that is in line with natural justice arrangements that are in place for most administrative decisions in Queensland. I am comfortable they will protect the rights of those people seeking to work in the towing industry.2023-10-25View Hansard
6.42 pmMs RICHARDSSupports

Supported the bill and provided historical context by referencing the original 1973 legislation, highlighting the timely refresh of 50-year-old laws.

It is 50 years since the original legislation was introduced into the Queensland parliament on 10 April 1973.2023-10-25View Hansard
6.51 pmMr LISTERSupports

Made brief contribution highlighting cross-border regulatory issues where Queensland operators are disadvantaged compared to NSW operators who can freely work in unregulated Queensland border areas.

One of the things I would really like to see in the future is that regulation of these sorts of things would be organised with the New South Wales government, perhaps with a future cross-border commission, to ensure the regulation of the areas does not unnecessarily disadvantage Queensland operators.2023-10-25View Hansard
6.54 pmMs PUGHSupports

Supported the bill, noting its importance for her electorate which includes two major motorways with frequent accidents, and praised provisions addressing bribery and maximum fee regulations.

People in my community get very excited about tow truck regulation, because they are frequent flyers in my community.2023-10-25View Hansard
In Detail26 Oct 2023View Hansard
Amendment

That the amendment be agreed to

This division appears to relate to other parliamentary business, not the Tow Truck Bill debate which was adjourned without a vote on this sitting day.

Passed49 ayes – 35 noes2023-10-25

The motion passed.

Show individual votes

Ayes (49)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (35)

Andrew(One Nation Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Dametto(Katter's Australian Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Katter(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)

That the motion, as amended, be agreed to

This division appears to relate to other parliamentary business, not the Tow Truck Bill debate which was adjourned without a vote on this sitting day.

Passed49 ayes – 35 noes2023-10-25

The motion passed.

Show individual votes

Ayes (49)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Kelly
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (35)

Andrew(One Nation Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Dametto(Katter's Australian Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Katter(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Third Reading26 Oct 2023View Hansard
Became Act 28 of 20232 Nov 2023
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Plain English Summary

Overview

This bill replaces the 50-year-old Tow Truck Act 1973 with modern legislation governing the towing of vehicles from crash scenes, police seizures and private property in regulated areas of Queensland. It maintains consumer protections for vulnerable motorists while modernising the accreditation system for tow truck operators, drivers and assistants.

Who it affects

Motorists who need towing after crashes or have vehicles removed from private property are protected by stronger safeguards. Tow truck industry participants must transition to the new accreditation system with higher compliance standards.

Key changes

  • Replaces licences and certificates with a unified accreditation system for operators, drivers and assistants
  • Increases penalties for consumer-harming offences such as towing without authority (from 20 to 60 penalty units)
  • Creates new offence (160 penalty units maximum) for operators who direct unaccredited persons to carry out regulated towing
  • Requires towed vehicles to be stored only at authorised holding yards
  • Mandates police notification within 1 hour when vehicles are towed from private property
  • Modernises enforcement powers with consolidated authorised officer provisions and self-incrimination protections