Tow Truck Bill 2023
Plain English Summary
Overview
This bill repeals the Tow Truck Act 1973 and replaces it with a modern regulatory framework for tow truck operations in Queensland. It introduces a new accreditation system for operators, drivers and assistants, strengthens penalties for non-compliance, and updates enforcement powers to better protect consumers, particularly motorists who are vulnerable after a vehicle incident.
Who it affects
Tow truck operators, drivers and assistants must transition to new accreditations and comply with strengthened requirements. Motorists benefit from stronger consumer protections when their vehicle is towed after a crash, seizure or from private property.
Key changes
- Replaces old tow truck licences and certificates with three types of accreditation: operator, driver and assistant, each lasting up to 5 years
- Introduces a new offence for operators who direct unaccredited persons to carry out regulated towing, with a maximum penalty of 160 penalty units
- Increases penalties for existing offences, such as towing without authority (from 20 to 60 penalty units) and disclosing sensitive information (from 50 to 100 penalty units)
- Requires tow truck operators to notify police within 1 hour when a vehicle is towed from private property to a holding yard
- Modernises enforcement powers for authorised officers, including entry to business premises during operating hours and seizure of evidence, with self-incrimination protections
- Requires accreditation holders and applicants to notify of criminal charges for notifiable offences within 14 days
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee13 June 2023View Hansard
Referred to Transport and Resources Committee
The Transport and Resources Committee examined the Tow Truck Bill 2023 and recommended it be passed, while raising concerns about natural justice safeguards related to reversal of onus of proof provisions and the treatment of criminal charges versus convictions under the Human Rights Act 2019. The committee also recommended the Minister convene a working group of tow truck industry stakeholders to support implementation of the new Act. In its response, the Government accepted two of the three substantive recommendations but declined to add further natural justice safeguards, arguing existing protections were adequate.
Key findings (5)
- The committee found the bill was broadly compatible with the Legislative Standards Act 1992 and the Human Rights Act 2019, despite noting some concerns.
- Key issues examined included accreditation requirements, offence provisions, and the adequacy of stakeholder consultation by the Department of Transport and Main Roads.
- The committee raised concerns that the reversal of onus of proof provisions in Part 6, Division 2 may not have sufficient regard to the rights and liberties of individuals.
- The committee identified a need to better distinguish between criminal charges and convictions in the chief executive's decision-making process for accreditations.
- Stakeholders expressed a desire for greater industry consultation and the establishment of a peak body to represent regulated tow truck operators.
Recommendations (4)
- The committee recommends the Tow Truck Bill 2023 be passed.
- The committee recommends that the Minister consider what extra natural justice safeguards could be provided to ensure Part 6, Division 2 of the Bill has sufficient regard to the rights and liberties of individuals in respect of the reversal of the onus of proof provisions contained therein.
- The committee recommends that the Minister consider amending the statement of compatibility to better clarify the difference between charges and convictions in contemplation of Sections 31 and 32 of the Human Rights Act 2019, and further clarify that heavier weighting should apply in the chief executive's decision-making process in Part 1, Division 3 of the Bill to the existence of a criminal conviction than to an untested criminal charge.
- The committee recommends that the Minister convene a working group of all interested tow truck industry stakeholders to support the establishment of an industry peak body with whom government can consult about the implementation of the new Act including development of the revised Regulation.
▸Committee Report1 Sept 2023
Committee report tabled
That the amendment be agreed to
This division relates to other parliamentary business (likely a motion debated after the Tow Truck Bill second reading was adjourned), not the Tow Truck Bill itself, which was adjourned without a vote on this sitting day.
The motion passed.
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Ayes (49)
Noes (35)
That the motion, as amended, be agreed to
This division relates to other parliamentary business debated after the Tow Truck Bill second reading was adjourned, not the Tow Truck Bill itself.
The motion passed.
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Ayes (49)
Noes (35)
▸Second Reading19 Apr 2023View Hansard
▸25 members spoke21 support4 mixed
Spoke in support of the bill's maximum fee provisions, highlighting the importance of protecting motorists from excessive charges while maintaining industry viability.
“I am really pleased to speak about the maximum fee provisions in the bill.”— 2023-10-26View Hansard
As Minister for Transport, moved the second reading and outlined the bill's reforms to modernise the tow truck industry, including mandatory carded play provisions, new accreditation requirements, strengthened penalties, and responses to the committee's recommendations.
“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
Supported the bill as providing a well-regulated framework for the towing industry, highlighting local towing company Harvey's Towing and the partnership between tow truck operators and police in impounding hoon vehicles.
“We work with the tow truck drivers and we set fair and regulated fees.”— 2023-10-26View Hansard
As shadow transport minister, announced the LNP would not oppose the bill but raised concerns about inadequate industry consultation, the five-year delay in bringing the bill forward, penalties for vehicle damage that could increase accident clearing times and worsen congestion, and the lack of an industry peak body.
“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
Supported the bill's balance between commercial interests and consumer protection, noting the importance of regulating maximum fees to protect motorists at vulnerable times.
“I support the bill. I think it is an outstanding bill.”— 2023-10-26View Hansard
As committee chair, outlined the committee's four recommendations including the need for a working group to support establishment of an industry peak body, and addressed concerns about accreditation, vehicle damage provisions, and intimidation of motorists.
“They are more like the heroes of the highway.”— 2023-10-25View Hansard
Acknowledged the importance of passing the bill but highlighted industry concerns about lack of consultation, timeliness of changes, unclear criteria for determining appropriate persons, and behaviours not addressed such as spotters' fees and sale of personal information.
“The opposition acknowledges the importance of passing the bill but is committed to highlighting the industry's concerns.”— 2023-10-26View Hansard
As committee deputy chair, stated the LNP supports the intent of the bill but published a statement of reservation citing concerns about inadequate industry consultation, rushed process, inconsistent appropriate person determinations, reversed onus of proof, new damage penalties conflicting with EV towing requirements, and lack of insurance industry engagement.
“The bill essentially reverses the burden of the onus of proof. If someone makes a false allegation to the department against a tow truck operator, it will fall onto the tow truck operator to disprove the allegation or lose their accreditation.”— 2023-10-25View Hansard
Spoke in support of the bill, outlining its objectives to modernise the towing framework, maintain accreditation requirements, and enhance penalties and enforcement provisions.
“I rise to speak in support of the Palaszczuk government's Tow Truck Bill 2023.”— 2023-10-26View Hansard
Supported the bill as a significant step forward in protecting vulnerable motorists and supporting the tow truck industry, highlighting new enforcement powers and accreditation provisions.
“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
Supported the bill for protecting vulnerable motorists after crashes and stamping out unscrupulous practices such as bribery and incentives, while acknowledging the important work of tow truck drivers.
“This bill strikes a good balance. It provides for road and public safety and delivers improved outcomes and protections for motorists.”— 2023-10-26View Hansard
Supported the bill as necessary modernisation of the 1973 act, detailing the new penalty unit increases and new offences including for unauthorised tow trucks, fraudulent documents, and storing vehicles at unauthorised holding yards.
“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
As Minister for Police, supported the bill as achieving the right balance between industry viability and protection of vulnerable motorists, emphasising the critical role tow truck operators play alongside first responders.
“This bill gets the balance right.”— 2023-10-26View Hansard
Supported the bill as delivering a modern tow truck scheme balancing industry support with consumer protection, highlighting provisions on maximum fees, accreditation checks, and anti-bribery measures.
“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
Supported the legislation's objectives but criticised the government's failure to adequately consult with industry stakeholders prior to tabling the bill, noting that several tow truck companies only became aware of the bill through the committee inquiry process.
“It is disappointing to note a number of significant issues which were canvassed that appear to jeopardise such important objectives.”— 2023-10-26View Hansard
As a committee member, supported the bill's intent but criticised the five-year delay, limited consultation, inconsistencies in appropriate person determinations between operators, and the new penalties for vehicle damage during towing.
“These submitters asked for more clarity on that and its submission notes that 'we cannot see any benefit to the industry other than adding a greater cost to businesses and operators.'”— 2023-10-25View Hansard
Supported the bill as a necessary modernisation of the 50-year-old tow truck legislation, acknowledging the extensive consultation process and the balanced framework for commercial and consumer interests.
“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.”— 2023-10-26View Hansard
Supported the bill, praising the anti-bribery provisions and the establishment of a tow truck industry peak body, and noting that operators he spoke to were satisfied with the consultation process.
“A good government makes sure that legislation is good—and this is very good legislation.”— 2023-10-25View Hansard
As the responsible minister, delivered the reply speech defending the consultation process and addressing opposition concerns about accreditation suspension, bribery provisions, vehicle damage obligations, and regional towing regulation.
“This bill is the result of an extensive review by the Department of Transport and Main Roads of the current legislative framework for Queensland's regulated towing industry.”— 2023-10-26View Hansard
Supported the bill, noting local tow truck drivers in Far North Queensland were happy with the legislation and the consultation process, and highlighting the strengthened anti-bribery and inducement provisions.
“Importantly, tow truck operators are already doing the right thing. The continued prohibition of bribery and incentives will have no direct impact on their operations, which, at the end of the day, is pretty important.”— 2023-10-25View Hansard
Acknowledged the bill's intent to modernise the industry but raised concerns about the rushed committee process despite the five-year delay, inadequate stakeholder consultation including lack of insurance industry engagement, vehicle damage penalties, and the need for clearer regulation around impound charges and EV handling.
“Making sure it is running smoothly, is well represented and has good communication with government to make sure its regulation and legislation is as we would require it is important.”— 2023-10-25View Hansard
Supported the bill based on personal experience witnessing a traffic accident and seeing the professionalism of tow truck operators, highlighting the accreditation checks, maximum fee regulations, and consumer protection provisions.
“I also saw what I would consider to be pretty poor behaviour from people passing the accident, which was quite shocking. It was good to see the way that the various first responders, including the people in the tow trucks, were able to manage and deal with that situation.”— 2023-10-25View Hansard
Supported the bill, drawing on the historical context of the original 1973 Tow Truck Act debate in Hansard and outlining the committee's recommendations and the government's response.
“The committee recommended that the bill be passed and made three additional recommendations.”— 2023-10-25View Hansard
Made a brief contribution highlighting the difficulties faced by tow truck operators on the Queensland-New South Wales border, where unregulated zones allow NSW operators to compete in Queensland but Queensland operators cannot reciprocate.
“Queensland tow truck operators are unable to do the same thing and pick up work by crossing the border into New South Wales.”— 2023-10-25View Hansard
Supported the bill, highlighting the importance of tow truck regulation for her electorate which includes two major motorways, and speaking to the anti-bribery and inducement provisions.
“People in my community get very excited about tow truck regulation, because they are frequent flyers in my community.”— 2023-10-25View Hansard