Tow Truck and Other Legislation Amendment Bill 2017
Plain English Summary
Overview
This bill brings private property towing under the Tow Truck Act for the first time, capping charges and requiring licensed operators with written consent from property occupiers. It also keeps 17-year-old drivers subject to mandatory disqualifications and SPER enforcement, and lets toll operators combine multiple unpaid tolls into a single demand notice.
Who it affects
Motorists who park on private property gain strong new protections and price caps, while tow truck operators face stricter rules and much higher penalties. Seventeen-year-old drivers continue to face the same licence and fine consequences as adult drivers, and toll road users will pay fewer administration charges when multiple tolls go unpaid.
Private property towing rules
For the first time, towing vehicles from private car parks will be regulated. Operators must be licensed, hold written consent from the property occupier, try to find the car's owner first, and follow strict conduct rules.
- Only licensed tow trucks with certified drivers can tow from private property
- Operators must have a written towing consent from the property occupier before towing
- Drivers must take reasonable steps to find the vehicle's owner before loading it
- Vehicles must be towed by the most direct route to the operator's nearest holding yard
- Police must be notified within an hour of each private property tow
Towing charges capped
The bill sets maximum prices for private property towing and bans extra fees that were being used to inflate bills.
- Maximum $250 for a standard private property tow
- Maximum $150 on-site release fee if the owner arrives before the vehicle leaves the property
- Maximum $25 per day for storage in a holding yard
- Call-out fees, administration fees and separate fuel or paperwork charges are banned
- Penalties for operating without a licence rise from 40 to 160 penalty units
17-year-old drivers
When 17-year-olds become children under the Youth Justice Act, they will still face the same traffic penalties as adults for serious driving offences.
- Mandatory licence disqualifications still apply to 17-year-olds convicted of serious driving offences
- Demerit points continue to be recorded against 17-year-olds' traffic histories
- SPER can still enforce unpaid traffic fines for 17-year-olds
- Existing SPER debts for 17-year-olds remain enforceable when they transition to the youth justice system
Toll demand notices
Toll road operators can combine multiple unpaid tolls onto a single demand notice instead of issuing separate notices with separate admin charges for each.
- One demand notice can cover multiple unpaid tolls
- Only one administration charge applies per aggregated notice
- Toll road and local government tollway amounts can be combined on a single notice
Bill Journey
Committee report tabled
Referenced Entities
Legislation
Organisations
Programs & Schemes
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards