Tow Truck and Other Legislation Amendment Bill 2018
Plain English Summary
Overview
This bill reforms Queensland's tow truck industry to protect motorists from unfair private property towing practices, reinstates driving penalties for 17-year-old drivers following their inclusion in the youth justice system, and reduces toll road administration charges by allowing demand notices to be combined.
Who it affects
Motorists whose cars are towed from private property gain major new protections including capped fees and conduct requirements for tow truck operators. 17-year-old drivers remain subject to the same licence disqualification and fine enforcement rules as adults for serious driving offences.
Private property towing
Regulates the removal of vehicles from private property for the first time, following an independent investigation that found evidence of opportunistic practices. Tow truck operators must be licensed, follow strict conduct rules, and charge no more than capped amounts.
- Maximum towing charge of $250 for a standard private property tow, $150 for on-site release, and $25 per day for storage
- Tow truck drivers must take reasonable steps to find the car owner before loading the vehicle
- Vehicles can only be taken to the nearest holding yard of the licence holder by the most direct route
- Call-out fees, administration fees, and other incidental charges are banned
- 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 driving penalty regime for 17-year-olds that existed before they were moved into the youth justice system in February 2018. This ensures young drivers remain accountable for serious driving behaviour.
- Mandatory licence disqualification for serious driving offences restored for 17-year-olds
- SPER can again enforce unpaid demerit point infringement notices against 17-year-olds
- Existing SPER debts registered before the youth justice transition can continue to be enforced
Toll demand notices
Allows toll road operators to issue a single demand notice for multiple unpaid tolls with only one administration charge, reducing the escalation of fees for motorists.
- Multiple unpaid tolls can be combined on one demand notice with a single administration charge
- Applies to both state toll roads and local government tollways
- Toll road operators can combine state and local government tolls on one notice
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee14 Feb 2017View Hansard
Referred to Legal Affairs and Community Safety 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 Reading1 Mar 2017View Hansard
That the amendment be agreed to
Government-majority vote on an amendment during the debate on the Liquor and Other Legislation Amendment Bill on 1 March 2017, carried 44 to 40.
The motion passed.
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Ayes (44)
Noes (40)
▸52 members spoke31 support21 mixed
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 repeal of lockouts (which LNP had always opposed) but opposed the retrospective reduction of temporary extended hours permits from 12 to six.
“We support the repeal, but we never wanted the lockouts in the first place. We have consistently opposed that element of the law, because we knew that the evidence does not support them.”— 2017-03-02View Hansard
Moved the second reading, explaining the bill refines the tackling alcohol fuelled violence policy by tightening temporary late-night extended hours permits, removing the 1am lockout based on evidence, and extending banning orders to drug offences.
“the measures implemented in this bill enhance the Palaszczuk government's tackling alcohol fuelled violence policy initiatives to foster cultural change around drinking, encourage responsible drinking practices and create a safer environment in and around licensed premises in Queensland.”— 2017-03-01View 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 repeal of lockouts as the LNP has always opposed them, but criticised the rushed committee process and the retrospective changes to extended hours permits.
“The LNP supports this legislation because we do not support lockouts.”— 2017-03-02View Hansard
Supported the repeal of lockouts (as that matched LNP policy) but opposed the reduction of temporary extended hours permits from 12 to six and the foreshadowed Easter Sunday trading amendment; criticised the government's handling as a backflip.
“The LNP will be supporting the lockout removal because we have never supported lockouts. We will be opposing the elements with respect to reducing 12 extended trading hours licences to six.”— 2017-03-01View 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 repeal of lockout laws, saying he had always opposed them and predicted they would fail. Did not explicitly address other provisions.
“I was always against these lockout laws ... I disagree strongly with any laws that punish the 99.9 per cent of people who do the right thing because of the 0.1 per cent of idiots who do the wrong thing.”— 2017-03-02View Hansard
As deputy chair of the committee, agreed the bill should be passed but opposed the reduction from 12 to six extended trading hours permits; described the bill as a reversal of a government mistake.
“What we have is a bill to reverse a mistake by this government ... Thank goodness this government has backed away from all of that so-called evidence and they have seen the common sense of unwinding the laws that were so ill-thought-through in the first place.”— 2017-03-01View 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
Argued the bill was a backflip and broken election commitment; could not support retrospectivity of temporary permit changes but supported aspects that reversed the lockout laws.
“The retrospectivity of the process for temporary one-off late-night extended hours permits is something that this side of the House cannot support.”— 2017-03-02View Hansard
Supported the bill as a response to evidence from the six-month interim evaluation report and as reflecting consultation with industry and stakeholders about the impacts of lockouts.
“These measures are the best option to reduce the toll of alcohol fuelled violence in a quantifiable and effective manner.”— 2017-03-01View 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
Supported the bill as an evidence-based response to the interim evaluation report that found lockouts unnecessary and temporary permits being misused.
“The implementation of this bill aligns with the government's aim to promote a vibrant night-time economy throughout Queensland. This government is committed to evidence based policy.”— 2017-03-02View 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
Strongly criticised the government for creating the lockout mess and opposed the retrospective changes to extended trading hours permits, while welcoming the reversal on lockouts.
“The LNP does not support the changes to the extended trading hours permit system because such changes would be a retrospective action.”— 2017-03-02View 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
Criticised the bill as a Labor backflip and broken promise, arguing the LNP's Safe Night Out Strategy should have been given a chance, while supporting the removal of lockouts.
“This bill lays bare the fact that this Labor Party government has absolutely no idea what it is doing.”— 2017-03-02View 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
Described the government's handling as a flip-flop of monumental proportions and raised concerns about the retrospective tightening of temporary late-night extended hours permits.
“This has been a complete policy bungle—a stuff-up of epic proportions—and the retrospective tightening of those temporary late-night extended hours permits does cause concern.”— 2017-03-02View 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
Supported the bill as a balanced, evidence-based approach to reducing alcohol fuelled violence and endorsed the ID scanner provisions.
“We have ensured that we are not bringing in a crowd control measure instead of a measure that is effective in reducing alcohol fuelled violence ... We have the balance right.”— 2017-03-02View 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
Criticised the bill as a policy bungle and broken promise, opposed retrospective changes to extended trading hours permits, but welcomed that Labor was adopting LNP-style policy.
“Non-government members do not support the changes to the one-off temporary extended trading hours permits.”— 2017-03-02View 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
Supported the bill because it returns to LNP policy positions, although ridiculed the government for backflipping.
“obviously we will support the bill, because it was our idea in the first place.”— 2017-03-02View 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
Supported reversal of lockouts but criticised the retrospective tightening of temporary extended hours permits, particularly their impact on country Queensland venues.
“Apart from being retrospective and extremely complicated for licensees to build a business model from, this gives no recognition to Central and Western Queensland.”— 2017-03-02View Hansard
Supported the bill as an evidence-based approach to reducing alcohol fuelled violence and ensuring safer licensed premises.
“I believe the measures contained in this bill are the best way to reduce the toll of alcohol fuelled violence.”— 2017-03-02View Hansard
Welcomed the scrapping of flawed lockout laws and the adoption of ID scanners (an LNP policy), but criticised added bureaucracy around extended hours permits.
“Lockout laws do not save lives; they simply have people left outside venues as well as some inside venues.”— 2017-03-02View Hansard
Welcomed the scrapping of lockout laws as vindication of LNP policy but criticised Labor for not restoring the LNP's education policy and other elements of Safe Night Out Strategy.
“I do not support lockout laws because I do not believe that lockout laws will achieve what it is that people say they will achieve.”— 2017-03-02View Hansard
Opposed the retrospective reduction of extended hours permits, highlighting the impact on country hotels like the Club Hotel Motel Roma, which had invested in its 3 am licence.
“Non-government members do not support the changes to the one-off temporary extended trading hours permits as they are retrospective and complicate the process far more than it needs to be.”— 2017-03-02View Hansard
Supported the bill as a reflection of good government: a government prepared to listen to evidence and adapt its policies while maintaining its goal of reducing alcohol fuelled violence.
“This bill shows that this government listens to Queenslanders and listens to evidence that maintains the goal of reducing alcohol fuelled violence.”— 2017-03-02View Hansard
Criticised Labor for not listening to medical experts about drug-fuelled violence and for repealing LNP bikie laws, while supporting the return towards the LNP's Safe Night Out approach.
“My only hope is that the government will stick by the changes that come out of this new legislation.”— 2017-03-02View Hansard
Welcomed the abandonment of lockouts as vindication of the LNP's Safe Night Out Strategy, while criticising Labor's handling of the issue.
“we are all toasting the dawning of common sense within the government ... At last we have an acknowledgement that the LNP laws have worked, are working and will continue to work into the future.”— 2017-03-02View Hansard
Criticised Labor for backflipping and using flawed data; argued the LNP's more comprehensive Safe Night Out Strategy should have been left in place.
“We believe the Safe Night Out Strategy should have been given a real chance to work given the time and consultation involved to put it together.”— 2017-03-02View Hansard
Defended the government's evidence-based approach, arguing that lockouts were trialled but found unnecessary once 2am/3am last drinks were in place.
“The lockout laws were not introduced. The lockout laws were simply trialled. We found evidence through the interim report that the lockout laws are unnecessary.”— 2017-03-02View Hansard
Welcomed the retreat from the lockout policy but warned that the retrospective extended permit changes and confusion about what counts as 'an event' are damaging for business.
“It was bad for business. It was bad for hospitality. It was bad for jobs. It was bad for Queensland.”— 2017-03-02View Hansard
Argued the LNP's Safe Night Out Strategy was the right approach and criticised the nanny-state philosophy of lockouts; supported reversal but disappointed at the backflip.
“I am very disappointed to see this backflip tonight from a man who has so-called great convictions to make a difference.”— 2017-03-02View Hansard
Condemned the repeal as a broken promise and criticised the retrospective tightening of temporary late-night extended hours permits while welcoming that LNP positions were being adopted.
“The LNP has consistently maintained its position on this issue. It does not support retrospective tightening of temporary late-night extended hours permits.”— 2017-03-02View Hansard
Denounced the bill as a major policy backflip and broken election commitment; argued the LNP's Safe Night Out Strategy was the proper evidence-based approach.
“This legislation represents both a major policy backflip and a broken election commitment by the Premier. It is a glaring illustration of the incompetency of this government.”— 2017-03-02View Hansard
In reply, defended the bill as an evidence-based response to the interim evaluation report, emphasising reduced liquor service hours and the need to prevent misuse of extended hours permits.
“The tackling alcohol fuelled violence policy is one of the most comprehensive frameworks implemented in Australia to reduce alcohol related violence.”— 2017-03-02View Hansard
▸In Detail2 Mar 2017 – 8 Mar 2018View Hansard
Inserted a new Part 5 amending the Trading (Allowable Hours) Act 1990 to make Easter Sunday an open trading day for non-exempt shops in South-East Queensland, with opening time 9am and closing time 6pm, plus employee protections against being coerced to work.
Amendment to the long title of the bill to reflect the addition of amendments to the Trading (Allowable Hours) Act 1990.
Opposition amendments circulated in Mr Bleijie's name relating to clause 22 (following the failed attempt to defeat clause 15 on extended trading hours permits) were withdrawn.
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.
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Ayes (48)
Noes (41)
That the motion be agreed do
A procedural motion during debate on the bill (likely on suspension of standing orders or adjournment) which was defeated.
The motion was defeated.
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Ayes (41)
Noes (43)
▸1 clause vote (all passed)
Vote on clause 15
Government vote to keep clause 15, which reduces the number of temporary late-night extended hours permits from 12 to 6 per year; passed with ALP, PHON and Independent support against LNP opposition.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (45)
Noes (41)
Supported clause 8 (repeal of lockouts) as consistent with LNP policy but opposed clause 15 (reducing extended trading permits from 12 to six) as unfairly blaming businesses for using a system the government set up.
“We support the clause going forward. This is an embarrassment for the Attorney-General.”— 2017-03-02View Hansard
▸Third Reading2 Mar 2017View Hansard
Vote on a motion
Division appears to have occurred during an earlier procedural motion in the section; outcome recorded as affirmative 42-41
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (42)
Noes (41)
▸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)
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