Tow Truck (Towing from Private Property) Amendment Bill 2017

Introduced: 8/8/2017By: Mr A Powell MPStatus: Lapsed

Cost of Living Transport & Roads Business & Economy

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Plain English Summary

Overview

This bill extends Queensland's tow truck laws, which currently only cover accident towing, to also cover towing from private property like shopping centre and commercial car parks. It would cap fees and towing distances, require clear warning signs, and set up a complaints system for tow truck operators.

Who it affects

Drivers who park on private property gain protections against excessive towing fees and surprise tows, while tow truck operators and car park managers face new rules on signage, fees, and conduct.

Key changes

Regulations can set a maximum fee for towing and storing a vehicle from private property, with different amounts allowed for metropolitan and non-metropolitan areas
Regulations can cap how far a vehicle can be towed from private property without the owner's written consent
Car park owners and managers must install clearly visible warning signs stating why vehicles can be towed before any towing is authorised
The chief executive must run a complaints process against tow truck licence and certificate holders and publish annual statistics
Complaints can be taken into account when deciding if someone is fit to hold a tow truck licence or certificate

How this affects you

Cost of Living

•The government can set a maximum price tow truck operators can charge to tow your car from private property, stopping bills that have ranged from $400 to $1000Clause 5If a motor vehicle is towed from private property, the reasonable sum charged must not be more than the amount prescribed by regulation.
•Different maximum fees can be set for city and country areas so pricing reflects where you actually liveClause 5A regulation may prescribe different total distances or different amounts depending on where the place from which the vehicle is towed is located.
•If you agree in writing beforehand, a tow truck operator can still charge more than the capped fee, so the cap only protects you from surprise chargesClause 5

Transport & Roads

•Your car can't be towed further than a set distance from a private car park without your written consent, making it easier to get backClause 5A person must not use a tow truck to tow a motor vehicle a total distance greater than the distance prescribed by regulation, unless written consent is obtained.
•Before your car can be towed from a shopping centre or commercial car park, clearly visible warning signs must be in place explaining why vehicles can be towedClause 6Warning signs must be installed so the text is clearly visible to drivers and state the reasons a vehicle may be towed.
•You can lodge a complaint about a tow truck operator with the transport department, and the numbers and outcomes of complaints will be published each yearClause 7The chief executive must establish a complaints management process and publish annual statistics about complaints received and their outcomes.

Business & Economy

•If you own or manage a retail, commercial or industrial car park, you must install compliant warning signs before authorising any tow truck to remove vehiclesClause 6, new s 21IA person in control of a relevant car park must ensure warning signs are installed in compliance with the prescribed requirements.
•Tow truck licence holders face new offences and fee caps, and complaints against them can be used to decide if they're fit to keep their licenceClauses 4, 5, 8Any complaints made to the chief executive against the person are considered when determining who is an appropriate person to hold a licence.
•New licence conditions apply to both new and existing tow truck operators, so no one is grandfathered out of the rulesClause 9, new s 51Section 12(2)(s) and (3) to (6) applies to a licence whether the licence was granted before or after the commencement.

Bill Journey

Introduced8 Aug 2017

First Reading

Committee

Committee Report

Second Reading

Lapsed29 Oct 2017

Referenced Entities

Sectors Affected

Public Administration Retail Road Transport

Classified using AGIFT/ANZSIC Australian government standards

Tow Truck (Towing from Private Property) Amendment Bill 2017

Plain English Summary

Overview

Who it affects

Key changes

Bill Journey

Referenced Entities

Legislation

Organisations

Programs & Schemes

Roles & Offices

Sectors Affected

Source Documents