RACQ backs legislation against dodgy tow truck operations

Insurer RACQ has welcomed the passing of legislation that outlaws tow truck operators from strongarming motorists into paying exorbitant fees to release their vehicles. 

The laws were passed following an independent investigation into the removal of parked vehicles from private car parks; and meant changes to tow truck licence requirements, fees, signage, privacy, education, and enforcement.

“Dodgy tow truck operators have been getting away with highway robbery for far too long, charging exorbitant fees for the release of vehicles from carparks,” said Steve Spalding, RACQ head of technical and safety policy. “We’re really pleased the state government has acted and passed these laws because it sets the standard of behaviour for tow truck operators who’ve been capitalising on vulnerable motorists for far too long.

Mark Bailey, Transport and Main Roads minister, said Queensland would be the first state in the country to cap towing fees from private car parks.

“We are also increasing the maximum penalty that can be imposed under the Tow Truck Regulation from $2,523 to $10,092,” Bailey said. “The proposed legislation will also make it clear that we can consider a person’s entire criminal history when assessing whether they should be granted a licence or certificate.”

The changes, set to take effect in April, would:

• require that private property towing may only be performed in regulated areas by drivers and assistants who have the necessary certificates and are using licensed tow trucks;
• require tow truck licensees to have towing consent, and to notify the Queensland Police Service as soon as practicable after removing a vehicle from private property;
• impose conduct requirements on tow truck licensees, drivers, and assistants, and require reasonable steps be taken to locate the motorist before loading a vehicle onto the tow truck;
• provide that vehicles removed from private property may only be taken by the most direct route to the licence holder’s nearest holding yard;
• set maximum towing charges for a standard private-property tow, the on-site release of a vehicle, and storing a vehicle; and prohibit the charging of call-out fees and charges for separate activities incidental to the towing service such as administration fees;
• restrict the disclosure of information about the removal of a vehicle from private property and expressly protect personal information about a vehicle’s owner, driver, or other party connected to a regulated towing service;
• increase the maximum penalty that may be imposed under the Tow Truck Regulation from 20 penalty units to 80 penalty units; and

allow the entire criminal history of an applicant to be considered when determining whether to grant a licence or certificate and whether it is appropriate for a person to continue to hold a licence or certificate.