Tow Truck Act 1973 - Queensland

Description

The Act establishes the requirements and set standards for, the towing of vehicles, in regulated areas:

  • from the scene of a crash
  • from a police related vehicle seizure
  • from 16 april 2018, when removing vehicles from private property, where a written contract exists between the tow truck licence holder and the property owner/occupier. Once a written contract is in place, a Towing consent form must also be completed. This form is proof that the contract exists.

The Act and Tow Truck Regulation 2009, provides for the licensing/certification of:

  • Tow truck drivers (certificate holders) - authority to drive a tow truck
  • Tow truck assistants (certificate holders) - authority to be employed on or in connection with a tow truck
  • Tow truck licence holders - authority to operate a tow truck business
  • Tow truck vehicle licences - licensed to truck/s operating in regulated areas in accordance with scheme operations.

The main purpose of licensing/certifying tow truck licence holders and drivers (including assistants) is to regulate and control the towing of damaged vehicles from the scene of incidents, from police vehicle seizures, when removing vehicles from private property and the subsequent handling and storage of these vehicles.

The scheme does not regulate vehicle breakdown towing or trade towing.

It also sets out the powers of authorised officers under the Act and the procedures and penalties for dealing with offences against the legislation.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Regulation(s) name

Tow Truck Regulation 2009 QLD

Lodgement process

Comply

Authorised officers have powers to monitor and enforce compliance with the Act. A licence, permit or certificate may be suspended or cancelled where breaches of its conditions or offences against the Act occur. Offences may be prosecuted in a Magistrates Court.

Appeal process

Lodgement

A person who is aggrieved by a decision of the chief executive may ask in accordance with section 28 of the Act for a review of the decision.

While the decision is being reviewed by the chief executive, a person may apply for the original decision to be stayed in accordance with the Transport Planning and Coordination Act 1994, Part 5, Division 2, by making an application for a stay of operation, through the Queensland Civil and Administrative Tribunal (QCAT).

If a person is not satisfied with the outcome of the chief executive's reviewed decision, a person may apply to have the decision reviewed by the QCAT in accordance with section 29 of the Act.

While the decision is being reviewed by the QCAT, a person may apply to have the chief executive's decision stayed.

Administering agency

Department of Transport and Main Roads

Customer Services, Safety and Regulation Division

Transport Regulation Branch

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.

Transport Regulation Branch

Customer Services, Safety and Regulation Division

Department of Transport and Main Roads

Operating address: Customer Service Centre
Queensland
Phone: 13 23 80
Website: Department of Transport and Main Roads (Opens in new window)