Terms of reference
In accordance with the terms of reference, the independent investigation examined and made recommendations about aspects of the tow truck and vehicle removal industry not already covered by the Tow Truck Act 1973 or Tow Truck Regulation 2009.
The terms of reference required the independent investigation to cover the following matters:
- Whether there is a need for legal clarification of the circumstances where a vehicle parked on private property may be legally towed on behalf of the property owner.
- Whether there are other appropriate mechanisms for regulating these practices beyond existing transport regulations.
- Whether minimum standards should be established for signage in private parking. Such requirements could include outlining the terms and conditions of parking, the location and frequency of signage or other variables impacting the signage.
- Whether fees and charges for towing and storage should be regulated and in what manner.
- Whether there should be restrictions on the maximum distance which a vehicle may be towed from where it was first parked.
- Whether there is a need for consumer protections such as limiting predatory practices and acts such as 'spotting'.
- Whether existing licensing and accreditation schemes under the Tow Truck Act 1973 and Tow Truck Regulation 2009 could be expanded to cover, the practice of removing parked vehicles from private car parks and private roads accessible to the public.
- How privacy can be adequately protected when motor vehicle drivers interact with tow truck entities.
- What supporting education and other industry communication measures could be implemented to improve consumer understanding.
- How any proposed regulatory reforms would be enforced, including which agencies could undertake the task.
- Other matters as related to the terms of engagement.
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