Private property parking and towing—information for private property owners and occupiers

As a private property owner or occupier, you must understand your obligations in relation to towing of vehicles parked on your property in regulated areas of Queensland. This includes that vehicles must only be towed by accredited tow truck drivers and assistants using authorised tow trucks.  Regulated areas are detailed on the Tow truck scheme page.

Engaging a towing operator

You can engage an accredited tow truck operator to monitor and enforce the conditions of your parking area on your behalf. When engaging an operator, you must ensure you choose an operator who is accredited with the Department of Transport and Main Roads and that they employ accredited drivers and assistants using authorised tow trucks. You should also consider whether their services, fees and business practices meet your needs.

You can confirm if a tow truck operator is accredited by asking to see their accreditation document, issued by us.

Once you have chosen an accredited tow truck operator, you must enter into a contract with them authorising the removal of vehicles parked on the property. Once a written contract is in place a Towing Consent form must also be completed. The Towing Consent is proof that the contract exists. A Towing Consent form is available from the page Information for accredited tow truck operators. The Towing Consent must be produced to a vehicle owner if they make a request to either the tow truck driver or operator.

If you are uncertain whether you have an appropriate arrangement with the tow truck operator to remove vehicles on your behalf, you should obtain independent legal advice.

Signs

Appropriate signage is important to provide motorists fair notice of the parking terms and conditions or that they cannot park on the property. It is recommended that you display clear signs in the parking area before arrangements are made for unauthorised vehicles to be towed.

To assist you with how to provide clear signage, the Private property signage guideline is provided on the Tow truck scheme page.

Consider other options

If you want to restrict parking you should consider erecting barriers, such as chains or bollards to stop motorists accessing the parking area. Stopping motorists from entering your parking area when your business is closed and erecting barriers that won’t hinder your customers, may be a more effective and less contentious way to control parking on your property than removing unauthorised vehicles.

Wheel clamping

You cannot use wheel clamping to enforce the conditions of your parking area. It is illegal to detain a parked or stopped vehicle using an immobilising device including wheel clamps.

Tow truck operator and driver conduct

Tow truck drivers must take reasonable steps to locate the vehicle owner or driver before loading a vehicle onto the tow truck. If the owner returns while the tow truck driver is in the process of loading and securing the vehicle on the tow truck, they must release the vehicle immediately without charge. If the owner returns after the vehicle has been loaded onto the tow truck (including secured in every way necessary) but the tow truck has not yet left the property, the tow truck driver must offer the vehicle owner the option to pay the on-site release fee and the vehicle must be released immediately if the owner pays the fee.

If, after taking reasonable steps the vehicle owner or driver cannot be located, the vehicle may be towed by the most direct route to the tow truck operators nearest TMR approved holding yard.

The tow truck operator and driver must not intimidate, harass, abuse, or insult a person or prevent or hinder the delivery of first aid or medical treatment. They must take all reasonable precautions to prevent loss or damage to a motor vehicle and any personal items left in the vehicle while it is being towed and while it is in the holding yard.

Maximum regulated fees

Maximum charges apply under the Tow Truck Regulation 2024 and include:

• a tow of a motor vehicle from private property capped at $290.05.
• the on-site release of a motor vehicle from private property capped at $174.05.
• a daily charge for storing a motor vehicle towed from private property to the nearest holding yard capped at $29.00 per day.

A private property tow includes 1 hour of working time at the scene, (including taking reasonable steps to locate the owner), moving the vehicle to the holding yard, and 72 hours of storage in the holding yard. The property owner must not be charged in addition to the vehicle owner.

Call-out fees and other fees such as taking steps to locate the owner, travelling to the place where the vehicle is located, allowing the vehicle owner access to the vehicle at the holding yard (within business hours) and other incidental fees cannot be charged.

Tow truck operators must not charge more than the regulated fee for a tow of a private property motor vehicle (including not charging the property owner in addition to the vehicle owner for towing the vehicle).

Notifying Police when a vehicle is towed

The tow truck operator must notify the Queensland Police Service that a vehicle has been towed as soon as practicable but no later than 1 hour after a vehicle removed from private property is stored in the holding yard. 

Fee increase

On 1 July 2024, most fees were frozen at their current level for 1 year to ease cost-of-living pressures for Queenslanders.

Tow truck scheme maximum regulated fees have increased by 3.4%. The freeze does not apply to these fees as they are collected by private tow truck licence holders.

You can contact [email protected] to find out more about the increases on specific fees.