Private property towing is a common practice in Queensland, but it is important to understand the laws surrounding it to avoid any legal issues. Private property towing refers to the towing of a vehicle that is parked on someone else's property without their permission. This article will discuss the private property towing laws in Queensland, including when it is legal to tow a vehicle, the responsibilities of the property owner and the towing company, and the penalties for non-compliance.
When is it Legal to Tow a Vehicle?
Under Queensland law, a vehicle can be towed from private property if it is parked without the owner's consent. The owner of the property or their authorized representative must request the towing of the vehicle in writing, and the request must be given to the towing company before the vehicle is towed. The towing company must also have a current tow truck driver's certificate and be authorized to tow vehicles from private property.
If a vehicle is parked on private property without the owner's consent, the property owner can also issue a parking infringement notice. If the vehicle's owner fails to pay the fine, the property owner can then request that the vehicle be towed.
Responsibilities of the Property Owner
The property owner has a responsibility to clearly display signs indicating that parking is not allowed on their property without their consent. The signs must be clearly visible from all entrances to the property and comply with the legal requirements set out in the Transport Operations (Road Use Management???Road Rules) Regulation 2009. If the signs are not displayed correctly, the towing company may not be able to legally tow the vehicle.
The property owner must also ensure that the towing company they use is authorized to tow vehicles from private property and has a current tow truck driver's certificate.
Responsibilities of the Towing Company
The towing company has a responsibility to ensure that they comply with all the requirements set out in the Transport Operations (Road Use Management???Road Rules) Regulation 2009. This includes having a current tow truck driver's certificate and being authorized to tow vehicles from private property.
The towing company must also comply with any written request from the property owner before towing the vehicle. They must also ensure that the vehicle is securely towed and that no damage is caused to the vehicle during the towing process.
Penalties for Non-Compliance
If the property owner or the towing company fails to comply with the private property towing laws in Queensland, they may be subject to penalties. The penalties can include fines and legal action. The property owner may also be liable for any damage caused to the vehicle during the towing process.
It is important to understand the private property towing laws in Queensland to avoid any legal issues. If you are a property owner and need to tow a vehicle from your property, make sure you comply with all the requirements set out in the Transport Operations (Road Use Management???Road Rules) Regulation 2009. If you are a vehicle owner and your vehicle has been towed from private property, make sure you understand your rights and responsibilities.
