Can a Car Be Towed With a Person Inside in Brisbane?

Whether your car has broken down on the side of the road or you’ve returned to find a tow truck about to remove your illegally parked vehicle, you might be wondering: can a car be towed with a person inside? The answer isn’t straightforward. It depends entirely on the towing method being used.

In Queensland, the rules about passengers in towed vehicles vary significantly between professional tow truck operations, DIY rope or chain towing, and trailer towing. Understanding these distinctions is important for your safety and legal protection.

This guide covers everything you need to know about riding in a towed vehicle in Brisbane, including what Queensland law says, when it’s permitted, and what happens if you try to prevent a tow by getting in your car.

Can You Stop a Tow by Getting in Your Car?

You’ve probably heard the claim: “If you get in your car before it’s towed, they can’t take it.” Like many urban myths, this one contains a kernel of truth, but the reality is more nuanced.

So can you stop a tow by getting in your car? The short answer is: it depends if it’s been secured on the truck already.

If you arrive to find your car is in the process of being loaded onto a tow truck, the tow operator must release the vehicle to you at no cost. If you return to find it already secured on the truck (or any other towing method for that matter), then you can request that it be released, but there will be a fee involved.

Queensland has specific regulations about what happens when you return during a towing operation, but simply sitting in your car doesn’t give you unlimited power to prevent a lawful tow.

Professional Tow Truck Towing: No Passengers Allowed

If a professional tow truck is towing your vehicle in Brisbane, the answer is clear: you cannot ride inside your vehicle. This applies to all types of professional towing operations, including flatbed (tilt-tray) towing, wheel-lift towing, and hook-and-chain towing.

This isn’t just a company policy. It’s a safety regulation enforced under the Tow Truck Act 2023 and related Queensland legislation. Professional tow truck operators are prohibited from towing any vehicle with a person inside, and they’ll refuse service if you attempt to stay in your car.

Why Professional Tow Trucks Don’t Allow Passengers in Towed Vehicles

The prohibition exists for several important safety reasons:

Safety hazards: When your car is being towed, it’s subjected to unpredictable movements, sudden stops, and jolting that can cause serious injury. The towed vehicle doesn’t have the same crash protection while being towed as the tow truck cabin, and you won’t have proper seatbelt restraints designed for towing conditions.

Liability concerns: If you were injured while riding in a towed vehicle, the towing company would face significant liability. That’s why professional operators in Brisbane strictly enforce this rule—it protects both you and them.

Insurance won’t cover injuries: Your insurance policy almost certainly won’t cover injuries sustained while riding in a vehicle being professionally towed, as you’d be violating safety regulations.

Professional standards: The Tow Truck Act 2023 sets strict safety requirements for accredited tow truck operators in Queensland’s regulated areas, which include Brisbane. These standards exist to protect the public by ensuring towing is carried out safely and professionally.

You Can Ride in the Tow Truck Cabin

While you can’t stay in your vehicle, most tow truck operators (including WeTow) can accommodate you in the tow truck cabin instead. This is a much safer option:

• The cabin is equipped with proper seatbelts
• You can communicate directly with the driver
• You’ll arrive at the destination with your vehicle
• It’s included in the service when space permits

When you call for professional towing services in Brisbane, simply let the operator know you need a ride along with your vehicle. Whether you’re arranging transport to your mechanic or need accident recovery towing, riding in the cabin is your safest bet.

Note: This decision is up to driver discretion and is not guaranteed.

What Queensland Law Actually Says

Under the Tow Truck Regulation 2024, tow truck operators have clear obligations when a vehicle owner or driver returns during the towing process:

If you return while your vehicle is being loaded (not yet fully secured to the tow truck), the operator must release your vehicle to you immediately without any charge. This is a legal requirement. They can’t charge you a fee if the towing process hasn’t been completed.

If you return after your vehicle is fully loaded and secured to the tow truck but the truck is still on the property, the operator must offer you the option to pay an on-site release fee. This fee is capped at $179.95 under Queensland regulations. Once you pay this fee, they must release your vehicle immediately.

Before loading begins, tow operators must take “reasonable steps” to locate the vehicle owner or driver. This might include asking people nearby if they know where the driver is, checking the immediate area, or looking for contact details on the vehicle.

Once a tow operator has legally started the towing process, they have the right to complete it (unless you arrive during the loading phase).

What Happens If You Get in Your Car While It’s Being Loaded

If you jump into your car while a tow truck operator is in the process of loading it, here’s what should happen:

The tow operator will stop the loading process. They cannot legally tow your vehicle with you inside it due to safety regulations we’ve already discussed. This is true regardless of the circumstances. Safety rules don’t have exceptions.

If the vehicle hasn’t been fully loaded and secured yet, they must release your vehicle to you immediately without charge. This is your legal right under Queensland’s private property towing regulations.

If your vehicle is already loaded and secured, you’ll need to pay the on-site release fee of $179.95 to have it released.

Under the Tow Truck Act 2023, the operator cannot intimidate, harass, or abuse you during this process. They must conduct themselves professionally.

When Getting in Your Car Could Backfire

While getting in your car might stop the immediate tow, it’s not necessarily the smart move. It could make your situation worse:

Obstruction charges: If you physically obstruct the tow operator or prevent them from performing their lawful duties, they can call the police. What started as a parking fine could escalate into obstruction charges, which carry separate penalties beyond any towing fees.

Police involvement: Police have the authority to remove you from your vehicle if you’re obstructing a lawful towing operation. Refusing to comply with police directions could lead to additional charges.

The tow will happen eventually: The property owner who called the tow still has the right to have your illegally parked vehicle removed. Even if you stop this particular tow, your car will simply be towed the next time you leave it, and you’ll have made the situation more hostile.

Your Better Options

Instead of creating a confrontation, here are smarter approaches:

If you arrive during loading: Politely approach the operator and explain you’ve returned for your vehicle. They’re legally required to release it to you at no charge if it’s not yet fully secured. There’s no need for drama. The law is on your side.

If it’s already loaded: Pay the on-site release fee of $179.95. While this stings, it’s significantly cheaper than letting your car go to the holding yard, where you’ll pay towing costs plus a daily storage fee.

Move your vehicle immediately: Once you have your car back, move it to a legal parking spot right away. If you return it to the same illegal spot, you’ll just be towed again (possibly without another chance for on-site release).

If the tow is unlawful: Don’t obstruct, document instead. Note the tow truck details, take photos, and file a complaint with Transport and Main Roads Queensland (TMR). If proper signage wasn’t displayed or other requirements weren’t met, you may have grounds for recourse. Learn more about what to do if your car is towed in Brisbane.

Address the parking violation: Consider why your car is being towed in the first place. If it’s a recurring issue, finding legal parking or speaking with the property owner about proper parking arrangements is a better long-term solution than playing cat-and-mouse with tow trucks.

Queensland Towing Fees (Private Property):

• If you return during loading: $0 (free release)
• If loaded but still on property: up to $179.95 (on-site release)
• If towed to holding yard: up to $299.90 (towing) + $30/day (storage)

Car-to-Car Towing With Rope or Chain: Driver Required Inside

Here’s where the rules flip entirely. When it comes to DIY towing (where one car tows another using a rope, chain, or strap), Queensland law actually requires a licensed driver to be inside the towed vehicle.

This isn’t just permitted; it’s mandatory. If you’re towing another vehicle with a rope or chain and there’s no one controlling the towed car, you’re breaking the law, and pretty obvious reasons.

Queensland Road Rules Requirements

Under Queensland’s Transport Operations (Road Use Management—Road Rules) Regulation 2009, specifically Sections 216, 294, and 295, the rules are clear:

A driver must not tow another motor vehicle unless:

• The driver of the towing vehicle can control the movement of the towed vehicle, OR
• The brakes and steering of the towed vehicle are in working order AND a person who is licensed to drive that type of vehicle is sitting in the driver’s seat and is in control of its brakes and steering.

The licensed driver in the towed vehicle must:

• Be sitting in the driver’s seat
• Actively control the brakes and steering
• Hold an appropriate licence for that vehicle type
• Be able to respond to the movements of the towing vehicle

This requirement exists because the person in the towed vehicle plays a crucial safety role. They’re responsible for braking when needed and steering to keep the vehicle tracking properly behind the towing vehicle.

Additional Legal Requirements for Rope/Chain Towing

If you’re planning to tow a car with a rope or chain in Brisbane, you need to follow these additional Queensland road rules:

Distance restrictions: The towline cannot allow more than 4 metres between the two vehicles.

Flag requirements: If the towline is longer than 2 metres, you must attach a white or brightly coloured flag at least 300mm square (roughly 30cm x 30cm) at the midpoint of the towline. This makes the connection visible to other drivers.

Night and weather restrictions: When towing at night or in hazardous weather conditions causing reduced visibility, the tail lights of the towed vehicle must be operating effectively and clearly visible. If the lights don’t work, you must fit portable rear lights that are operating properly.

Roadworthiness: Both vehicles must be roadworthy. You can’t tow an unregistered vehicle on public roads unless you have a permit.

Speed and road restrictions: Check local rules about where rope towing is permitted. Many motorways and highways prohibit this type of towing.

Trailers and Caravans: Never Allowed

The rules for trailers and caravans are simple and absolute: passengers must never ride in a trailer or caravan while it’s being towed. This applies throughout Queensland and all Australian states.

Under Queensland’s towing regulations, it is illegal to have any person travelling in a trailer, caravan, or camper being towed by another vehicle. This prohibition applies regardless of distance. Even moving a caravan from one side of your property to another requires passengers to exit first.

The safety reasoning is clear: trailers and caravans have no crash protection, lack proper restraint systems designed for towing conditions, and are at high risk of jackknifing or rolling over in emergency situations. A person riding inside would have essentially no protection in the event of an accident.

Penalties for violating this rule can include fines and demerit points in some Australian states. More importantly, the safety risks make this a rule you should never break, regardless of the legal consequences.

Can You Ride in a Car on a Flatbed Tow Truck in Queensland?

Since flatbed (tilt-tray) tow trucks securely load your entire vehicle onto a flat platform, you might wonder if it’s safer to stay inside your car during transport. The answer in Queensland is still no. Passengers are not permitted to ride in a vehicle being transported on a flatbed tow truck.

While it’s true that your car is secured to the platform and not being pulled behind the truck, Queensland’s tow truck safety regulations don’t make exceptions for flatbed towing. The Tow Truck Regulation 2024 safety standards apply to all types of professional towing operations.

Why is flatbed still considered unsafe for passengers?

Even though the vehicle is secured, it’s still subjected to sudden stops, sharp turns, and road vibrations that can cause injury to someone without proper restraints. The towed vehicle isn’t equipped with seatbelts designed for these conditions, and you’d have no protection in the event of a collision.

If you need to travel with your vehicle, ask the tow operator if you can ride in the cabin instead. This is the safe, legal option for getting from point A to point B with your car.