You can have illegally parked cars towed from your private property in Brisbane, but you must follow Queensland’s tow truck regulations. Since April 2018, all private property towing must be done by an accredited driver using a licensed tow truck, and you’ll need proper signage and a written contract with your chosen tow operator.
If you live or work in an area where parking is limited, you might have to deal with drivers creating their own parking spaces. The good news is you have legal options to deal with this.
If illegally parked cars are a common problem for you, the best solution is to engage a tow operator. Essentially, have a towing company at the ready to tow any car parked illegally on your private property. It’s up to your discretion if and when you choose to enforce the parking rules for your private property. If you want to enforce them, there are a few areas for us to cover here so let’s start by taking a look at your responsibilities.
Quick Reference: Private Property Towing in Brisbane
Short answer: Yes, you can have illegally parked cars towed from your private property in Brisbane, but you must follow Queensland’s tow truck regulations.
Current Law
Governed by the Tow Truck Act 2023 and Regulation 2024, replacing the older 1973 Act.
Licensed Only
Only accredited tow truck drivers using licensed trucks can remove vehicles from private property.
Capped Fees
Maximum fees are regulated: $299.90 tow, $179.95 on-site release, $30/day storage.
Owner Search
Tow operators must make reasonable efforts to locate the vehicle owner before towing.
Police Notified
Police must be notified within 1 hour of storing a towed vehicle at the holding yard.
No Clamping
Wheel clamping and vehicle detention remain illegal in Queensland.
Your responsibilities in getting a car towed from private property
Before you contact a tow company to have a car removed, make sure you protect yourself. The last thing you want is to end up with a fine or other repercussions just because you missed an important step.
Put up clear signage
You need to make it clear to motorists that those spaces are private property. We’ve all seen the signs before — warning that it’s a private parking space and your vehicle will be towed.
There’s no better way to make it clear than putting a sign like this at each of your parking spaces.
This will deter most people from parking there at all and prevention is always better than the cure. If someone still decides to park their car illegally right in front of a sign saying they’ll get towed, it’s very hard for them to argue from there. You’re eliminating most problems right away by doing this.
To get the most from your signage, it should be:
- Very obvious to anyone using your parking space(s)
- Clear which parking space(s) the sign refers to
- Unobstructed and easy to read
- Written in a way that’s easy to understand
If you’ve ever looked at parking zone signage on the streets of Brisbane, you’ve seen poor signage. The type of signs where you have to stop and read it three times to figure out if you can park there or not — that’s a perfect example of what not to do!
For more great information on parking signage, take a look at the Department of Transportation and Main Roads’ Private Property Signage Guidelines.
No wheel clamping
No matter what, it’s illegal to detain a parked car using a wheel clamp or any other type of immobilising device.
In fact, it’s illegal to detain an illegally parked car at all. If you’re keeping a driver from moving their car from your parking spot, you’re breaking the law and leaving yourself open to paying those tow charges too.
Prevention is always the best solution
You might be thinking that it’s not your responsibility to keep people from parking illegally. While you’re not exactly wrong, it’s still a pain for you to keep getting them removed.
Although not your responsibility, using chains, gates or bollards to restrict drivers can make this whole problem go away. This is especially effective if you have the issue of people parking their car illegally after hours and leaving it there.
If it’s physically impossible for them to get to your private parking space after hours, problem solved!
Engaging a towing operator
If you’ve got your signage up and people are still illegally parking their car in your car park, it’s time to take action. The way to do this is by engaging a Brisbane towing operator to remove illegally parked cars, now and in the future.
They’re there to monitor and enforce the conditions of your parking area on your behalf. This means clear parking spots for your customers and no more having to deal with the issues yourself. Simple!
There are a few things to know before you choose a towing operator:
- Their operation must be licensed with the Department of Transport and Main Roads
- Their drivers and assistants must be accredited
- They must be using licensed tow trucks
Make sure they’re right for you
Before you go any further, have a conversation with the towing operator. Make sure what they’re offering, how they operate and what they charge is suitable for your needs.
As you’ll see below, we are heavily regulated but that doesn’t mean all towing companies are the same. Do your homework before you go signing any contracts.
You must officially enter into a contract with your chosen tow company
To have a towing operator act on your behalf, you need to enter into an official (written) contract with them. This will outline the services being offered and confirm that both parties agree to such enforcement. It can’t be just any old truck and driver towing cars.
You’ll also need a towing consent form before any cars can be towed. If the vehicle owner requests it, this towing consent form must be produced.
Tow truck operator’s responsibilities
Although not directly up to you to monitor, it’s still a good idea to understand some of the tow truck operator’s responsibilities as well. After all, if they’re doing something illegal, it can reflect badly on you.
This is a heavily regulated industry and these regulations are taken seriously.
Conduct of the tow truck licence holder and driver
To avoid unfair or unnecessary actions from towing companies, they must do everything reasonable to find the driver of the vehicle before loading it onto a tow truck.
If the driver comes back while they’re in the process of loading it, they’re also required to release the vehicle immediately — without charging you or the driver. No questions asked.
If the driver comes back after their vehicle has been completely secured on the truck, that’s a different story. The vehicle still has to be released immediately but only after paying the on-site release fee (up to $179.95 under the Tow Truck Regulation 2024).
If the driver refuses to pay, the tow truck operator is free to remove the vehicle from your property.
If that’s the case, or the vehicle’s owner/driver can’t be located, the towing operator is free to tow the vehicle to a holding yard. This must be done via the most direct route practical and the holding yard must be TMR-approved.
During the towing process and while in the holding yard, they must take all reasonable precautions to prevent loss or damage to the vehicle and any personal items inside.
Last but not least, they cannot threaten or intimidate vehicle owners or drivers during the process. From TMR’s Private Property Parking and Towing Fact Sheet:
“The tow truck licence operator and driver must not directly or indirectly cause or threaten wilful injury to a person or their property; intimidate, harass, abuse or insult a person or prevent or hinder the delivery of first aid or medical treatment“
This might seem like common sense but you’d be surprised sometimes. . .
Letting police know when a vehicle has been towed from private property
It’s also the tow truck licence holder’s responsibility to notify the Queensland Police Service that they’ve towed an illegally parked car. This must be done as soon as practicable, no more than 1 hour after the vehicle has been stored in the holding yard.
This is an important step. Not only is it a regulatory requirement but it also means the driver can easily find out what happened to their vehicle.
Maximum regulated fees for towing illegally parked cars in Brisbane
Under the Tow Truck Regulation 2024 (commenced 26 August 2024), maximum fees for private property towing in Queensland are:
Under the Tow Truck Regulation 2024 (commenced 26 August 2024), maximum fees for private property towing in Queensland are:
| Service | Maximum Fee (inc. GST) |
|---|---|
| Private property tow | $299.90 |
| On-site release | $179.95 |
| Daily storage (after first 72 hours) | $30.00/day |
What’s included in the tow fee:
The $299.90 maximum tow fee includes:
- 1 hour of working time at the scene
- Taking reasonable steps to locate the vehicle owner
- Transporting the vehicle to the nearest approved holding yard
- 72 hours of storage at the holding yard
Fees that CANNOT be charged:
- Call-out fees
- Travel time to reach the vehicle
- Fees for locating the owner
- Allowing vehicle access at the holding yard (during business hours)
- Any fee charged to the property owner in addition to the vehicle owner
These maximum fees are indexed annually. For the most current rates, check the TMR website or contact a licensed tow operator.
Source: Tow Truck Regulation 2024
Where these regulations apply in Brisbane
These towing regulations apply not just in Brisbane but across various parts of Queensland
The Shires of – Beaudesert, Boonah, Caboolture, Esk, Gatton, Kilcoy, Laidley, Maroochy, Noosa, Pine Rivers and Redland.
The Cities of – Brisbane, Bundaberg, Cairns, Caloundra, Gold Coast, Hervey Bay, Ipswich, Logan, Mackay, Maryborough, Redcliffe, Rockhampton and Toowoomba.
The areas made up of the parishes of:
Clement and Hinchinbrook in the county of Gray
Beor, Bohle, Coonambelah, Ettrick, Halifax, Hervey, Lansdowne, Magnetic, Margenta, Rokeby, Ross, Stuart and Wyoming in the county of Elphinstone.
Source: TMR Tow truck scheme
This basically covers the greater Brisbane and surrounding areas. If you’re unsure if your part of South East Queensland falls under these regulations, contact your local council for more information.
Frequently Asked Questions
We get a lot of questions about towing illegally parked cars in Brisbane, so here are a the most common questions, along with a simple answer. For a more detailed overview of the topic, be sure to read the article above.
If you still have questions, feel free to give us a call and we’ll be happy to answer them for you on the spot!
For a vehicle to be considered ‘illegally parked’, there are a few conditions that have to be met. First off, you must have clear signage which indicates that it’s a private parking spot.
To get the most from your signage, it should be:
- Very obvious to anyone using your parking space(s)
- Clear which parking space(s) the sign refers to
- Unobstructed and easy to read
- Written in a way that’s easy to understand
If a parking spot is clearly marked as private and someone has still parked there illegally, your next step is to contact a qualified towing operator. You’ll need to enter into a written contract with them. This contract outlines the services being provided and confirms that both parties agree to the conditions set out.
You’ll also need a towing consent form before any cars can be towed. If the vehicle owner requests it, this towing consent form must be produced.
Prevention will always be your best option when it comes to cars parking illegally in your space. The best way to do this is to make it more challenging for drivers to put there car there in the first place.
You can use anything from plastic bollards to chains or gates to keep other cars out. While this may not be practical in all cases (e.g. visitor parking) it can be more convenient than having to call a tow truck every morning to access your office parking spot!
Queensland’s Department of Transport and Main Roads (TMR) regulates what a towing operator can charge when towing an illegally parked car.
These maximum regulated fees include:
- A standard tow of a motor vehicle from private property: $299.90
- The on-site release of a motor vehicle from private property capped at $179.95
- A daily charge for storing a motor vehicle towed from private property to the nearest holding yard capped at $30.00 per day
Source: TMR Fact Sheet
No, you cannot tow an illegally parked car yourself in Queensland. Under the Tow Truck Act 2023, only accredited tow truck drivers using licensed tow trucks can remove vehicles from private property in regulated areas.
Attempting to tow a vehicle yourself, or using an unlicensed operator, could result in fines and potential liability for any damage to the vehicle. Always engage a licensed tow truck operator who holds a current accreditation with the Department of Transport and Main Roads.
To have an illegally parked car towed from your Brisbane property, follow these steps:
- Ensure you have proper signage displayed warning that vehicles will be towed
- Enter into a written contract with a licensed tow truck operator
- Complete a Towing Consent form (QF5209) authorising the removal
- Contact your contracted tow operator when a vehicle needs to be removed
- The tow operator will attempt to locate the driver before loading the vehicle
- If the driver cannot be found, the vehicle will be towed to an approved holding yard Your tow operator handles the rest, including notifying Queensland Police within 1 hour of storing the vehicle.
There is no set time limit for collecting a towed vehicle from a holding yard, but storage fees apply after the first 72 hours. The initial tow fee ($299.90 maximum) includes 72 hours of storage. After that, the holding yard can charge up to $30 per day for storage.
Vehicle owners should collect their car as soon as possible to minimise costs. The holding yard must allow access during business hours at no additional charge.
No, you cannot be charged for having a vehicle towed from your private property. Under the Tow Truck Regulation 2024, the property owner must not be charged in addition to the vehicle owner.
All towing and storage fees are the responsibility of the person who parked illegally. This is why proper signage is important – it clearly warns drivers that they park at their own risk and will be responsible for tow fees if removed.