Applying for and maintaining tow truck holding yards

Find out what security requirements and operational conduct you must follow if you have a holding yard.

Security requirements of holding yards

When applying for an accident towing licence, you must nominate a safe and secure holding yard for the temporary storage of towed motor vehicles as set out in the:

The holding yard must:

be in a location that is not more than 10 km from your place of business
not be a public thoroughfare
have a security fence that is at least 2 metres high with a lockable gate. The security fence must be maintained and if it is damaged, must be repaired within 21 days
have flood lighting installed
have a closed-circuit television system or monitored security alarm system installed.

If you need an exemption from these requirements, it must be sought in writing from the Secretary, Department of Customer Service.

Operational conduct of the holding yard owner

As the tow truck holding yard owner, you are responsible for:

Council approval to operate a holding yard or shared holding yard to securely store towed motor vehicles that will not be exposed to damage or unauthorised access.
Twenty-four hours a day, 7 days a week access for all operators with vehicles listed on your licence, emergency services and authorised officers. Motor vehicle owners can be charged for after-hours access if they are notified of the access fees first.
Weekday business hours of at least 9am to 5pm for access by the public and by motor vehicle owners or their representatives to collect personal items at no charge.
Having enough space to store a minimum of 4 cars per truck that you operate.
Having systems in place to allow the motor vehicle owner or the owner’s nominated agent reasonable access to their motor vehicle during business hours and at no charge to the owner, to collect items or remove the motor vehicle (once the owner’s agent has paid the fees).
Having rules in place that state that a motor vehicle cannot be removed to obtain a repair quote unless authorised by the motor vehicle owner or the owner’s agent.

Shared holding yards

When 2 or more licensees apply to use the same holding yard we will consider:

if the premises complies with the holding yard requirements
what type of business or activities will be carried out and whether the premises will be used for unrelated business
whether each licensee will have separate secured areas.

When a holding yard is shared, the licensee who towed the motor vehicle to the yard is responsible for the prevention of damage to any motor vehicle stored in the shared holding yard.

If you have gained approval for a second holding yard, you must not charge a fee for moving vehicles between their approved holding yards.

Holding yard registers

You must keep a holding yard register for each holding yard listed on your licence. If the register is electronic, it must be printed weekly and stored at your business premises.

The register must be updated and completed within 24 hours of each motor vehicle that is towed in and out of the holding yard.

Motor vehicles moved between approved holding yards must be added to the register.

Vehicles towed to a holding yard with a towing authorisation must show the full holding yard address such as the:

street number
street name
suburb
postcode.

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Exemptions to the holding yard requirements

Holding yards not required to be maintained

Some tow truck operators are not required to maintain a holding yard. Operators who only operate tow trucks that:

have a gross combination mass of 20 tonnes or more for towing heavy motor vehicles
are used for towing motor vehicles for the purposes of metal recycling, vehicle demolition or dismantling by a vehicle-wrecker
are used for purposes other than attending motor vehicle accidents.

Some heavy tow truck operators are exempt from having a holding yard on their licence. If they want to charge storage fees for a vehicle stored in their holding yard, it must be approved and on their licence.

Applications for holding yards that exceed 10 km from your place of business

The application form and application fee must be emailed for assessment of the:

distance from the place of business
population density and distance from other population centres
need for additional services in the proposed area to locate the additional holding yard
need to consider any other matters.

Any reasonable costs associated with the investigation of the application are to be met by the applicant.

The applicant will receive notice of the outcome in writing. If not approved, the application will be provided with reasons why.

If approved, the licensee must:

not charge fees for excess kilometres or moving the motor vehicle from one holding yard to another
ensure that any motor vehicle is always towed to the nearest holding yard.

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