Vehicle Clamping Act 2015

PART 1 Preliminary and General

1.. Short title, commencement and collective citation

1. (1) This Act may be cited as the Vehicle Clamping Act 2015.

(2) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) The Road Traffic Acts 1961 to 2014 and Part 5 may be cited together as the Road Traffic Acts 1961 to 2015.

(4) The Fishery Harbour Centres Acts 1968 to 2006 and section 35 may be cited together as the Fishery Harbour Centres Acts 1968 to 2015.

(5) The Harbours Acts 1996 to 2009 and section 36 may be cited together as the Harbours Acts 1996 to 2015.

2.. Interpretation

2. In this Act—

“Act of 1961” means Road Traffic Act 1961;

“Act of 2005” means Railway Safety Act 2005;

“airport” means a State Airport (within the meaning of the State Airports Act 2004) or another airport for which the Minister may make bye-laws under section 15 of that Act;

“authorised person” means a person or a class of persons appointed under section 23;

“clamp” means a device or appliance designed or adapted for fixing to a vehicle for the purpose of preventing it from being driven or otherwise put in motion;

“clamping” means fixing a clamp to a parked vehicle;

“clamping activities” means—

(a) clamping,

(b) removing a clamp from a vehicle,

(c) relocating a vehicle, or

(d) imposing charges—

(i) as a condition for removing a clamp from a vehicle, or

(ii) in respect of the relocation of a vehicle;

“clamping appeals officer” means a person designated by the NTA under section 21;

“clamping notice” means a notice affixed to a vehicle in accordance with section 13;

“clamping operator” means a person who is authorised by a parking controller to carry out clamping activities on behalf of the parking controller and includes an employee of a clamping operator or any other person engaged by a clamping operator to carry out such activities on his or her behalf and, in respect of clamping activities carried out under section 101B, includes a clamping officer (within the meaning of that section);

“clamping place” means a statutory clamping place or a non-statutory clamping place, or both, as the case may be;

“clamping regulations” means regulations made under section 10;

“clamp release charge” means a charge for the removal of a clamp fixed to an unlawfully or a wrongfully parked vehicle;

“code of practice” means a code of practice established under section 12(1);

“enactment” includes an instrument made under an enactment;

“fishery harbour centre” has the meaning assigned to it in the Fishery Harbour Centres Act 1968;

“harbour” has the meaning assigned to it in the Harbours Act 1996;

“local authority” has the meaning assigned to it in the Local Government Act 2001;

“Minister” means Minister for Transport, Tourism and Sport;

“non-statutory clamping place” means a place, other than a statutory clamping place, where clamping activities are in operation;

“NTA” means National Transport Authority;

“park”, in relation to a vehicle, has the meaning assigned to it in section 3 of the Act of 1961;

“parking controller”, in relation to a clamping place, means the person who as regards that clamping place is responsible for enforcement of the law or rules applicable to parking in that place, but does not include a member of the Garda Síochána or a traffic warden authorised in that behalf;

“prescribe” means prescribe by regulations;

“public road” has the meaning assigned to it by section 3 of the Act of 1961;

“relevant charge” means a clamp release charge or a relocation charge or both;

“relocating”, in relation to a wrongfully or an unlawfully parked vehicle, means moving the vehicle from the place where it is parked (whether or not a clamp has been fixed to it before or after its relocation) to another place;

“relocation charge” means a charge for relocating an unlawfully or wrongfully parked vehicle to another place;

“section 101B” means section 101B (inserted by section 32) of the Act of 1961;

“signage regulations” means regulations made under section 11;

“statutory body” means, as the case may be, an airport, Coras Iompair Éireann, the Railway Procurement Agency, a harbour or a fishery harbour centre or a body established under statute having charge of a clamping place specified under section 5;

“statutory clamping place” means—

(a) a public road where clamping activities are carried out in accordance with section 101B,

(b) an airport where clamping activities are carried out under bye-laws made under section 15(3)(o) of the State Airports Act 2004,

(c) land belonging to or occupied by Coras Iompair Éireann where clamping activities are carried out under bye-laws made under section 22(1)(ee) (ii) (inserted by section 34(c)) of the Transport Act 1950,

(d) a fishery harbour centre where clamping activities are carried out under bye-laws made under section 4(2)(aa) (inserted by section 35(a)) of the Fishery Harbour Centres Act 1968,

(e) a harbour where clamping activities are carried out under bye-laws made under section 42(1A)(b) (inserted by section 36(c)) of the Harbours Act 1996,

(f) a place where clamping activities are carried out under section 66A (inserted by section 134 of the Act of 2005) of the Transport (Railway Infrastructure) Act 2001, and

(g) such other places as may be specified by the Minister under section 5 where clamping activities are carried out under an enactment;

“traffic warden” has the meaning assigned to it in the Local Authorities (Traffic Wardens) Act 1975;

“unlawful”, in relation to a vehicle parked in a statutory clamping place, means a vehicle that is parked in contravention of an enactment;

“vehicle” means a mechanically propelled vehicle (within the meaning of section 3 of the Act of 1961) a trailer or semi-trailer or a combination of two or more of them;

“website”, in relation to the NTA, means a website maintained by the NTA on the internet;

“wrongful”, in relation to a vehicle parked in a clamping place, means—

(a) where the clamping place is a non-statutory clamping place, the vehicle is parked in contravention of the terms and conditions or restrictions or prohibitions applicable to parking in the place concerned, or

(b) where the clamping place is a statutory clamping place under the control of a statutory body, the charge imposed for parking the vehicle, permitted to be fixed under an enactment, is not paid and the failure to pay the charge does not constitute a contravention of an enactment.

3.. Laying of regulations and orders

3. Every regulation made under this Act or order made under section 5 shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House sits after the regulation or order is laid before it, the regulation or order is annulled, but without prejudice to the validity of anything previously done under it.

4.. Matters relating to regulations made by NTA

4. F1[(1) Before making regulations under this Act (other than undersection 15) the NTA shall—

(a) consult with the Minister, and where the proposed regulations relate to a statutory clamping place, the body having responsibility for that place,

(b) publish a notice in at least one national newspaper circulating in the State and on its website—

(i) indicating that it proposes to make regulations under this Act,

(ii) indicating that a copy of the proposed regulations is available for inspection at the NTA offices specified in the notice and on its website for a specified period (being not less than 30 days), and

(iii) stating that representations concerning the proposed regulations may be made in writing before a specified date (which shall be not less than 14 days after the end of the period for inspection),

and

(c) consider any representations received pursuant toparagraph (b).]

(2) The NTA, after consulting in accordance with subsection (1)(a), and having considered any representations made under subsection (1)(b), regarding regulations it proposes to make under this Act, may make the regulations, with or without modification.

(3) Where regulations are made by the NTA under this Act, the NTA shall publish on its website—

(a) a copy of the regulations or a notice of their making with a description of them, and

(b) reference to the statutory instrument number assigned to them.

(4) The validity of any regulations made under this Act shall not be affected by any non-compliance with subsection F2[…] (3).

(5) The NTA may make regulations prescribing any matter referred to in this Act as prescribed or to be prescribed.

5.. Specification of statutory clamping places - order of Minister

5. In addition to the places specified in section 2, the Minister may, after consultation with the NTA and any other person he or she considers relevant, by order specify other places, where the carrying out of clamping activities is authorised under an enactment, which are to be statutory clamping places.

6.. Expenses

6. The expenses incurred by the Minister in the administration of this Act shall, to the extent sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

PART 2 Regulation of Clamping Activities in Clamping Places

7.. Function of NTA to regulate clamping, etc.

7. The functions of the NTA shall include the regulation of clamping activities in clamping places in accordance with this Act and the matters relating to appeals specified in Part 3.

8.. Ministerial policy directions

8. (1) The Minister may, from time to time, give policy directions in writing to the NTA regarding its functions under this Act and the NTA shall comply with any such direction.

(2) Notice of any direction given under subsection (1) and details of it shall be—

(a) laid before each House of the Oireachtas, as soon as may be, after it has been given, and

(b) published in Iris Oifigiúil and on the website of the Department of Transport, Tourism and Sport, not later than 21 days of it being given.

9.. Clamping activities to be in accordance with Act

9. Where clamping activities are carried out in a clamping place, then, without prejudice to the legality or otherwise of those activities, they shall be carried out in accordance with this Act, clamping and signage regulations and maximum charges provided or prescribed under section 15.

10.. Clamping regulations

10. (1) For the purposes of the proper management of clamping activities in the public interest, the NTA may make regulations (“clamping regulations”) in relation to clamping places prescribing all or any of the following:

(a) the period of time which shall expire after the detection of the wrongful or unlawful parking of a vehicle in a clamping place, before—

(i) a clamp may be fixed to the vehicle, and

(ii) a vehicle may be relocated;

(b) the period of time within which a clamp shall be removed from a vehicle after payment of a clamp release charge and, where the vehicle has been relocated, after payment of a relocation charge;

(c) the restriction of the imposition or the amount of charges in addition to the maximum charge prescribed or provided for under section 15;

(d) access, in a non-statutory clamping place, to a vehicle, which has been relocated, by or on behalf of its owner, in order to recover it;

(e) requirements in relation to the type of clamp that may be used;

(f) where evidence of unlawful or wrongful parking is gathered by means of photographs, video or other recording methods, the manner of such gathering;

(g) the means of identification to be carried, displayed and presented by a clamping operator (other than a member of the Garda Síochána or a traffic warden), including identity cards or any other means that may be specified;

(h) other than in relation to a vehicle being used by, or at the request of, a member of the Garda Síochána, the means of identification and markings to be displayed on vehicles used in relation to carrying out clamping activities;

(i) the form of a clamping notice (other than for a vehicle clamped under section 101B);

(j) the manner in which payment of a clamp release charge or relocation charge may be made;

(k) the records to be kept in respect of clamping activities;

(l) the information to be provided to the NTA or an authorised person—

(i) by a parking controller, in relation to clamping places under his or her control (including clamping activities taking place there), and

(ii) by a clamping operator, in relation to clamping activities he or she or his or her employees carry out;

(m) where information is provided by electronic or other means to the public regarding clamping activities in a clamping place, the form and content of that information.

(2) The NTA, in making clamping regulations, may set different requirements and conditions in respect of—

(a) statutory and non-statutory clamping places,

(b) different clamping places, and

(c) different circumstances, different hours of the day and different areas.

(3) Regulations made under paragraph (a), (b), (e) or (f) of subsection (1) do not apply to a vehicle clamped or relocated by, or at the direction of, a member of the Garda Síochána.

(4) A person who fails to comply with or contravenes a provision of clamping regulations, which is stated in the regulations to be a penal provision, commits an offence and is liable on summary conviction to a class C fine.

(5) The NTA shall not make clamping regulations which—

(a) relate to statutory clamping places, or

(b) contain a provision which is stated in the regulations to be a penal provision,

without the consent of the Minister.

11.. Signage

11. (1) A parking controller in relation to a clamping place, other than a public road, for which he or she is the parking controller shall ensure that—

(a) he or she provides in prominent places (in accordance with any signage regulations, for the time being in force, which apply to the clamping place) signs which indicate clearly that clamping activities are in operation in that place and are visible to a person accessing the place with a vehicle,

(b) the signs specify—

(i) the clamp release charge (if any),

(ii) the relocation charge (if any), and

(iii) any additional charges (if any) that may be payable in respect of a vehicle which has been clamped,

and

(c) any code of practice relating to signage, for the time being in place, which applies to the clamping place is complied with.

(2) The NTA may make regulations (“signage regulations”) with respect to signage to be provided and displayed in or at a clamping place, other than a public road, with regard to all or any of the following:

(a) the location of signs, including—

(i) at, or in the vicinity of, an entrance to a place,

(ii) within or throughout a place;

(b) the information (including its form) to be displayed on signs;

(c) the dimensions, colour and design of signs;

(d) the symbols to be displayed on signs; and

(e) the number of signs to be provided.

(3) In making signage regulations, the NTA may set different requirements and conditions in respect of—

(a) statutory and non-statutory places,

(b) different clamping places, and

(c) different circumstances and different areas.

(4) A parking controller who fails to comply with subsection (1) (other than paragraph (c)) commits an offence and is liable on summary conviction to a class C fine.

(5) Where a sign is provided in accordance with signage regulations displaying the clamp release charge or the relocation charge which applies in a clamping place and the parking controller for that place or any clamping operator carrying out clamping activities in that place imposes a clamp release charge or relocation charge greater than the charge displayed, he or she commits an offence and is liable on summary conviction to a class B fine.

(6) It shall not be a defence in any proceedings for an offence in relation to unlawful parking for the accused to show that this section has not been complied with by the parking controller concerned.

(7) The NTA shall not make signage regulations without the consent of the Minister.

12.. Codes of practice

12. (1) The NTA may establish a code of practice—

(a) providing practical guidance to parking controllers and clamping operators regarding compliance with this Act or regulations made under it, and

(b) establishing standards in relation to the general behaviour, performance of duties and conduct of—

(i) parking controllers in supervising the operations of clamping operators, and

(ii) clamping operators in carrying out clamping activities.

(2) A code of practice shall be published by the NTA—

(a) on the website of the NTA in such a form or manner as the NTA thinks appropriate, and

(b) in printed form available on request on payment of such reasonable fee (if any) as the NTA decides,

and the published code shall specify the date from which it has effect.

(3) The NTA shall consult with the Minister when preparing a draft of a code of practice or any amendments to a code of practice.

(4) Before establishing a code of practice or amending a code of practice, the NTA—

(a) shall publish on its website a draft of the proposed code or amendment and allow persons a specified period, being not less than 21 days after the date of publication, to make written representations to the NTA in relation to the draft code or draft amendment, as the case may be, and

(b) may, having considered any representations received, establish the draft code or make the amendment, with or without modification.

(5) Subsection (6) applies in proceedings for an offence under this Act where there was a relevant code of practice in effect at the time of the commission of the alleged offence.

(6) Where it is shown in any proceedings that an act or omission of the accused constituted an element of an offence and such act or omission was—

(a) a failure to observe a relevant code of practice referred to in subsection (5), or

(b) in compliance with a code of practice,

the failure or compliance is admissible in evidence.