Clamping on Public Road - Garda Authorisation Required (RTA s.101B)
On a public road, immobilisation of unlawfully parked vehicles is governed by section 101B RTA 1961 (as amended by s.32 VCA 2015). Public-road clamping may only be done by, or under contract to, a local authority and only in accordance with prescribed procedures. A private operator clamping on a public road (even if it appears private, e.g. a shopping street, council-owned car park, harbour area) without local authority authorisation acts unlawfully.
Legal basis
Road Traffic Act 1961 s.101B (as substituted by Vehicle Clamping Act 2015 s.32); statutory clamping place definition.
How to identify this in your case
Check whether the location is a 'public road' (taken-in-charge by a local authority - check the council's roads schedule or PRSA records). If yes, the operator must be operating a statutory clamping place under s.5 VCA 2015 and have the appropriate Garda/local authority authorisation.
Sample appeal wording
To: [Operator] / Local Authority / NTA Re: Clamping at [LOCATION] on [DATE] The location [LOCATION] is a public road taken in charge by [LOCAL AUTHORITY] (PRSA / roads schedule reference [X] enclosed). Under s.101B Road Traffic Act 1961 (as substituted by s.32 VCA 2015), immobilisation of vehicles on a public road may only be done by, or under contract to, a local authority pursuant to prescribed procedures. A 'statutory clamping place' must be designated by Ministerial order under s.5 VCA 2015. I request confirmation, with documentary evidence, that: 1. [Operator] is contracted to [Local Authority] for clamping at this location. 2. The location is a designated statutory clamping place. 3. The procedures under s.101B and the relevant regulations were observed. In the absence of such evidence within 14 days, I require full refund and will refer the matter to An Garda Siochana, the local authority, and the NTA for investigation. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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