Vehicle Clamping Act 2015 (Ireland)

Provision 1· IE, IE_VCA_2015, section 1

Vehicle Clamping Act 2015 s.1 — Short title, commencement and collective citation (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. Interpretation

Provision 2· IE, IE_VCA_2015, section 2

Vehicle Clamping Act 2015 s.2 — Interpretation 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 [...]

Provision 3· IE, IE_VCA_2015, section 2

Vehicle Clamping Act 2015 s.2 — Interpretation (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 i [...]

Provision 4· IE, IE_VCA_2015, section 2

Vehicle Clamping Act 2015 s.2 — Interpretation (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 197 [...]

Provision 5· IE, IE_VCA_2015, section 3

Vehicle Clamping Act 2015 s.3 — Laying of regulations and orders 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. Matters relating to regulations made by NTA

Provision 6· IE, IE_VCA_2015, section 4

Vehicle Clamping Act 2015 s.4 — Matters relating to regulations made by NTA (1) Where the NTA proposes to make regulations under this Act (other than under section 15 ), it shall— (a) consult with the Minister and, where the proposed regulations relate to a statutory clamping place, the body having responsibility for that place, and (b) publish on its website, as well as in one national newspaper circulating within the State, a draft of the proposed regulations stating that representations may be made in writing to the NTA before a specified date (which shall not be less than 21 days from the date of publication on the website) and consider any representations made to it. (2) The NTA, after consulting in accordance with subsection (1)(a) , and having considered any representations made und [...]

Provision 7· IE, IE_VCA_2015, section 5

Vehicle Clamping Act 2015 s.5 — Specification of statutory clamping places - order of Minister 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. Expenses

Provision 8· IE, IE_VCA_2015, section 6

Vehicle Clamping Act 2015 s.6 — Expenses 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 Function of NTA to regulate clamping, etc.

Provision 9· IE, IE_VCA_2015, section 7

Vehicle Clamping Act 2015 s.7 — Function of NTA to regulate clamping, etc. 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 . Ministerial policy directions

Provision 10· IE, IE_VCA_2015, section 8

Vehicle Clamping Act 2015 s.8 — Ministerial policy directions (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. Clamping activities to be in accordance with Act

Provision 11· IE, IE_VCA_2015, section 9

Vehicle Clamping Act 2015 s.9 — Clamping activities to be in accordance with Act 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 . Clamping regulations

Provision 12· IE, IE_VCA_2015, section 10

Vehicle Clamping Act 2015 s.10 — Clamping regulations (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 p [...]

Provision 13· IE, IE_VCA_2015, section 10

Vehicle Clamping Act 2015 s.10 — Clamping regulations (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 s [...]

Provision 14· IE, IE_VCA_2015, section 11

Vehicle Clamping Act 2015 s.11 — Signage (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 [...]

Provision 15· IE, IE_VCA_2015, section 11

Vehicle Clamping Act 2015 s.11 — Signage (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. Codes of practice

Provision 16· IE, IE_VCA_2015, section 12

Vehicle Clamping Act 2015 s.12 — Codes of practice (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 ha [...]

Provision 17· IE, IE_VCA_2015, section 12

Vehicle Clamping Act 2015 s.12 — Codes of practice (7) A copy of a code of practice which has endorsed on it a certificate purporting to be signed by an officer of the NTA, authorised by the NTA in that behalf, stating that the copy is a true copy of the code of practice may, without proof of the signature of the person signing the certificate or that he or she is authorised to sign the certificate, be produced in every court and in all proceedings under this Act and is evidence, unless the contrary is shown, of the code of practice. Clamping notice

Provision 18· IE, IE_VCA_2015, section 13

Vehicle Clamping Act 2015 s.13 — Clamping notice (1) When fixing a clamp to a vehicle in a clamping place, the clamping operator or person fixing the clamp to the vehicle shall also affix to the vehicle a notice (“clamping notice”) which shall— (a) indicate the reason for the clamp being fixed to the vehicle, (b) indicate— (i) that a clamp has been fixed to the vehicle, and (ii) the time and date when— (I) the wrongful or unlawful parking of the vehicle was detected, and (II) the clamp was fixed to the vehicle, (c) give a warning that an attempt should not be made to drive the vehicle or otherwise put it in motion until the clamp is removed, (d) specify the steps to be taken to secure the removal of the clamp, and (e) give details of the appeals process under Part 3 . (2) This section does [...]

Provision 19· IE, IE_VCA_2015, section 14

Vehicle Clamping Act 2015 s.14 — Prohibition on clamping and relocating certain vehicles (1) A clamp shall not be fixed— (a) in a clamping place, to— (i) an ambulance (provided by a pre-hospital emergency care service provider recognised by the Pre-Hospital Emergency Care Council), (ii) a fire brigade vehicle of a fire authority (within the meaning of the Fire Services Act 1981 ), (iii) any vehicle used by a member of the Garda Síochána or the Defence Forces in the performance of his or her duties, or (iv) a vehicle used in connection with the operation of electronic or other apparatus referred to in section 81 (1) of the Road Traffic Act 2010 under an agreement in accordance with subsection (7) of that section and which is at a location determined by a member of the Garda Síochána not bel [...]

Provision 20· IE, IE_VCA_2015, section 15

Vehicle Clamping Act 2015 s.15 — Maximum clamp release and relocation charges - non-statutory clamping places (1) The NTA may prescribe the maximum charges that may be imposed in non-statutory clamping places in respect of— (a) the removal of a clamp from a wrongfully parked vehicle, and (b) the relocation of a wrongfully parked vehicle. (2) Where no charge stands prescribed under paragraph (a) or (b) of subsection (1) the maximum charge that may be imposed in a non-statutory clamping place— (a) in respect of a clamp release charge, is €100, and (b) in respect of a relocation charge, is €50, or such other amounts as stand, for the time being, prescribed by the Minister in lieu of the charge, after consultation with the NTA. (3) When making regulations under subsection (1) , the NTA may spe [...]

Provision 21· IE, IE_VCA_2015, section 16

Vehicle Clamping Act 2015 s.16 — Consultation by statutory bodies, etc., when fixing clamp release or relocation charges (1) Where, after the commencement of this section, a statutory body proposes to fix clamp release charges or relocation charges in respect of unlawfully or wrongfully parked vehicles on land or property it owns, leases or which is under its control, the body shall consult with the NTA regarding such proposal, and shall have regard to any recommendation of the NTA, before fixing such charges. (2) Where a statutory body imposes clamp release charges or relocation charges in respect of unlawfully or wrongfully parked vehicles on land or property it owns, leases or which is under its control, and such charges are in force immediately before the commencement of this section, [...]

Provision 22· IE, IE_VCA_2015, section 17

Vehicle Clamping Act 2015 s.17 — Removal of clamp or release of vehicle (1) Where in a clamping place a clamp has been fixed to a vehicle, the clamp shall be removed within such time period as may be specified in clamping regulations, after payment of the clamp release charge or its waiver. (2) Where in a clamping place a vehicle is relocated to a place where the owner of the vehicle cannot gain access to the vehicle, the vehicle shall be released within such period as may be specified in clamping regulations after payment of the relocation charge or its waiver. (3) Where no period stands specified, for the time being, in clamping regulations in which a clamp fixed to a vehicle in a clamping place shall be removed or a vehicle shall be released in the circumstances mentioned in subsection [...]

Provision 23· IE, IE_VCA_2015, section 18

Vehicle Clamping Act 2015 s.18 — Complaints procedure (1) The NTA may set up a procedure to consider complaints from members of the public (“complaints procedure”) in respect of— (a) the discharge of responsibilities by parking controllers, (b) the conduct, behaviour and identification of clamping operators, (c) unnecessary delay on the part of parking controllers or clamping operators in responding to complaints or other communication from members of the public, and (d) the identification of vehicles used by clamping operators (including logos, stickers and advertisements on such vehicles). (2) The complaints procedure may be amended by the NTA. (3) The complaints procedure shall, as far as practicable, be user-friendly and accessible. (4) The NTA shall publish details of the complaints p [...]

Provision 24· IE, IE_VCA_2015, section 19

Vehicle Clamping Act 2015 s.19 — Right of appeal A person whose vehicle has been clamped in a clamping place or relocated within or from a clamping place may appeal the decision to clamp or relocate the vehicle— (a) in the first instance, to the parking controller in accordance with the procedures set out in section 20 , and (b) where the person is not satisfied with the determination of the parking controller, to a clamping appeals officer in accordance with the procedures set out in section 22 . Appeal procedures - parking controller

Provision 25· IE, IE_VCA_2015, section 20

Vehicle Clamping Act 2015 s.20 — Appeal procedures - parking controller (1) A parking controller shall put procedures in place to enable a person whose vehicle has been clamped or relocated to appeal to the parking controller against that decision. (2) The procedures referred to in subsection (1) shall provide for the following: (a) the grounds for an appeal; (b) the person to whom an appeal may be made; (c) the form, including electronic, in which the appeal may be made; (d) the documentation to be submitted with an appeal; (e) the time period within which a person may lodge an appeal. (3) An appeal shall be considered by a parking controller within 21 days of the date on which the appeal is lodged. (4) A parking controller shall make available in printed form on request and free of charg [...]