Vehicle Clamping Act 2015


Number 13 of 2015


VEHICLE CLAMPING ACT 2015

REVISED

Updated to 1 October 2017


This Revised Act is an administrative consolidation of Vehicle Clamping Act 2015. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Mediation Act 2017 (27/2017), enacted 2 October 2017, and all statutory instruments up to and including Vehicle Clamping and Signage Regulations 2017 (S.I. No. 421 of 2017), made 29 September 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 13 of 2015


VEHICLE CLAMPING ACT 2015

REVISED

Updated to 1 October 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Road Traffic Acts 1961 to 2016 : this Act is one of a group of Acts included in this collective citation, to be read together as one ( Road Traffic Act 2016 (21/2016), s. 1(3)). The Acts in the group are:

Road Traffic Act 1961 (24/1961)

Road Traffic Act 1968 (25/1968)

Road Traffic (Amendment) Act 1984 (16/1984)

Dublin Transport Authority (Dissolution) Act 1987 (34/1987), insofar as it amends the Road Traffic Acts 1961 to 1984

Road Traffic Act 1994 (7/1994)

Road Traffic Act 2002 (12/2002)

Road Traffic Act 2004 (44/2004), other than Part 6

Railway Safety Act 2005 (31/2005), Part 17

Road Traffic Act 2006 (23/2006), other than s. 21

Roads Act 2007 (34/2007), s. 12

Road Traffic Act 2010 (25/2010)

Road Traffic Act 2011 (7/2011)

Road Traffic (No. 2) Act 2011 (28/2011)

Taxi Regulation Act 2013 (37/2013), Part 11

Road Traffic Act 2014 (3/2014)

Road Traffic (No. 2) Act 2014 (39/2014)

Vehicle Clamping Act 2015 (13/2015), Part 5

Public Transport Act 2016 (3/2016), s. 8

Road Traffic Act 2016 (21/2016)

Acts previously included in the group but now repealed are:

Road Traffic and Transport Act 2006 (28/2006), s. 1

Road Traffic Act 2003 (37/2003)

Road Traffic Act 1995 (7/1995)

Road Traffic (Amendment) Act 1978 (19/1978)

Road Traffic (Amendment) Act 1973 (15/1973)

Fishery Harbour Centres Acts 1968 to 2015 : this Act is one of a group of Acts included in this collective citation, to be read together as one ( Harbours Act 2015 (61/2015), s. 1(4)). The Acts in the group are:

Fishery Harbour Centres Act 1968 (18/1968)

Fishery Harbour Centres Act 1980 (22/1980)

Fisheries and Foreshore (Amendment) Act 1998 (54/1998), ss. 1 (in part) and 6

Fishery Harbour Centres (Amendment) Act 1992 (10/1992)

Maritime Safety Act 2005 (11/2005), s. 54

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 102

Vehicle Clamping Act 2015 (13/2015), s. 35

Harbours Act 2015 (61/2015), s. 52

Harbours Acts 1996 to 2015 : this Act is one of a group of Acts included in this collective citation, to be read together as one ( Harbours Act 2015 (61/2015), s. 1(2)). The Acts in the group are:

Harbours Act 1996 (11/1996)

Harbours (Amendment) Act 2000 (21/2000)

Maritime Safety Act 2005 (11/2005), s. 58

Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006), s. 1(4) and Part 4

Harbours (Amendment) Act 2009 (26/2009), other than ss. 7(1) and (2), 20 and 21(3)

Vehicle Clamping Act 2015 (13/2015), s. 36

Harbours Act 2015 (61/2015), other than Part 6

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1994, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Road Traffic Act 2016 (21/2016)

Roads Act 2015 (14/2015)

Freedom of Information Act 2014 (30/2014)

National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012)

Road Traffic Act 2010 (25/2010)

Road Traffic Act 2006 (23/2006)

Safety, Health and Welfare at Work Act 2005 (10/2005)

Road Traffic Act 2004 (44/2004)

Road Traffic Act 2002 (12/2002)

Transport (Railway Infrastructure) Act 2001 (55/2001)

Freedom of Information Act 1997 (13/1997)

Road Traffic Act 1994 (7/1994)

Roads Act 1993 (14/1993)

Road Traffic (Amendment) Act 1978 (19/1978)

Local Authorities (Traffic Wardens) Act 1975 (14/1975)

All Acts up to and including Mediation Act 2017 (27/2017), enacted 2 October 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Vehicle Clamping and Signage Regulations 2017 (S.I. No. 421 of 2017)

Vehicle Clamping Act 2015 (Commencement) Order 2017 (S.I. No. 211 of 2017)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006)

National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 298 of 2002)

European Communities (Licensing of Drivers) Regulations 1989 (S.I. No. 287 of 1989)

All statutory instruments up to and including Vehicle Clamping and Signage Regulations 2017 (S.I. No. 421 of 2017), made 29 September 2017, were considered in the preparation of this revision.


Number 13 of 2015


VEHICLE CLAMPING ACT 2015

REVISED

Updated to 1 October 2017


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, commencement and collective citation

2. Interpretation

3. Laying of regulations and orders

4. Matters relating to regulations made by NTA

5. Specification of statutory clamping places - order of Minister

6. Expenses

PART 2

Regulation of Clamping Activities in Clamping Places

7. Function of NTA to regulate clamping, etc.

8. Ministerial policy directions

9. Clamping activities to be in accordance with Act

10. Clamping regulations

11. Signage

12. Codes of practice

13. Clamping notice

14. Prohibition on clamping and relocating certain vehicles

15. Maximum clamp release and relocation charges - non-statutory clamping places

16. Consultation by statutory bodies, etc., when fixing clamp release or relocation charges

17. Removal of clamp or release of vehicle

PART 3

Complaints and Appeals

18. Complaints procedure

19. Right of appeal

20. Appeal procedures - parking controller

21. Clamping appeals officers

22. Hearing of appeals - clamping appeals officer

PART 4

Enforcement and Proceedings

23. Powers of authorised persons

24. Search warrant

25. Prohibition on obstruction of authorised person

26. Compliance

27. Service of directions and notices

28. Proceedings

29. Payment of costs on conviction

30. Offence - body corporate

31. Fixed payment notices

PART 5

Clamping on Public Roads

32. Amendment of section 101B of Act of 1961 - immobilisation of unlawfully parked vehicles

33. Exemptions from certain provisions of Road Traffic Acts 1961 to 2014 for clamping operations

PART 6

CIÉ Property, Fishery Harbour Centres and Harbours

34. CIÉ property

35. Fishery harbour centres

36. Harbours

37. Light railways


Acts Referred to

Companies Acts

Dublin Transport Authority (Dissolution) Act 1987 (No. 34)

Fire Services Act 1981 (No. 30)

Fishery Harbour Centres Act 1968 (No. 18)

Fishery Harbour Centres Acts 1968 to 2006

Harbours (Amendment) Act 2000 (No. 21)

Harbours Act 1996 (No. 11)

Harbours Acts 1996 to 2009

Local Authorities (Traffic Wardens) Act 1975 (No. 14)

Local Government Act 2001 (No. 37)

Maritime Safety Act 2005 (No. 11)

Railway Safety Act 2005 (No. 31)

Road Traffic Act 1961 (No. 24)

Road Traffic Act 1994 (No. 7)

Road Traffic Act 2010 (No. 25)

Road Traffic Acts 1961 to 2014

State Airports Act 2004 (No. 32)

Transport (Railway Infrastructure) Act 2001 (No. 55)

Transport Act 1950 (No. 12)


Number 13 of 2015


VEHICLE CLAMPING ACT 2015

REVISED

Updated to 1 October 2017


An Act to provide for the regulation of the immobilisation of vehicles and related activities in certain places and in this regard to confer functions on the National Transport Authority and to amend the Transport Act 1950, section 101B of the Road Traffic Act 1961, the Fishery Harbour Centres Act 1968, the Harbours Act 1996and the Transport (Railway Infrastructure) Act 2001 and to provide for related matters.

[6 th May, 2015]

Be it enacted by the Oireachtas as follows:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Road Traffic Acts 1961 to 2010 restricted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 87(1), S.I. No. 543 of 2011, as substituted (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 23, S.I. No. 147 of 2014.

Exemptions for emergency vehicles.

87[(1) Requirements under the Road Traffic Acts 1961 to 2010 relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49, 50, 51A, 52 and 53 of the Principal Act, sections 12, 13 and 15 of the Act of 1994 and sections 4, 5, 11, 12 and 14 of this Act, do not apply to—

(a) the driving or use by a member of the Garda Síochána, an ambulance service (provided by a pre-hospital emergency care service provider recognised by the Pre-Hospital Emergency Care Council established by the Pre-Hospital Emergency Care Council (Establishment) Order 2000 ( S.I. No. 109 of 2000)) or a fire brigade of a fire authority (within the meaning of the Fire Services Act 1981) of a vehicle in the performance of the duties of that member, or

(b) a person driving or using a vehicle under the direction of a member of the Garda Síochána,

where such use does not endanger the safety of road users. ]

C2

Application of collectively cited Road Traffic Acts 1961 to 2010 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42.— ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

...

...

Road Traffic Acts 1961 to 2010

...

C3

References to term “Commissioner” in collectively cited Road Traffic Acts 1961 to 2010 construed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 83(1), S.I. No. 255 of 2011.

Functions of Commissioner of Garda Síochána.

83.— (1) Any reference to the Commissioner in the Road Traffic Acts 1961 to 2010 or the Roads Acts 1993 to 2007 is to be read as a reference to the Commissioner or another member of the Garda Síochána not below the rank of Chief Superintendent authorised by the Commissioner to act or carry out a function or requirement on his or her behalf.

...

C4

References to term “provisional licence” in collectively cited Road Traffic Acts 1961 to 2006 construed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(3), S.I. No. 718 of 2007.

Learner permit.

11.— ...

(3) A reference to a provisional licence in the Road Traffic Acts 1961 to 2006 or an instrument made thereunder is to be read as a reference to a learner permit.

...

C5

Application of collectively cited Road Traffic Acts 1961 to 2006 extended (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 2, S.I. No. 384 of 2006.

Regulations to give effect to acts of European Communities.

2.— The power to make regulations under the Road Traffic Acts 1961 to 2006 includes the power to make provision in such regulations to give effect to—

( a) a provision of the treaties of the European Communities, or

( b) an act adopted by an institution of those Communities.

C6

Functions in relation to collectively cited Road Traffic Acts 1961 to 2002 transferred and references construed (18.06.2002) by National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 298 of 2002), in effect as per art. 1(2), subject to transitional provisions in arts. 5-9. Note: title of Department and Minister, as altered (19.06.2002) by Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 305 of 2002), further altered to Department of and Minister for Transport, Tourism and Sport (2.04.2011) by Transport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 141 of 2011), arts. 2-4, in effect as per art. 1(2).

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of Public Enterprise.

(2) References to the Department of the Environment and Local Government contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Public Enterprise.

4. (1) The functions vested in the Minister for the Environment and Local Government—

(a) by or under—

(i) the Road Traffic Acts 1961 to 2002,

...

are transferred to the Minister for Public Enterprise.

(2) References to the Minister for the Environment and Local Government contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Public Enterprise.

C7

References to “class of mechanically propelled vehicles” in collectively cited Road Traffic Acts 1961 to 1984 construed (7.11.1989) by European Communities (Licensing of Drivers) Regulations 1989 (S.I. No. 287 of 1989), reg. 2.

2. A reference in the Road Traffic Acts, 1961 to 1984, to a class of mechanically propelled vehicles shall be construed as a reference to a class or category of such vehicles and cognate words and expressions shall be construed accordingly.

Editorial Notes:

E1

Prospective affecting provision: provision for order of costs of prosecution upon conviction of offence under collectively cited Road Traffic Acts 1961 to 2010 prescribed by Road Traffic Act 2010 (25/2010), s. 82, not commenced as of date of revision.

E2

Prospective affecting provision: prescribed offences under collectively cited Road Traffic Acts 1961 to 2010 subjected to payment deposit notice procedure by Road Traffic Act 2010 (25/2010), s. 50, not commenced as of date of revision.

E3

Multiple convictions for certain offences under collectively cited Road Traffic Acts 1961 to 2014 excluded from vetting disclosure by National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012), ss. 14(4A) and 14A, as inserted (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), ss. 20(b) and 21, S.I. No. 215 of 2016.

E4

Records of Medical Bureau of Road Safety performing certain functions under collectively cited Road Traffic Acts 1961 to 2014 exempted from application of Freedom of Information Act 2014 (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 6 and sch. 1 part 1 para. (u), commenced as per s. 1(2).

E5

Procedure in relation to testing for and prosecution of intoxication offences under collectively cited Road Traffic Acts 1961 to 2010 prescribed (28.10.2011) by Road Traffic Act 2010 (25/2010), part 2, S.I. No. 543 of 2011, as last amended (30.03.2017 and 13.04.2017) by Road Traffic Act 2016 (21/2016), part 3, S.I. No. 129 of 2017.

E6

Provision for production and inspection of driving licence of person suspected of offence under collectively cited Road Traffic Acts 1961 to 2010 prescribed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 61, S.I. No. 543 of 2011, as amended (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 9(l), S.I. No. 542 of 2011.

E7

Provision for review of existing plans under collectively cited Road Traffic Acts 1961 to 2010 prescribed (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 46 and sch. 2, in effect as per reg. 1(3).

E8

Discretion to attach certain conditions to licences, consents, permissions, permits, derogations or other authorisations, granted under collectively cited Road Traffic Acts 1961 to 2010, prescribed (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 63(2) and sch. 2, in effect as per reg. 1(3).

E9

Road Safety Authority designated as authority responsible for certain vehicle testing arrangements required under the collectively cited Road Traffic Acts 1961 to 2006 (13.09.2006) by Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006), art. 3(b)(i).

E10

Provision for proof of authorisation to carry out mandatory alcohol testing in proceedings under collectively cited Road Traffic Acts 1961 to 2006 prescribed (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 4(9), S.I. No. 384 of 2006; repealed by Road Traffic Act 2010 (25/2010), s. 33(f), not commenced as of date of revision.

E11

Responsibility for ongoing review of collectively cited Road Traffic Acts 1961 to 2004 by Health and Safety Authority prescribed (1.09.2005) by Safety, Health and Welfare At Work Act 2005 (10/2005), ss. 2(1) and 57(1) and sch. 1, S.I. No. 328 of 2005.

E12

Provision for inspection of driving license of person charged with offences under collectively cited Road Traffic Acts 1961 to 2010 prescribed by Road Traffic Act 2002 (12/2002), s. 22(1), as substituted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 21, S.I. No. 26 of 2005; and as last substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 33, S.I. No. 129 of 2017.

E13

Duty to give certain information to member of Garda Síochána, where offences under collectively cited Road Traffic Acts 1961 to 1995 suspected, prescribed (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 59(1), commenced on enactment.

E14

Procedure in relation to evidence in certain proceedings under collectively cited Road Traffic Acts 1961 to 1994 prescribed (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 21, S.I. No. 350 of 1994, as amended (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(f), commenced on enactment; repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

E15

Power to delegate functions under collectively cited Road Traffic Acts 1961 to 1987 prescribed (1.01.1994) by Roads Act 1993 (14/1993), s. 17(4), S.I. No. 406 of 1993.

E16

Power to make recommendations to Commissioner in relation to performance of functions under collectively cited Road Traffic Acts 1961 to 1987 prescribed (1.01.1994) by Roads Act 1993 (14/1993), s. 23(1), S.I. No. 406 of 1993.

E17

Discretion to transfer certain functions under collectively cited Road Traffic Acts 1961 to 2002 to local authorities prescribed (12.07.1975) by Local Authorities (Traffic Wardens) Act 1975 (14/1975), ss. 2 and 3(1), commenced on enactment, as substituted (3.04.2006) by Road Traffic Act 2002 (12/2002), s. 12, S.I. No. 134 of 2006, and (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 15(2), S.I. No. 384 of 2006.

E18

Previous affecting provision: certain records held by Medical Bureau of Road Safety under collectively cited Road Traffic Acts 1961 to 2010 exempted from application of Freedom of Information Act 1997 by Freedom of Information Act 1997 (13/1997), s. 46(1)(bb) as inserted (9.08.2010) by Road Traffic Act 2010 (25/2010), s. 26(5), S.I. No. 394 of 2010; repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4, commenced as per s. 1(2).

E19

Previous affecting provision: application of collectively cited Road Traffic Acts 1961 to 2004 restricted (20.01.2005) by Road Traffic Act 2004 (44/2004), s. 27, S.I. No. 8 of 2005; repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 87(2), S.I. No. 543 of 2011.

E20

Previous affecting provision: references to term “commissioner” in collectively cited Road Traffic Acts 1961 to 2004 construed (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 28, S.I. No. 26 of 2005; repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 83(2), S.I. No. 255 of 2011.

E21

Previous affecting provision: obligation to provide breath specimen, where offences suspected under collectively cited Road Traffic Acts 1961 to 2003, prescribed by Road Traffic Act 1994 (7/1994), s. 12(1)(c), as substituted (1.12.2003) by Road Traffic Act 2003 (37/2003), s. 2, S.I. No. 647 of 2003; repealed (29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

E22

Previous affecting provision: provision for proof of certain matters in proceedings under collectively cited Road Traffic Acts 1961 to 1978 prescribed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 23(1), S.I. No. 192 of 1978; repealed (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 4(1), S.I. No. 350 of 1994.