Vehicle Clamping Act 2015

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.

Annotations:

Editorial Notes:

E25

Power pursuant to section exercised (1.10.2017) by Vehicle Clamping and Signage Regulations 2017 (S.I. No. 421 of 2017), in effect as per reg. 2.