Vehicle Clamping Act 2015

15.

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

15. (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 specify different maximum charges for—

(a) different non-statutory clamping places,

(b) non-statutory clamping places in different areas, and

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

(4) Where the NTA proposes to specify a maximum charge under this section the NTA shall—

(a) publish a notice on its website, as well as in one national newspaper published and circulating within the State—

(i) indicating the proposed maximum charge, and

(ii) stating that representations in relation to the proposal may be made in writing to the NTA before a specified date (which shall be not less than 21 days from the date of publication on the website of the notice),

and

(b) consider any representations made under paragraph (a)(ii).

(5) The validity of any regulation made under this section shall not be affected by non- compliance with subsection (4).

(6) A person who imposes, or attempts to impose, a clamp release charge or a relocation charge that is greater than the maximum charge standing prescribed under subsection (1) or specified in subsection (2), commits an offence and is liable on summary conviction to a class B fine.

(7) Where a sign is provided in a clamping place displaying a clamp release charge or relocation charge which is greater than the maximum charge standing prescribed under subsection (1) or specified in subsection (2), the parking controller for that place commits an offence and is liable on summary conviction to a class B fine.

Annotations:

Editorial Notes:

E26

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.