Vehicle Clamping Act 2015
Number 13 of 2015
VEHICLE CLAMPING ACT 2015
REVISED
Updated to 9 January 2023
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 the Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (27/2017), enacted 21 December 2022, and all statutory instruments up to and including the Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, 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 9 January 2023
CONTENTS
Preliminary and General
Section
1. Short title, commencement and collective citation
3. Laying of regulations and orders
4. Matters relating to regulations made by NTA
5. Specification of statutory clamping places - order of Minister
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
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
Complaints and Appeals
20. Appeal procedures - parking controller
22. Hearing of appeals - clamping appeals officer
Enforcement and Proceedings
23. Powers of authorised persons
25. Prohibition on obstruction of authorised person
27. Service of directions and notices
29. Payment of costs on conviction
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
CIÉ Property, Fishery Harbour Centres and Harbours
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 9 January 2023
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.