Vehicle Clamping Act 2015
Amendment of section 101B of Act of 1961 - immobilisation of unlawfully parked vehicles
“ 101B. (1) In this section—
‘clamping officer’ means—
(a) a member of the Garda Síochána,
(b) a traffic warden (within the meaning of the Local Authorities (Traffic Wardens) Act 1975), or
(c) a person or a class of persons authorised by a local authority under subsection (2) ;
‘immobilisation device’ means any 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;
‘prescribed charge’ means the amount of the charge prescribed under subsection (7) (a) and includes, where a vehicle is moved to another place for the purpose of fixing an immobilisation device to it, the costs involved in the removal of the vehicle;
‘vehicle’ means a mechanically propelled vehicle, a trailer or semi-trailer or a combination of two or more of them.
(2) A local authority may authorise a person or a class of persons for the purposes of this section to fix immobilisation devices to vehicles within its functional area.
(3) Where a clamping officer finds on a public road a vehicle that is parked in contravention of any regulation made under section 35 or bye-law made under section 36 or 36A of the Road Traffic Act 1994, he or she or a person acting under his or her direction may—
(a) fix an immobilisation device to the vehicle while it remains in the place where he or she finds it, or
(b) move it from the place where he or she finds it (whether or not he or she has fixed an immobilisation device to it) to another place and fix an immobilisation device to it in that other place.
(4) When fixing an immobilisation device to a vehicle, a clamping officer shall also affix to the vehicle a notice in the prescribed form—
(a) indicating the reason for the device being fixed to the vehicle,
(i) that the device has been fixed to the vehicle, and
(ii) the time and date when—
(I) the contravention referred to in subsection (3) in relation to the vehicle was detected, and
(II) the device was fixed to the vehicle,
(c) warning that an attempt should not be made to drive the vehicle or otherwise put it in motion until the device is removed,
(d) specifying the steps to be taken to secure such removal, and
(e) giving details of the appeals process under Part 3 of the Vehicle Clamping Act 2015.
(5) Subject to subsection (8), an immobilisation device that has been fixed to a vehicle under this section may be removed only by a clamping officer or a person acting under his or her direction.
(6) Where an immobilisation device is fixed to a vehicle in accordance with this section a fixed charge notice under section 103 of this Act or section 35 of the Road Traffic Act 2010 need not be served on a person, or affixed to the vehicle concerned, in respect of the contravention unless it is contemplated that proceedings for an offence in relation to the contravention might be brought.
(7) The Minister may, after consultation with the Minister for Justice and Equality and the National Transport Authority, prescribe—
(a) the amount of the charge to be paid for the removal of an immobilisation device under subsection (8) and different charges may be prescribed in different circumstances,
(b) the form of a notice under subsection (4),
(c) the manner in which and the person to whom such charge shall be paid.
(8) (a) An immobilisation device fixed to a vehicle under this section shall be removed only—
(i) if the person seeking its removal shows to the satisfaction of any clamping officer that he or she is the owner of the vehicle or is authorised by its owner to seek such removal and pays the prescribed charge,
(ii) for the purpose of the removal of the vehicle under section 97, or
(iii) for the purpose of moving the vehicle under subsection (3).
(b) Where the owner of a vehicle that is parked and to which an immobilisation device has been fixed under this section shows to the satisfaction of any clamping officer that the vehicle was so parked while being used by a person other than the owner and that such use was not authorised by the owner, the clamping officer shall waive the prescribed charge and he or she or a person acting under his or her direction shall remove the immobilisation device from the vehicle.
(c) An immobilisation device fixed to a vehicle under this section shall be removed from the vehicle—
(i) where regulations under section 10 of the Vehicle Clamping Act 2015 prescribe the period of time within which an immobilisation device shall be removed from a vehicle, after payment of the prescribed charge or its waiver, within that period after such payment or waiver, or
(ii) where no such period is prescribed, not later than 2 hours after payment of the prescribed charge or its waiver.
(d) Where an immobilisation device is removed from a vehicle otherwise than in accordance with paragraph (c), the clamping operator concerned (within the meaning of section 2 of the Vehicle Clamping Act 2015) shall ensure that the prescribed charge (if paid) and any additional charges are refunded without delay to the person who paid the charge or charges.
(9) A notice affixed to a vehicle under this section shall not be removed or interfered with by a person other than the owner of the vehicle or a person authorised by such owner to use the vehicle and a person who contravenes this subsection commits an offence.
(10) A person who is not a clamping officer or a person acting under the direction of a clamping officer who fixes an immobilisation device to a vehicle on a public road commits an offence.
(11) A person who—
(a) obstructs or impedes a clamping officer, or a person acting under his or her direction, in the performance of his or her functions under this section, or
(b) without being authorised to do so under this section, removes or attempts to remove from a vehicle an immobilisation device fixed to it under this section,
commits an offence.”.