MUCH-NEEDED REGULATION OF CLAMPING SECTOR SHOWS PROGRESS - KENNY

Posted on January 26, 2015 4:51 PM   |   Permanent Link   

Dublin Bay North Labour TD and member of the Oireachtas Justice Committee Sean Kenny said in the Dáil last week that the Vehicle Clamping Bill fulfills a commitment made in the Programme for Government.

"This Bill addresses the commitment in the Programme for Government to legislate to regulate clamping. The impetus for this commitment stems principally from public concerns in regard to the activity of some clamping operators, and the extent to which clamping may be carried out in a less than fair manner, with no obvious consistent or transparent recourse to appeal against perceived abuses. The areas of greatest public concern relate to the level and variation in clamp release charges currently applied, the lack of a clearly identifiable and accessible clamping appeals process, and the oftentimes absence of appropriate information signage for motorists."

"There are also issues with the issue of clamping practises on private land, and this really needs to be looked at and legislated for, and so I think it is only right that the Oireachtas considers these matters, which it has, and to legislate accordingly. In December 2011, Oireachtas Committee on Transport, of which I am a member, met to discuss the issue of clamping, and looked at a number of options that proposed to address public concerns in relation to clamping. These options included: banning clamping; whether or not proposed legislation should be confined to clamping activities on private property only, or to both private and public property; or allowing clamping operators to self-regulate. The Committee discussed the regulation of clamping activities and how this might be done. The issue of whether or not the related activity of towing should be regulated was also considered."

"The end result of this discussion was that the National Transport Authority (NTA) should be designated as regulator of clamping activities and that there should be a maximum permissible clamp release charges on private lands. As well as that, it was agreed that there should be a two-tier appeals process and an obligation to provide clear and prominent signage in areas where clamping is operated, as well as the establishment of codes of practice to provide practical guidance regarding compliance with regulatory requirements. It was further decided that there should be regulations concerning how clamping operators identify themselves and finally, there should be appropriate penalties for breaching provisions of the Bill or regulations made under it."