Moves to regulate clamping

Transport Minister Paschal Donohoe this week introduced a Bill on clamping to the second stage in the Dáil. If passed, the Bill will see clamping being regulated for the first time on both public and private lands.
The Bill provides that the regulation of clamping, wherever it is operated, will come under the remit of the National Transport Authority (NTA) who will set maximum clamp release charges; will ensure the provision of appropriate advisory signage in areas where clamping is in operation; and the establishment of a two-tier clamping appeals process for motorists. The NTA may also establish a code of practice to provide practical guidance for car park owners and clamping operators in the execution of their duties.
Minister Donohoe said: “For the most part, complaints received by my Department over the years do not object to clamping per se but rather to unfair or unreasonable treatment, whether perceived or real, by clamping operators. Clamping has become more widespread in recent years, particularly in urban areas, and many people feel they are being unfairly treated either by excessive charges or a lack of proper signage indicating that clamping is in operation. Not having a right to appeal when they see unfairness in the system is also a cause of frustration. These issues most notably arise in privately run car parks where no regulation of clamping currently exists.
“No-one enjoys being clamped but it can be an effective tool in ensuring that finite parking resources are not abused. In the case of clamping on private lands such as shopping centre car-parks and apartment complexes, for example, it allows land owners to deal effectively with nuisance parking that is discommoding and disadvantaging their customers and residents. Ensuring that a system place, however, that acts as a genuine deterrent is key to ensuring that the rights of both citizens and property owners are protected,” added Minister Donohoe.
“There is a clear need to establish broad rules governing clamping activities and the manner in which these rules should be complied with. In doing so we can ensure that disreputable practices become a thing of the past and consistency, transparency and fairness are part of clamping operations into the future.”
This Bill was initiated in Seanad Éireannn last October and has passed all stages there. The Joint Committee on Transport was invited to participate in the pre-Heads of Bill stage and to contribute to the initial drafting of the required legislation leading to the production of robust and informed Bill.