Clamping sector backs FG plan

The Irish parking control industry has welcomed proposals to regulate the clamping industry.

The Irish parking control industry has welcomed proposals to regulate the clamping industry.

The proposals, to be published by the Fine Gael party within days, are to form part of a new Bill to extend the measures of the Road traffic Act to provide regulation of the industry.

Current provisions for regulating clamping contained in the Road Traffic Acts relate only to vehicles that are illegally parked on public roads or in public car parks. But the new Bill would set up a licensing system aimed at preventing motorists from being targeted "unfairly".

Its provisions would make it illegal for an unlicensed individual or firm to clamp a vehicle, and it proposes the National Transport Authority would grant the licences and set out operating standards for clamping companies.

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The move follows calls for regulation of the industry here, from the Irish Parking Association, which has welcomed the Fine Gael plan. Director David Cullen said regulation would be "easy", particularly if the British method of imposing fines instead, was followed.

The Fine Gael move also follows the announcement yesterday of legislation to ban private clamping in England and Wales. Clamping on private property is already banned in Scotland.

Fine Gael said a "major loophole" exists in the current law which allowed "almost anyone" to set up a clamping company without any form of regulation, and target motorists who park on private property .

Transport spokesman Simon Coveney said car clamping should only ever be used as a last resort. "But as the law currently stands, almost anyone can set up as a private clamping company, including those of ill repute."

But Mr Coveney said the new Bill would extend the legislation to deal with clamping on private property.

He also said it was "disturbing" that some clampers now wear knife-proof vests to protect themselves from assault. He said it demonstrated serious flaws with the current situation, "both for consumers who are targeted, and for the companies themselves".

"Under Fine Gael's plans, anyone who clamps vehicles without a licence will be committing an offence. This will also apply to anyone who employs an unlicensed third party clamping company.

"This is a commonsense set of laws drafted by Fine Gael. It's in everyone's interest that the clamping industry be properly regulated. I will be seeking full support from the Government parties for our proposals by presenting Fine Gael's Bill as a Private Members' Motion when the Dáil returns."

Minister for Transport Noel Dempsey has consistently refused to introduce legislation for the sector.

This week a spokeswoman for the Minister referred questions to a Dáil reply he made last month. In that reply the Minister said: "the practice of clamping or the removal of vehicles on private property does not come within the scope of Road Traffic legislation, and I have no plans to regulate in this area".

Tim O'Brien

Tim O'Brien

Tim O'Brien is an Irish Times journalist