A NEW BILL aimed at restricting the ability of parking control firms to clamp vehicles on private property is to be published by Fine Gael.
The Bill is to provide for a new licensing system to regulate the clamping industry and protect motorists from unscrupulous clampers.
It proposes the National Transport Authority will grant licences and set out operating standards for clamping companies.
The move follows calls for regulation of the industry here, from the clampers’ representative body, the Irish Parking Association.
It also follows the announcement on Monday of legislation to ban private clamping altogether, in England and Wales. Clamping on private property is already banned in Scotland.
The Fine Gael Bill which is expected to be published in coming weeks aims at preventing motorists from being targeted “unfairly”.
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 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.
Party 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 he 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.”
This week a spokeswoman for Minister for Transport Noel Dempsey referred questions to a Dáil reply he made last month. In that reply he 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”.
The Irish Parking association welcomed the Fine Gael proposals. Director David Cullen said regulation would be “easy”, particularly if the British method of imposing fines instead, was followed.
