PROPOSALS TO regulate car clampers published by Fine Gael yesterday are aimed at stamping out “rogue” operators.
Party transport spokesman Simon Coveney said some clampers were “preying” on motorists, even using stopwatches as they waited to clamp vehicles.
Under the terms of the Vehicle Immobilisation Regulation Bill, clampers would have to apply to the National Transport Agency for a licence. The Private Members’ Bill provides for fines and jail terms of up to five years for unlicensed clampers.
The licensing system would be similar to that in place for taxi drivers, and clamping firms and their employees would have to be vetted by Garda authorities to certify fitness to hold such a licence.
Clampers would also have to abide by a code of conduct, while the Bill also provides for a statutory independent appeals process for motorists, as well as a time limit within which clamps must be removed.
In addition to it being an offence for someone without a licence to clamp a vehicle, it would also be an offence to be a landowner or occupier who hires such an unlicensed firm.
The Bill states “a person guilty of an offence” shall on summary conviction be liable to imprisonment for a term not exceeding six months or a fine, or both. On conviction on indictment, offenders may be liable to imprisonment for a term not exceeding five years, or a fine, or both.
The Bill stops short of a move by the British government last week to outlaw the practice of clamping on private property. While it responds to consumer concerns about the aggressive nature of some firms that clamp on private property, it is silent on the industry’s concerns about attacks on clamping officers, some of whom feel the need to wear knife-proof clothing.
Speaking at the launch of the Bill, Mr Coveney said: “For the first time, the industry will be regulated with legally enforceable standards for motorists. It will also protect legitimate clamping operations, while stamping out rogue companies.”
Mr Coveney said under current legislation anyone could set up as a clamper, and while there was a need to keep streets free-flowing, he believed private clampers were preying on motorists, particularly on private land in apartment blocks and shopping centres. He believed there should be limits on the levels of fines imposed by clamping companies, and his own view was the maximum should be €80. However, he said the Bill left this aspect to be determined by the National Transport Authority.
Criticising the current lack of regulation, he said many motorists had been preyed upon by unscrupulous operators. “At the same time, legitimate clamping operators have taken to wearing stab vests to protect themselves. This chaos cannot continue.”
The Irish Parking Association, which includes the main parking control firms, welcomed the Bill. The group has previously called for regulation of the industry.
However, the Department of Transport said it would not change its mind on the issue. A spokeswoman reiterated previous assertions by Minister Noel Dempsey that he had “no plans to regulate in this area”.
Mr Coveney’s Bill is expected to come before the Dáil in October or November.
