Minister for Transport Leo Varadkar has announced a maximum €100 clamping release fee on private property but said the figure could be higher at locations such as schools, hospitals and train stations.
He described the €100 fine as a “default” figure and said the National Transport Authority (NTA) would have “flexibility” when it came to particular locations.
A €50 vehicle relocation charge is also contained in the proposed Vehicle Clamping Bill 2014, under which an independent clamping appeals officer will oversee a two-tier appeals process and signage will be improved.
“It’s not that we don’t think that there’s a place for clamping...but at the moment it’s a free-for-all. What we’re going to do here is end the free-for-all and bring in a series of protections for motorists so they’re protected from rogue clampers,” Mr Varadkar said.
Mr Varadkar said he was aware of people having been charged €200 to €300 to have clamps removed from their cars. He said he hoped the planned law would be enacted next year.
Clamping on a public road is usually done under contract to local authorities with a maximum declamping fee of €80, which is enshrined in separate legislation and will not change. Mr Varadkar said the Bill will regulate clamping on private property for the first time.
Under the new two-tier appeals system, a motorist whose car has been clamped or relocated may make a first-stage appeal to the landowner, local authority or other body responsible for enforcing parking in the area.
In cases where the motorist is not satisfied with the outcome of the appeal, they can lodge a second-stage appeal to an independent clamping appeals officer designated by the NTA.
Mr Varadkar said prominent signs indicating that clamping was in operation would have to be erected so that motorists could understand the rules clearly. The signs should also indicate the clamp release and vehicle relocation charges.
He said signs had sometimes been removed, were not clear or were very far away.
Penalties will be imposed on what Mr Varadkar described as “rogue and unscrupulous” clampers, who could potentially be charged up to €5,000. Three sets of fines will range from €2,500 to €5,000, depending on what law is broken.
Menwhle, a patients’ group has called for an outright ban on clamping in hospitals.
The Irish Patients Association says no clamping should take place in environments such as hospitals and the technology exists to spot abusers who park in hospitals when not a bona fide visitor.
In situations where patients are penalised by extra charges or clamping as a result of the hospital’s internal organisation – for example, when appointments are delayed – they should be reimbursed, according to the group’s submission on the Clamping Bill.
Hospitals should waive charges where families are visiting long-term patients or those in near end of life, the association says. “Car parking should be seen as a service to patients and visitors and should not attract a charge.”
The submission calls for a detailed report to show the revenues generated from car-parking charges and fines in hospitals, where many facilities are privately run.
It also suggest a rolling of integrated public transport systems to facilitate satellite parking as low rates.
