Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 58: To ask the Minister for Transport the circumstances under which wheel clamping is legal; the circumstances in which wheel clamping carried out by persons on public highways by the Garda Síochána or persons with statutory authority is legal; if private companies are employed on a contract basis in respect of wheel clamping; the contractual nature of the relationship between private companies and State companies on this issue; and if he will make a statement on the matter. [14994/09]

Noel Ahern (Dublin North West, Fianna Fail)
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An authorised person under Section 101b of the Road Traffic Act 1961, as amended, can fix an immobilisation device (clamp) to a vehicle parked in contravention of any prohibition or restriction imposed under Sections 35, 36 and 36A of the Road Traffic Act 1994.

The Road Traffic (Traffic and Parking) Regulations, 1997 to 2006 sets out parking controls for the purposes of section 35. Parking offences for the purposes of sections 36 and 36A are set out in any by-laws made by a local authority under those provisions.

Powers to clamp vehicles are also available to the Gardaí and local authorities under Section 97 of the Road Traffic Act 1961. The employment of private companies as authorised persons to carry out statutory functions is a matter for each local authority as is the detail of the contracts.