Paul Kehoe (Wexford, Fine Gael)
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Question 317: To ask the Minister for Transport the person who has the authority to clamp a vehicle; if there are regulations in regard to the charges they can impose; the legislation by which the matter is covered; and if he will make a statement on the matter. [22282/09]

Noel Dempsey (Meath 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 employment of private companies as authorised persons to carry out statutory functions is a matter for each local authority. The Road Traffic (Immobilisation of Vehicles) Regulations, 1998 (SI No. 247 of 1998) prescribes, inter alia, the amount that can be charged for the removal of an immobilisation device.

The Road Traffic (Traffic and Parking) Regulations, 1997 to 2006 sets out parking controls for the purposes of section 35. Parking controls for the purposes of sections 36 and 36A are set out in any bye-laws made by a local authority under those provisions. These regulations and bye-laws only have application in respect of vehicles illegally parked on public roads or in local authority car parks. Powers to clamp vehicles are also available to the Gardaí and local authorities under Section 97 of the Road Traffic Act 1961. The practice of clamping or the removal of vehicles on private property does not come within the scope of Road Traffic legislation.

Michael McGrath (Cork South Central, Fianna Fail)
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Question 318: To ask the Minister for Transport the legislative position in relation to the regulation of noise emanating from modified car exhausts. [22768/09]

Noel Dempsey (Meath West, Fianna Fail)
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Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (SI No. 477 of 2006) the Road Safety Authority (RSA) has responsibility for matters relating to vehicle standards. It is a requirement for the registration and entry into service of new motor vehicles in the European Union that they have type-approval in accordance with Directive 70/157/EEC, as amended, which sets down the permissible sound levels and exhaust systems for motor vehicles. Vehicles in-service standards are specified in the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 which require vehicles to be fitted with a silencer or other device to reduce to a reasonable level the noise caused by the escape of exhaust gases from the engine. Article 85 of these regulations prohibits the use in a public place of a vehicle which causes excessive noise.