Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 547: To ask the Minister for Transport the legal position in respect of preventing a motorist from removing their car from private property until after the payment of money to the clamping company in view of the clamping of wheels on motor vehicles stationary in a public place; and if he will make a statement on the matter. [30764/09]

Noel Dempsey (Meath West, Fianna Fail)
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I can only comment on the provisions of the Road Traffic Acts, which relate to vehicles illegally parked on public roads or in local authority car parks. Section 101(b) of the Road Traffic Act 1961, as amended, allows an authorised person to fix an immobilisation device (clamp) to a vehicle while it remains in the place where he finds it or to move it from that place to another place and fix an immobilisation device to it there, if the vehicle is parked in contravention of any prohibition or restriction under Sections 35, 36 and 36A of the Road Traffic Act 1994. Section 101(b) also sets out the conditions for removal of an immobilization device, generally following payment of the prescribed charge.

The Road Traffic (Traffic and Parking) Regulations, 1997 to 2006 set 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 apply in respect of vehicles illegally parked on public roads or in local authority car parks.