Billy Timmins (Wicklow, Fine Gael)
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Question 118: To ask the Minister for Transport the position regarding clamping companies; the way the clamping fee is decided; if all companies have the same fees; the conditions required in the setting up of a clamping company; if they are regulated or operate without conditions; and if he will make a statement on the matter. [37030/10]

Billy Timmins (Wicklow, Fine Gael)
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Question 119: To ask the Minister for Transport the position regarding the clamping of cars in areas where notices are not displayed informing persons that clamping is in operation; the steps he will take to ensure that proper regulations are applied to clamping companies to ensure that persons who have had to pay to have their cars released in such areas are awarded a refund; and if he will make a statement on the matter. [37031/10]

Noel Dempsey (Meath West, Fianna Fail)
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I propose to take Question Nos. 118 and 119 together.

The legislative basis for the application of immobilisation devices to vehicles that are illegally parked on public roads is set out in Section 101b of the Road Traffic Act 1961, as amended. Under this legislation, an authorised person 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.

Powers to clamp vehicles are also available to the Gardaí and local authorities under Section 97 of the Road Traffic Act 1961.

The Road Traffic (Immobilisation of Vehicles) Regulations, 1998 (S.I. No. 247 of 1998) prescribe, 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 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 byelaws made by a local authority under those provisions. These regulations and byelaws only have application in respect of vehicles illegally parked on public roads or in local authority car parks.

The regulations include a provision which identifies those classes of persons who may be authorised to apply and remove immobilisation devices, and determine that such persons shall consist of members of the Gardaí, traffic wardens and any person appointed in writing for such purposes by a local authority.

These regulations only have application in respect of vehicles illegally parked on public roads or in local authority car parks and only by the abovementioned persons. The practice of clamping or the removal of vehicles on private property does not come within the scope of Road Traffic legislation. The issue of requirements for setting up any company is a matter of company law and is not a matter for my Department.