Written answers

Tuesday, 27 September 2016

Department of Transport, Tourism and Sport

Vehicle Clamping

Photo of Paul MurphyPaul Murphy (Dublin South West, Anti-Austerity Alliance)
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881. To ask the Minister for Transport, Tourism and Sport his plans for the enactment of all the sections of the Vehicle Clamping Act 2015; the envisaged timeline for the setting of clamping regulations by the NTA; his views on whether management companies clamping residents for arrears of management fees should be prohibited; and if he will make a statement on the matter. [26653/16]

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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​As the Deputy knows, the Vehicle Clamping Act was enacted in May 2015.

The Act conferred the responsibilities of regulating vehicle clamping upon the National Transport Authority (NTA). This conferral of additional responsibilities resulted in a requirement for allocation of additional resources to the NTA in order to allow it carry out its new functions in this area. Sanction for these additional resources was secured for the NTA's budget for 2016.

In addition the NTA also required a period to make and prepare the necessary regulations provided for under the Act as well as ensure appropriate training and administrative supports are in place to allow for commencement of regulatory activities.

This very necessary preparatory work is almost complete and my Department is now finalising arrangements with the NTA in relation to an appropriate commencement date.

Issues relating to clamping allegedly being used by management companies in multi-unit developments to secure payment of management fees are not appropriate to the Vehicle Clamping Act 2015. It is beyond the scope of this Act to legislate for practices within the property management sector.

I understand that there are already two pieces of legislation governing that sector: the Property Services (Regulation) Act 2011 which established the Property Services Regulatory Authority to control and regulate property service providers, and the Multi-Unit Developments Act 2011 which seeks to facilitate the fair and effective management of bodies responsible for the management of the common areas within both existing and new multi-units apartment developments.  These Acts were sponsored by the Department of Justice and Equality.

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