James Lawless (Kildare North, Fianna Fail)
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468. To ask the Minister for Transport, Tourism and Sport the status of the regulations being introduced under the Vehicle Clamping Act 2015; the degree to which these regulations differ from existing custom and practice; if the regulations cover the need to clear and prominent signage; if the appeals process has been improved; if the maximum clamp release fee has been reduced; if a copy of the regulations can be provided; and if he will make a statement on the matter. [43491/17]

Shane Ross (Dublin Rathdown, Independent)
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The Vehicle Clamping Act 2015 (Commencement) Order 2017 (SI Number 211/2017) provided for the 1st June 2017 and the 1st October 2017 to be the operative dates for the purposes of the Act.

On the 1st June 2017 a certain number of sections of the Act were commenced to allow the NTA commence a public consultation process in relation to draft Regulations relating to clamping, signage and clamp release charges.

The Order stated that all other sections of the Act would be operative from the 1st October 2017.

On October 1st the National Transport Authority (NTA) assumed its responsibilities as the regulator of vehicle clamping activities in both statutory and non-statutory (privately-owned) clamping places throughout the State.

The principal provisions of the Act include the:

- regulation of clamping and related activities;

- establishment of a two-tier appeals process to hear appeals against clamping or relocation;

- provision of appropriate signage in places where clamping is operated;

- setting of maximum clamp release and vehicle relocation charges;

- establishment of a code of practice; and

- provision of necessary enforcement and investigate powers to investigate and prosecute any alleged breaches of regulations made.

As required under the Act the NTA has prescribed €125 as the maximum clamp release fee permitted for non-statutory clamping places.

Under the Act the appeals and complaints procedures came into force on 1st October 2017. From that date the NTA processes all second-stage clamping appeals arising from clamping activities anywhere in the State including such appeals against on-street clamping in Dublin City which were previously administered by Dublin City Council.

The NTA will also prepare a draft code of practice providing practical guidance regarding compliance with the Act and the regulations and establishing standards in relation to the general behaviour, performance of duties and conduct of parking controllers and clamping operators with regard to clamping activities.

The full Vehicle Clamping Act 2015 along with the Vehicle Clamping and Signage Regulations can be viewed on the National Transport Authority website at the following link www.nationaltransport.ie/vehicle-clamping.