Editing Wheel clamp (section)

==Legal issues==

[[File:Wheel clamps Texas.jpg|thumb|Several vehicles wheel-clamped at [[University of North Texas]], [[Denton, Texas]]]]

===United Kingdom===

In [[Scotland]], local authorities are permitted by statute to clamp, tow, or otherwise remove vehicles. Outside that statutory authority, clamping on private land was found to be unlawful in the case ''Black v Carmichael'' (1992) SCCR 709, which held that immobilising a vehicle constitutes [[extortion]] and theft. Writing in dismissal of parking contractor Alan Black's appeal to the [[High Court of Justiciary]], [[David Hope, Baron Hope of Craighead|the Lord Justice General (Lord Hope)]] cited case law which said "every man has a right to dispute the demand of his creditor in a court of justice" and himself wrote "it is illegal for vehicles to be held to ransom in the manner described in these charges".<ref>{{cite web| url= http://oxcheps.new.ox.ac.uk/new/casebook/cases/Cases%20Chapter%2023/Carmichael%20v%20Black%20(AC).doc |title=Carmichael v. Black, High Court of Justiciary HCJ Appeal, The Lord Justice-General(Hope), Lords Allanbridge and Cowie |publisher=Scottish Court Service |access-date=11 July 2014}}</ref>

In [[England and Wales]], The [[Protection of Freedoms Act 2012]] criminalised certain wheel-clamping activity on private land without lawful authority from 1 October 2012. This prohibits clamping in many common locations such as supermarket car parks, but clamping is not entirely banned. For example, a [[railway]] operator may clamp a vehicle under the provisions of Railway [[Byelaw]] 14(4).<ref>{{cite web |url= http://assets.dft.gov.uk/publications/railway-byelaws/railway-byelaws.pdf |title= Railway Byelaws |publisher= Department for Transport, GOV.UK |access-date= 11 July 2014 |archive-url= https://web.archive.org/web/20140816202559/http://assets.dft.gov.uk/publications/railway-byelaws/railway-byelaws.pdf |archive-date= 16 August 2014 |url-status= dead}}</ref> The act of clamping is still lawful by the [[police]], [[DVLA]], [[local authority]], etc. but not by a private person or company acting on behalf of their own interests on either public or private property. For example, a person cannot lawfully be clamped on property such as a hospital site, private driveway, car park not operated by a local or government authority, etc. The only exception to this is if the clamping company are acting on behalf of a government agency e.g. contracted on behalf of the [[DVLA]].<ref>{{Cite web|url=https://www.citizensadvice.org.uk/consumer/transport/driving-and-parking/wheel-clamping/when-your-car-can-be-clamped-or-towed-away/|title=Appealing a parking ticket}}</ref> To allow landowners to deal with unauthorised vehicles the same statute allows land owners to hold the registered keeper of a vehicle liable for any charges relating to breach of contract under certain circumstances. Landowners who seek to enforce 'Parking Charge Notices'<ref>{{Cite web|url=https://www.nathanielcars.co.uk/news/what-are-parking-charge-notices-2019-new-law-on-private-park/|title=Nathaniel Cars :: What Are Parking Charge Notices & 2019 New Law on Private Parking Fees|website=www.nathanielcars.co.uk|date=26 March 2019 }}</ref> (contractual payment terms) establish the contract through the use of onsite signage<ref>{{Cite web|url=https://www.parkingenforcement.online/|title=Parking Enforcement Signs &#124; Parking Problems &#124; Parking Solution &#124; No Parking &#124; Fine &#124; PCN|website=www.parkingenforcement.online}}</ref> detailing the 'conditions'.

===Ireland===
[[File:Clamped car, Ireland.jpg|thumb|Clamped car ([[Volkswagen Polo Mk4]]) in Ireland, with note on driver's side window warning the owner not to attempt to drive away.]]
In the Republic of Ireland, clamping in public places is legal under a 1988 amendment to the Road Traffic Act 1961.<ref name="citizensinformation">{{cite web|url=http://www.citizensinformation.ie/en/travel_and_recreation/traffic_and_parking/parking_fines_and_vehicle_clamping.html|title=Parking fines and vehicle clamping|date=20 April 2016|work=Citizens Information|publisher=Citizens Information Board|access-date=6 April 2017|location=Ireland}}</ref><ref name="act1961s101b">{{cite book |chapter-url=http://www.lawreform.ie/_fileupload/Restatement/First%20Programme%20of%20Restatement/EN_ACT_1961_0024.PDF#page=234 |title=Road Traffic Act 1961|date= 2013 |work=Revised statutes |publisher=Law Reform Commission |pages=206–208 |chapter=§101B: Immobilisation, removal etc. of unlawfully parked vehicles|access-date=6 April 2017|location=Ireland}}</ref> Clamping in private car parks is widespread but not regulated by statute, and the legality of the practice is unclear.<ref name="citizensinformation"/><ref name="TRJ2012013100005"/> The breaches for which an "immobilisation device" may be fitted under the 1961 act are those specified in sections 35, 36, and 36A of the Road Traffic Act 1994 as amended (respectively "Regulations for general control of traffic and pedestrians", "Parking of vehicles in parking places on public roads", and "Bye-laws for restriction on parking – specified events"<ref name="act1994part6">{{cite book |chapter-url=http://www.lawreform.ie/_fileupload/RevisedActs/WithAnnotations/EN_ACT_1994_0007.PDF#page=36 |title=Road Traffic Act 1994 |date= 2016 |work=Revised statutes|publisher=Law Reform Commission|pages=28–51 |chapter=Part VI; Regulation of Traffic|access-date=6 April 2017|location=Ireland}}</ref>).<ref name="act1961s101b"/> Regulations under the 1994 act are made by [[statutory instrument]] by the minister responsible for transport (currently the [[Minister for Transport, Tourism and Sport]]).<ref name="act1994part6"/> [[Local government in the Republic of Ireland|Local authorities]] have delegated the clamping activity to private companies.<ref name="citizensinformation"/> This contrasts with traffic wardens, who are employees of the authority.

Existing statutory provisions are due to be replaced by the Vehicle Clamping Act 2015, passed as part of the [[Government of the 31st Dáil|Fine Gael–Labour coalition]]'s 2011 programme for government.<ref name="citizensinformation"/><ref name="vca2015">{{cite web|url=http://www.irishstatutebook.ie/eli/2015/act/13/enacted/en/html|title=Vehicle Clamping Act 2015|access-date=6 April 2017}}; {{cite web|url=https://www.oireachtas.ie/viewdoc.asp?fn=/documents/bills28/bills/2014/5114/document1.htm|title=Vehicle Clamping Bill 2014 [Seanad]|work=Bills|publisher=Oireachtas|access-date=6 April 2017}}</ref><ref name="kildarestreet20150122">{{cite web|url=https://www.kildarestreet.com/debates/?id=2015-01-22a.351|title=Vehicle Clamping Bill 2014 [Seanad]: Second Stage|date=22 January 2015|work=Dáil debates|publisher=KildareStreet.com|access-date=6 April 2017}}</ref> The 2015 act regulates private as well as public clamping.<ref name="vca2015"/><ref name="citizensinformation"/><ref name="kildarestreet20150122"/><ref name="TRJ2012013100005">{{cite web|url=http://oireachtasdebates.oireachtas.ie/debates%20authoring/DebatesWebPack.nsf/committeetakes/TRJ2012013100005 |title=Regulation of Vehicle Clamping Industry: Discussion |author=Joint Committee on the Environment, Transport, Culture and the Gaeltacht|date=31 January 2012|work=Debates|publisher=Oireachtas|access-date=6 April 2017}}</ref> It also seeks to improve and standardise the level of fines and the appeals process, which have been the focus of public dissatisfaction.<ref name="kildarestreet20150122"/>