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Compulsory licensing scheme unveiled to curb rogue wheel clampers
A tough new compulsory licensing scheme designed to rid England, Wales and Northern Ireland of rogue wheel clampers, has been set out today in the Crime and Security Bill.
Proposals within the Bill will make it mandatory for all wheel
clamping businesses to be licensed under the terms of a strict
code of conduct. The code will include a cap on fines, time limits
on towing cars unreasonably quickly after being clamped and set
out clear instructions for putting up signs warning drivers that
clamping takes place.
Ministers are also looking to
introduce an independent appeals process for motorists who feel
unfairly penalised by firms and their employees.
Any
company which breaches the terms of their licence could lose their
right to practise and face up to five years in prison or a
substantial fine.
Home Office Minister Alan Campbell,
said:
"The Crime and Security Bill reflects
the Government's commitment to prevent abuses by
unscrupulous firms and their employees.
"There
is no room within the wheel clamping industry for those who
indulge in unacceptable behaviour including unclear signage and
excessive fees.
"A compulsory licensing scheme
for operators will leave clamping firms in no doubt as to their
responsibility to the public and anyone breaching the strict code
of practice risks losing their licence.
"Firms
will have to ensure signage is clear, fines are proportionate and
towing practices are regulated. We are also working to introduce
an independent appeals process for motorists who feel they have
been unfairly treated."
Sadiq Khan, Transport
Minister, said:
"These tough new proposals are part of a series of measures the Government is putting in place to tackle the scourge of rogue parking firms who harass and intimidate motorists.
"We have already taken action to restrict access for
parking firms wanting driver information and by bringing in these
new requirements for clamping firms we are sending a clear message
to unscrupulous firms that they need to clean up their act if they
want to stay in business."
The new legislation
has been drawn up following discussions with motoring groups,
industry representatives and a 12-week public consultation during
the summer.
Currently, any individual undertaking wheel
clamping must hold a frontline licence from the Security Industry
Authority (SIA), with supervisors or directors holding a
non-frontline licence.
The new Compulsory Licensing
Scheme will extend responsibility from individuals to businesses.
It will be administered and controlled by the Security Industry
Authority.
NOTES TO EDITORS
1.The Security Industry Authority
regulates the private security industry in Great Britain under the
Private Security Industry Act 2001, reporting to the Home
Secretary. The 2001 Act requires the compulsory licensing of
individuals undertaking designated activities.
2.This includes the licensing of any individual in England and
Wales involved in immobilising vehicles on private land with a
view to charging a release fee. It also requires the licensing of
anyone involved in blocking in or towing away vehicles for the
same purpose, and of those who collect the fee.
3.Businesses are not required to be licensed under the 2001
Act at present. Businesses may, however, seek accreditation under
the SIA's voluntary Approved Contractor Scheme.
4.The new Crime and Security Bill sets out details for a
compulsory licensing scheme.
5.The industry wide code of
practice, which wheel clamping firms will have to adhere to in
order to hold a licence, will include standards for:
*
signage, including size and visibility;
* maximum penalties charged and payment methods;
* minimum time between immobilisation and removal;
* providing evidence that a parking infringement has taken place;
* security and location of pound where vehicles are impounded; and
* an independent complaints and appeals policy.
6.Any enquiries should be directed to Home Office Press Office on
0207 035 3535.
228/09
Contacts:
Home Office Press Office
Phone: 020 7035 3535
NDS.HO@coi.gsi.gov.uk
