New Wheel Clamping Laws come into forces

As of 1 October 2012, the Protection of Freedoms Act 2012 will come into force.  S54 of this act deals with the much discussed issue of illegal wheel clamping.  The Section looks to ban such activity.

54 Offence of immobilising etc. vehicles
(1) A person commits an offence who, without lawful authorityŚ
(a) immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
(b) moves, or restricts the movement of, such a vehicle by any means,
intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.
(2) The express or implied consent (whether or not legally binding) of a person otherwise entitled to remove the vehicle to the immobilisation, movement or restriction concerned is not lawful authority for the purposes of subsection (1).
(3) But, where the restriction of the movement of the vehicle is by means of a fixed barrier and the barrier was present (whether or not lowered into place or otherwise restricting movement) when the vehicle was parked, any express or implied consent (whether or not legally binding) of the driver of the vehicle to the restriction is, for the purposes of subsection (1) lawful authority for the restriction.

Punishment for breach of this act will come in the form of a fine, the amount of which is yet to be disclosed.

Published: 15 Oct 2012

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