Clamping release fee at railway stations

Underground · 11-02-2016, 15:40

Hi all. Could someone please explain to me why the release fee at train station is €120 while the 2015 Clamping Act limits the release fee to €100 on private land. Have the NTA specifically set it to €120 for train stations? Is it possible to find a list of prescribed charges online?

TIA

Thomas J Stamp · 11-02-2016, 17:15

assuming the provisions of the act are in force it seems to me that Section 15 which sets the maximum rate rate (so long as the NTA has not set a rate for that area) doesn't apply to statutory clamping places, of which CIE property is one.

Section 34 allows the CIE board to fix its own charge but doesn't set a limit on it.

as for charges in general, it seems under the act that the NTA must publish them on its website (Section 15 (4)) and Section 11 states that a sign indicating the release charge applicable to the parking area must be provided at that parking area. Any sign indicating a release charge higher than the NTA set charge = an offence on behalf of the "parking controllor"

So, in a nutshell, they can.

Underground · 11-02-2016, 17:57

It would appear you are correct. Statutory places are defined in the interpretation as

(a) a public road where clamping activities are carried out in accordance with section 101B,

(b) an airport where clamping activities are carried out under bye-laws made under section 15 (3)(o) of the State Airports Act 2004 ,

(c) land belonging to or occupied by Coras Iompair Éireann where clamping activities are carried out under bye-laws made under section 22 (1)(ee) (ii) (inserted by section 34 (c)) of the Transport Act 1950 ,

(d) a fishery harbour centre where clamping activities are carried out under bye-laws made under section 4 (2)(aa) (inserted by section 35 (a)) of the Fishery Harbour Centres Act 1968 ,

(e) a harbour where clamping activities are carried out under bye-laws made under section 42 (1A)(b) (inserted by section 36 (c)) of the Harbours Act 1996 ,

(f) a place where clamping activities are carried out under section 66A (inserted by section 134 of the Act of 2005) of the Transport (Railway Infrastructure) Act 2001 , and

(g) such other places as may be specified by the Minister under section 5 where clamping activities are carried out under an enactment;

Colm Moore · 14-02-2016, 19:47

The act hasn't been commenced (put into force) yet.

It would actually suit a lot of people as it would bring certainty to both sides.

11-02-2016, 15:40	#1
Underground New to the board Join Date: Feb 2010 Posts: 23	Clamping release fee at railway stations Hi all. Could someone please explain to me why the release fee at train station is €120 while the 2015 Clamping Act limits the release fee to €100 on private land. Have the NTA specifically set it to €120 for train stations? Is it possible to find a list of prescribed charges online? TIA

11-02-2016, 17:15	#2
Thomas J Stamp Chairman/Publicity Join Date: Dec 2005 Location: The Home of Hurling Posts: 2,708	assuming the provisions of the act are in force it seems to me that Section 15 which sets the maximum rate rate (so long as the NTA has not set a rate for that area) doesn't apply to statutory clamping places, of which CIE property is one. Section 34 allows the CIE board to fix its own charge but doesn't set a limit on it. as for charges in general, it seems under the act that the NTA must publish them on its website (Section 15 (4)) and Section 11 states that a sign indicating the release charge applicable to the parking area must be provided at that parking area. Any sign indicating a release charge higher than the NTA set charge = an offence on behalf of the "parking controllor" So, in a nutshell, they can. __________________ We are the passengers

14-02-2016, 19:47	#4
Colm Moore Local Liaison Officer Join Date: Dec 2006 Posts: 5,442	The act hasn't been commenced (put into force) yet. It would actually suit a lot of people as it would bring certainty to both sides. __________________

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11-02-2016, 17:57	#3
Underground New to the board Join Date: Feb 2010 Posts: 23	It would appear you are correct. Statutory places are defined in the interpretation as (a) a public road where clamping activities are carried out in accordance with section 101B, (b) an airport where clamping activities are carried out under bye-laws made under section 15 (3)(o) of the State Airports Act 2004 , (c) land belonging to or occupied by Coras Iompair Éireann where clamping activities are carried out under bye-laws made under section 22 (1)(ee) (ii) (inserted by section 34 (c)) of the Transport Act 1950 , (d) a fishery harbour centre where clamping activities are carried out under bye-laws made under section 4 (2)(aa) (inserted by section 35 (a)) of the Fishery Harbour Centres Act 1968 , (e) a harbour where clamping activities are carried out under bye-laws made under section 42 (1A)(b) (inserted by section 36 (c)) of the Harbours Act 1996 , (f) a place where clamping activities are carried out under section 66A (inserted by section 134 of the Act of 2005) of the Transport (Railway Infrastructure) Act 2001 , and (g) such other places as may be specified by the Minister under section 5 where clamping activities are carried out under an enactment;