Clamping a disabled drivers vehicle?

System

I read it as para 2a doesn't apply due to schedule 2 para 3(3) on anything not classed as a road as per RTA.
Meaning BB cars can not be clamped on such things as private access roads that the public have access to but does apply to car parks as these do not meet the definition in the RTA

(“road”
(a) in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes ,
and
(b)in relation to Scotland, means any road within the meaning of the Roads (Scotland) Act 1984 and any other way to which the public has access, and includes bridges over which a road passes,)

Aretnap

Not sure how you read that. I think you may be conflating the 2001 act with the 2007 regulations somewhat.

The Private Security Industry Act 2001 sets out various regulations related to security activities, including a requirement that those carrying them out be licensed. According to Section 3 of the PSIA, anyone who carries out a security activity in various circumstances (which approximate to "for hire or reward") commits an offence unless they hold an SIA licence and are acting within the terms of that licence.

Schedule 2 to the act defines what a security activity actually is.

(1)Subject to sub-paragraph (2), the activities which are referred to in this Act as the activities of a security operative are those to which any one or more of the following paragraphs of this Part of this Schedule applies.

One of the following paragraphs is Paragraph 3, which has this to say

(1)This paragraph applies (subject to the following provisions of this paragraph) to the immobilisation of a motor vehicle by the attachment to the vehicle, or to a part of it, of an immobilising device

So attaching an immobilisation device to a vehicle (clamping to you and me) is a security activity.

However, paragraph 3 continues

(3)This paragraph does not apply to any activities carried out in relation to a vehicle while it is on a road within the meaning of the Road Traffic Act 1988 (c. 52).

So clamping on a road is an exception and does not require an SIA licence. However, clamping a vehicle anywhere else is a security activity, and clampers must be licensed and act in accordance with that licence if they intend to charge a release fee.

Now Private Security Industry Act 2001 (Licences) Regulations 2007, among other things, impose some additional conditions on vehicle immobilisation licences, including

6.—(1) The granting of a licence to a person to engage in front line licensable conduct which involves the carrying out of any activities specified in regulation 4(4)(b) or (c) (immobilisation, restriction and removal of vehicles) shall be subject to the conditions specified in paragraph (2).
(2) The conditions specified for the purposes of this paragraph are—
(a)the licensee shall not immobilise, remove or restrict a vehicle in accordance with paragraph 3 or 3A of Schedule 2 to the 2001 Act if the vehicle is an invalid carriage or if a valid disability badge is displayed on the vehicle or if the vehicle is an emergency vehicle which is in use

So a clamper who immobilises a vehicle displaying a valid blue badge (or an invalid carriage, or an emergency vehicle) is acting outwith the terms of his SIA licence. Ergo, anyone who immobilises a car displaying a blue badge in a private car park is committing an offence if they intend to charge a release fee.

Of course, the fact that it's an offence doesn't mean they wouldn't do it.

kevanf1

"Of course, the fact that it's an offence doesn't mean they wouldn't do it."

I could well see some of the scumbags doing it. But, if I were then to remove the clamp by whatever means, how have I done it without the clamp being on my car in the first case which is an offence The clamping firm may be able to attempt recovery of the costs of the clamp or repairs to it. I would then counter claim for my distress etc caused by the clamp being put on illegally in the first place.

I thought this was going to be an easy question to ask and answer

Sirdan

!!!!!! wrote: »

Yes but schedule 2 clarifies that the ban on clamping only applies to public roads (effectively)


The Private Security Industry Act 2001 (Licences) Regulations 2007
and

Private Security Industry Act 2001


Para 3(3) cancels out the ban on immobilising if on private ground or anything that doesn't fall under the definition of road in the RTA

0 out of 10 , back to law school for you !! Para 3(3) specifically exempts clamping on a PUBLIC road from the provisions, basically because that is not regulated by the SIA ...Councils / Police are not SIA licensed !
So in summary private clampers on private land commit an offence if they clamp vehicles displaying blue badges.

System

Sirdan wrote: »

0 out of 10 , back to law school for you !! Para 3(3) specifically exempts clamping on a PUBLIC road from the provisions, basically because that is not regulated by the SIA ...Councils / Police are not SIA licensed !
So in summary private clampers on private land commit an offence if they clamp vehicles displaying blue badges.

I'll join you then because it is not only PUBLIC roads it is any road that the public have access to - not the same thing.

Sirdan

!!!!!! wrote: »

I'll join you then because it is not only PUBLIC roads it is any road that the public have access to - not the same thing.

In common language a road that the public have access to is a public road and you know that is what was meant ....no point in gping all semantic because you managed to get the complete wrong end of the stick in relation to 3(3)...:p

System

Going all semantic? I didn't define what a road is, the RTA did that I was just correcting your misconception of what one was in this context.

Sirdan

!!!!!! wrote: »

Going all semantic? I didn't define what a road is, the RTA did that I was just correcting your misconception of what one was in this context.

o do !!!! off you !!!!

System

Excellent use of the English language - NOT

Sirdan

!!!!!! wrote: »

Excellent use of the English language - NOT

Communication is the key, I believe you understood the message despite the semantics of "proper" grammar and / or usage.

Merry Christmas and goodnight !