The Fines Collection Regulations 2004

Duties of an authorised person and other members of the contractor’s staff

19.—(1) An authorised person must not carry out, or direct and supervise, the clamping of—

(a) a vehicle not registered in P’s name under the Vehicle Excise and Registration Act 1994(1);

(b) a vehicle on which a current disabled person’s badge is displayed or in relation to which there are reasonable grounds for believing that it is used for the carriage of a disabled person;

(c) a vehicle used for police, fire or ambulance purposes;

(d) a vehicle being used by a doctor on call away from his usual place of work on which is displayed a British Medical Association badge or other health emergency badge showing the doctor’s address.

(2) If a vehicle to be clamped is so positioned that, while the vehicle is clamped in that position, there would be at any time a contravention of any prohibition or restriction imposed by or under any enactment, the authorised person must, before the vehicle is clamped, have it repositioned to the nearest place where there would be no such contravention while it is clamped there.

(3) If a repositioned vehicle is not visible from the place in which it was originally positioned, the authorised person must ensure that a notice is placed at or near the original position of the vehicle indicating that the vehicle has been clamped as required by the clamping order, where the vehicle may be found and giving a telephone number available during all reasonable hours for enquiries by P or a person acting on his behalf.

(4) No extra charge may be required in respect of the repositioning of the vehicle.

(5) On clamping a vehicle the authorised person must affix in a prominent position on the vehicle, and where access to the site where the vehicle is clamped is not possible during certain hours, at the entrance to the site, a clamping notice specifying—

(a) that the vehicle has been clamped and that it is an offence under paragraph 49 of Schedule 5 to remove or attempt to remove the clamp or the notice;

(b) details of the clamping order;

(c) how to secure the release of the vehicle;

(d) the fine and charges payable for the release of the vehicle;

(e) a telephone number and address for enquiries;

(f) the name and address of the clamping contractor;

(g) the name, official address and telephone number of the fines officer and the court;

(h) the opening hours of the contractor and the court;

(i) how to complain under regulation 25; and

(j) the clamping sign of the approved clamping organisation of which the contractor is a member.

(6) The authorised person carrying out, or directing and supervising the carrying out, of the clamping of a vehicle must take or cause to be taken a photograph of it, in the case of a repositioned vehicle, in the original position as well as the position in which it is clamped.

(7) The authorised person and any other member of the contractor’s staff engaged on the clamping, release from clamping, removal, storage or release from storage, of a vehicle must, on demand by P or a person acting on his behalf, permit him to inspect the identification card required by regulation 20(9).

(8) In the event of a complaint by P or a person acting on his behalf in connection with the clamping, removal or storage of a vehicle the authorised person must give him a leaflet about the complaints procedure under regulation 25.

(1)

1994 c. 22.