Vehicle Clamping Act 2015

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Harbours

36. The Harbours Act 1996 is amended—

(a) in section 2(1), by inserting the following:

“ ‘immobilisation device’ means a device or appliance designed or adapted for fixing to a vehicle, for the purpose of preventing it from being driven or otherwise put in motion;”,

(b) in section 6, by substituting for subsection (2) (inserted by section 58 of the Maritime Safety Act 2005 ) the following:

“(2) A person who commits an offence under this Act (other than section 42, 46, 50, 52, 53, 60 or 70) is liable on summary conviction to a class A fine.”,

(c) in section 42 (as amended by section 8 of the Harbours (Amendment) Act 2000 )—

(i) by inserting after subsection (1) the following:

“(1A) A company may make bye-laws for matters relating to the use and parking of vehicles at its harbour, including—

(a) the regulation of traffic generally, including parking restrictions, direction of traffic and the maximum speed of traffic at its harbour, and

(b) the making of provision for—

(i) the fixing of an immobilisation device to a vehicle which has been parked contrary to such bye-laws or parked without payment of the charge imposed for its parking in any place at the harbour,

(ii) the removal of such an immobilisation device,

(iii) the removal, detention, storage and release of a vehicle so parked, and

(iv) the disposal of a vehicle detained.”,

and

(ii) by inserting after subsection (2) the following:

“(2A) A person guilty of an offence under subsection (2) in respect of a contravention of a provision of a bye-law—

(a) made under subsection (1) is liable on summary conviction to a class A fine, or

(b) made under subsection (1A) is liable on summary conviction to a class C fine.”,

and

(d) by inserting after section 42 the following:

“Parking charges, etc.

42A. A company may fix charges in respect of the parking of vehicles at its harbour and for the removal of an immobilisation device fixed to a vehicle or a vehicle removed, detained, stored, released or disposed of under bye-laws under section 42(1A).”.