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Unread 11-02-2016, 15:40   #1
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Default 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?

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Unread 11-02-2016, 17:15   #2
Thomas J Stamp
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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.
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Unread 11-02-2016, 17:57   #3
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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;
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Unread 14-02-2016, 19:47   #4
Colm Moore
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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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