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City of Stirling says no to wheel clamping

20 November 2019

The City of Stirling has become the first local government in Western Australia to draft a local law to ban wheel clamping.

Stirling Council last night unanimously agreed to give local public notice and invite submissions for the Immobilisation and Detention of Vehicles Local Law 2019.The local law would ban the use of wheel clamps and regulate the detention of vehicles throughout the City of Stirling, including on private property.

Mayor Mark Irwin welcomed Council’s decision saying it was time for wheel clamping to go.

“The current penalty imposed for vehicles detained is disproportionate to the crime. Private businesses have the right to protect parking on their private property but we as a Council feel that wheel clamping is not the right method.

“Other states such as Victoria and New South Wales have had a wheel clamping ban in place for some time and we would like to see this introduced within the City of Stirling,” Mayor Irwin said.

Mayor Irwin said the law would apply across the City except in limited circumstances where parking facilities are controlled by access gates and a driver must pay a fee to leave the facility; where a government officer has the power to detain a vehicle; or where there is an agreement allowing for the vehicle to be detained, for example where a car mechanic requires payment for repairs before the vehicle can be collected.

Those that break the law can expect a fine of $500 if an infringement is issued or a fine of up to $5000 if the matter is heard in court.

Mayor Irwin said he was looking forward to feedback from the community on the proposed local law which, after final endorsement by Council, would then be put to the State Parliament’s Committee on Delegated Legislation.

The draft local law is open for public comment until 31 January 2020.

For more information and to have your say visit: www.yoursay.stirling.wa.gov.au/wheelclampinglaw.

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