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Immobilisation and Detention of Vehicles Local Law 2019

Consultation has concluded

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.

The law will 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 $5,000 if the matter is heard in court.

A full copy of the law is available for in useful documents below.

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

To have your say on the draft local law please complete a feedback form below:

FAQs

What is the draft local law called?

Immobilisation and Detention of Vehicles Local Law 2019.

What does the draft local law regulate?

The local law would regulate the use of wheel clamps and the detention of vehicles.

What is the detention of vehicles?

The detention of vehicles is when a person detains or holds a vehicle in a manner that prevents a lawful driver of the vehicle from driving the vehicle away, including on private property.  

How does the draft local law regulate the detention of vehicles?

The detention of vehicles would be mostly banned throughout the City of Stirling however it would be allowed in some circumstances. 

The following are examples of where detention would be allowed include:

  • Parking facilities 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 
  • 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.

What are the penalties for breach of the draft local law?

A fine of $500 if an infringement is issued or a fine of up to $5,000 if the matter is heard in court.

What are my options if I have been using wheel clamping to stop people parking on my property without my permission?

There would be other options available for you to regulate parking on your property.

The City has private parking agreements where the City can regulate parking on your behalf. Other private operators may also be able to assist you to manage parking. These options are available to you now if you wish to move away from the use of wheel clamping before the local law comes into force.

When will the law come into force?

The law is being advertised for public comment. Once comments have been received, the City will consider the comments and make a report to Council. If Council adopts the local law, the City will then publish it in the Government Gazette. The local law is then reviewed by the Delegated Legislation Committee. This process is likely to take approximately 6 months to complete.

Where can I find a copy of the draft local law?

You can download a copy of this document in useful documents below.

Where can I make a submission on the draft local law?

You can make a submission here.

Useful documents

Document nameDownloadable files
City of Stirling Draft Immobilisation and Detention of Vehicles Local Law(PDF)