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Dublin: 7 °C Monday 18 November, 2019
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Are clampers allowed park illegally?

Yes. They can.

EVERY NOW AND then, a picture of a parking enforcement officer parked illegally will do the rounds on the internet.

Sometimes, there’s even a picture of one of them clamped to add to the irony.

Recently, a TheJournal.ie reader got these pictures on Dublin’s quays.

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He claims that when he challenged the Dublin City Council employee on their illegal parking, he was informed that clampers can park where they please in the course of their duties.

But, can they?

The answer is yes.

In the Dublin City parking bye-laws there is a provision made for certain vehicles to park without paying, but mention is only made of “paid parking bays”.

These include “a vehicle being used in connection with the removal of an obstruction to traffic, the removal of a vehicle pursuant to section 97 of the 1961 Road Traffic Act as amended, the immobilisation and release of
vehicles”.

Also included are construction vehicles, maintenance workers for phone, gas, water and oil workers, ambulances, gardaí, fire crews and those with a disability.

However, no mention is made about yellow lines.

In the Road Traffic Act amendments made in 1998, there is an exemption made for clampers. It also says they can ignore one-way systems and no entry signs.

It reads:

(3) Save where otherwise expressly provided in these Regulations, a prohibition on the entry of a vehicle to a road or main area or the prohibition on the stopping or parking of a vehicle imposed by these Regulations shall not apply to(a) a vehicle being used in connection with the removal of an obstruction to traffic;

(c) a vehicle being used by a local authority or its agents in connection with the provision of a traffic sign;

(d) a vehicle being used in connection with the removal of a vehicle pursuant to the provisions of regulations made under section 97 of the Principal Act, as amended by section 3 of the Act of 1968, or regulations made under section 41 of the Act of 1994;

(e) a vehicle being used for the purpose of facilitating the immobilisation of a vehicle or the removal of an immobilisation device from a vehicle pursuant to section 101B of the Principal Act, as inserted by section 9 of the Dublin Transport. Authority (Dissolution) Act, 1987 (No. 34 of 1987);

(f) a vehicle being used by a traffic warden in the performance of the duties of that warden

Read: Clampers get clamped in Dublin

Read: 11 people who aren’t very big fans of clampers

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