Perth council drafts law to ban wheel clamping in WA first

Bayswater Council will consider a wheel clamping ban proposed by an elector. Picture: Getty Images
Bayswater Council will consider a wheel clamping ban proposed by an elector. Picture: Getty Images

THE City of Stirling has become WA’s first local government to draft a law to ban wheel clamping.

The council on November 19 approved releasing its draft immobilisation and detention of vehicles local law for public comment.

Council officers initially proposed banning clamping only in free parking areas but this was changed by the council to include parking on private property.

Mayor Mark Irwin, who pushed for the ban as part of his recent re-election bid, welcomed the decision.

“The current penalty imposed for vehicles detained is disproportionate to the crime,” he said.

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“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 NSW have had a wheel clamping ban in place for some time and we would like to see this introduced within the City of Stirling.”

The law would apply across Stirling except in paid carparks controlled by access gates and instances such as a mechanic requiring payment for repairs before the vehicle can be collected or where a government officer has power to detain a vehicle.

Offenders could expect a $500 fine or up to $5000 if the matter was heard in court.

A report by council staff said it was unclear if the City had the power to make the law, with no other councils having attempted it before.

The proposal will be open for feedback until January 31 then return to the council.

If it is supported, it will be put to the State Parliament’s Committee on Delegated Legislation to decide if it is valid.

Drivers have long complained about wheel clamping in the carpark of businesses on Scarborough Beach Road in Scarborough since 2017, as first reported by the Stirling Times in 2017 and a petition was submitted to the City in September.

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