New Zealand Law Society - Wheel Clamping Bill has third reading

Wheel Clamping Bill has third reading

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The Land Transport (Wheel Clamping) Amendment Bill has had its third reading on 19 November 2019.

The bill was introduced on 4 April 2019 by Minister for Commerce and Consumer Affairs Kris Faafoi.

Clause 4 of the bill inserts new part 7A into the Land Transport Act 1998 to regulate the maximum fees charged by wheel clamp operators. Section 98D(2) of part 7A makes it an offence for a person to charge more than the prescribed maximum fee (98D (2) (a)) or fail to remove a wheel clamp (98D (2) (c)).

The operator must be reasonably available to respond to a request by the person in charge of the motor vehicle to the removal of the immobilising device (98D(3))

The offences would be enforceable by the Police. A person committing an offence under subsection 2(a) or (c) is liable on conviction to a fine not exceeding $3000 for an individual or $15,000 in the case of a body corporate (98D(4)).

The Act comes into force on the 42nd day after the date on which it receives the Royal assent.

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