What we as a public have come to know as “Wheel Clamping” is actually described under the SIA’s remit as “Vehicle Immobilisation”, although the training literature uses both terms – there is no point arguing over the details anyway, because it amounts to the same thing. Whether your wheel has been clamped or your vehicle immobilised, the upshot is that you will not be able to drive anywhere. The act of clamping a car has become synonymous in the public imagination with shooting Santa Claus – something that is just unsupportable. This is unfair, however, because there are a number of situations in which clamping a car is a perfectly justifiable action.
Under the law as governed by the SIA, a vehicle can be clamped if it is parked illegally or is being used illegally – should a car, for example, be on the road when untaxed, it can legitimately be immobilised. If a car is parked in a private parking space for which the driver does not have the necessary rights, then it can also be clamped. This is a perfectly reasonable approach to the nuisance of inconsiderate parking, where a driver is taking up a parking space which by right belongs to someone else. This can lead to security issues, and as a recourse under the law, clamping discourages such an act.
The SIA is responsible for accrediting individuals with the rights to clamp a motor vehicle. These are awarded at the end of a 35-hour classroom course which takes two parts. Part One is entitled “The Role and Responsibilities of the Vehicle Immobiliser”, and Part Two deals with “Communication Skills and Conflict Management”. Part One lasts 21 hours and contains the following modules:
Introduction to Wheel Clamping and Removals – why cars are clamped, and why they may in the case of continued transgression be towed from the spot
Introduction to the History of the Service – the law as it pertains to vehicle immobilisation
Signs, Lines and Enforcement Vehicles – the markers which exist to explain restrictions on parking spaces and the recourse in law to transgression
Vehicle Registration Marks – how to define whether a car is entitled to be parked in a restricted space
Health and Safety – a legally-required module in all training courses
When to Clamp and When to Remove Vehicles – defining when a motorist has transgressed on a restricted space in such a way as to merit being immobilised, and how long a car may be left in this position before it is towed. Vehicle Tow-away – when a vehicle may be towed, and how to carry this procedure out legally
Completing Paperwork – incorrectly completed or incorrectly filed paperwork can lead to a situation where the law must find in the motorist’s favour
Practical Case Studies – examples of when cars have been clamped and towed away, discussion of why this has happened and a study of how the paperwork is filed.
Use of Photography – where a car has been parked illegally in spite of ample sign posting and road markings, photographic evidence can be taken to demonstrate why it has been clamped.
The Payment Process – in order to free a clamped vehicle, the driver must pay a fine; this module covers payment methods, amounts and the procedure for removing the clamp.
Procedures for Start and End of Shift – what is required of a vehicle Immobiliser before they commence work (this may legally invalidate a clamping if done incorrectly), and after they clock off.
Radio Operations – where it may be necessary to call for back-up or clarification of an issue, the procedure behind doing this needs to be fully understood.
Discretionary Parking – the rules governing what cars may be exempt from parking restrictions, or subject to their own specific rules.
Standards of Behaviour for Vehicle Immobilisers and Customer Care – naturally nobody is happy to be clamped. The conduct of the clamper must be carefully calibrated so as not to exacerbate what can be a fraught situation
Equal Opportunities – knowledge of legislation pertaining to equal opportunities and different forms of discrimination
The second part of the course lasts for fourteen hours and deals with the often argumentative situations that arise from vehicle clamping. The four modules in this part are: Avoiding Conflict and Reducing Risk; Defusing Conflict; Resolving Conflict and Post-incident Considerations and Learning from Conflict. These modules are designed to prevent situations becoming inflamed, so as to avoid potentially violent reactions from an understandably displeased motorist, to encourage the motorist to understand why action was taken and to bring the matter to a speedy resolution. It is important to ensure that the person tasked with immobilising vehicles does not take an antagonistic approach to the person whose vehicle has been clamped, as this removes an element of moral legitimacy from the action of clamping.