Dirty yellow wheel clamp
The City of Vancouver is seeking feedback on their proposed Wheel Clamper Regulations. The proposed changes include increased fines for all offences committed by wheel clampers and potential changes to how they are hired, monitored, and enforced. There are also other amendments including the introduction of a Wheel Clamper Technician course which all contract wheel clampers would need to complete prior to beginning work and a requirement that they wear reflective clothing while working.
This blog post aims to provide some context into what the City is proposing in response to the increase in complaints regarding wheel clamps, who has been affected by them and how this affects businesses and individuals within the city. With this in mind, I join with the Chamber of Commerce and Downtown Vancouver Business Improvement Association to express our concerns regarding these proposed changes.
On March 31, 2016, the City's Wheel Clamp Services' contract was suspended due to complaints from business owners and residents about wheel clamps placed on their private property. The Wheel Clamper Registry was also suspended due to concerns regarding the safety of people and products being clamped on private property across the City. This suspension has been extended for another year following an agreement between the City, BC Wheel Clamping Association and BC Wheel Clamping Associations' member businesses.
The suspension remains in place for 99.4% of wheel clamping activity in Vancouver, other than instances when wheel clamps are placed on the property of the business itself to prevent vehicles from parking there. The City's bylaw is currently under review with proposed changes to be brought forward later this year. The suspension remains in place until that review is complete, at which point the City will decide how it wants to proceed.
The BC Wheel Clamping Association has stated that it will not lift the suspension nor amend its constitution until there have been amendments made to the City's bylaw. The BC Wheel Clamping Association has stated that it will not lift the suspension nor amend its constitution until there have been amendments made to the City's bylaw.
1. City of Vancouver Responses to Complaints about Wheel Clamps
The number of complaints about wheel clamps had been increasing for several years prior to this suspension, with as many as 500 complaints per month on average; more than double the monthly average from 2009-2013 when the current wheel clamping bylaw was adopted in 2008. The number of complaints about wheel clamps had been increasing for several years prior to this suspension, with as many as 500 complaints per month on average; more than double the monthly average from 2009-2013 when the current wheel clamping bylaw was adopted in 2008.
The most common complaint is that wheel clamps were blocking space for people, bicycles and power mobility vehicles (PMVs). The most common complaint is that wheel clamps were blocking space for people, bicycles and power mobility vehicles (PMVs).
The City's response to this complaint has included posting signs stating that wheel clamps should not be used on sidewalks or bike lanes unless required to prevent an obstruction. As well, the City created a Wheel Clamping Registry to improve monitoring by requiring all new and existing contract wheel clammers to register with the City. The Wheel Clamping Registry provides the City with information including how many clampers are working in any area, where they are working and what areas need assistance.
The response for the remaining complaint about wheel clamps was to ensure that all new contracts included a clause that prohibits their use on pathways, sidewalks or bike lanes unless required to prevent an obstruction. In addition, there are signs posted throughout Vancouver reminding people not to park on private property or in areas where wheel clamping is permitted.
2. Impact of Wheel Clamp Suspension on Businesses and People
According to the City's legal documents, there have been no allegations of any safety issues associated with the suspension. Any concerns about safety can be dealt with through the bylaw review.
The BCWCA has indicated that they may pursue legal action if their contract is terminated. The City hopes that a negotiated resolution can be found as quickly as possible so that there is no disruption to the operation of its wheel clamping services moving forward. There would likely also be a high cost to taxpayers should this go to court. The Council's legal department would likely have to review the bylaw and the suspension with a legal advisor. This could take several months and incur significant costs.
In addition, there have been no allegations of any safety issues associated with the suspension. Any concerns about safety can be dealt with through the bylaw review. In addition, there have been no allegations of any safety issues associated with the suspension. Any concerns about safety can be dealt with through the bylaw review.
3. Legal Issues
There is uncertainty as to whether or not an injunction remains available under section 2(d) of the Charter of Rights and Freedoms (Bill of Rights).There is uncertainty as to whether or not an injunction remains available under section 2(d) of the Charter of Rights and Freedoms (Bill of Rights).
There is uncertainty as to whether or not an injunction remains available under section 2(d) of the Charter of Rights and Freedoms (Bill of Rights). There is uncertainty as to whether or not an injunction remains available under section 2(d) of the Charter of Rights and Freedoms (Bill of Rights).
This prohibition would likely also apply to any bylaw adopted in response to this. This prohibition would likely also apply to any bylaw adopted in response to this.
4. Conclusion
The City has indicated that it will proceed with the suspension of wheel clamping activity until there is a word from the courts or a resolution is reached with the BC Wheel Clamping Association. The City has indicated that it will proceed with the suspension of wheel clamping activity until there is a word from the courts or a resolution is reached with the BC Wheel Clamping Association.
In addition, this new bylaw could easily be challenged as vague and overbroad as well as infringing on property rights. While it may prevent sidewalk obstruction, it prohibits all uses of wheel clamps and not just those used to block sidewalks. These uses can be dealt with through the bylaw review, which is already underway. In addition, this new bylaw could easily be challenged as vague and overbroad as well as infringing on property rights. While it may prevent sidewalk obstruction, it prohibits all uses of wheel clamps and not just those used to block sidewalks. These uses can be dealt with through the bylaw review, which is already underway.
Finally, in the event of any legal challenge on any decision or regulation that would follow this new bylaw, we are looking at a significant cost to taxpayers if the City loses and must pay backcourt costs and possibly damages.
Conclusion
In my opinion, this wheel clamping suspension is the result of a process that has been rushed, has not taken sufficient time for full public and industry consultation, has not considered all possible solutions to this issue and hasn't maximized the opportunity for other non-legal solutions. In my opinion, this wheel clamping suspension is the result of a process that has been rushed, has not taken sufficient time for full public and industry consultation, has not considered all possible solutions to this issue and hasn't maximized the opportunity for other non-legal solutions.
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Dirty yellow wheel clamp