Wheel clamping has become an increasingly controversial topic over the past few years. The law relating to wheel clamping in Queensland was not clear cut for a long time. However, the Parliament of Queensland, in 1997, took steps to ban wheel clamping.
Wheel clamping is the practice of detaining a vehicle that is parked, using an immobilising device, usually called a wheel clamp. Wheel clamping usually occurs on private property, where the owner of the private property engages a wheel clamping company to clamp vehicles which are parked on the private property, without the owner’s consent. The owner or driver of the vehicle is then expected to pay a fee to enable the vehicle to be released. It is generally impossible to remove the wheel clamp without damaging either the wheel clamp, or the vehicle.
It is an offence for a person to detain a vehicle parked or stopped, without the owner’s consent, by attaching an immobilising device to the vehicle, or placing an immobilising device near the vehicle. Immobilising devices include wheel clamps. The maximum penalty for this offence is a fine of $3,000.00, or six (6) months imprisonment.
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INFORMATION ONLY. THIS IS NOT LEGAL ADVICE