Wheel clamping in the City has long been a heated issue that ramped up last year when several families' cars parked in a private car park had their wheels clamped while attending the free community Christmas carols event on Scarborough foreshore. To have the clamps removed, motorists are forced to call the contracting company – Auto Clamp – and pay $170 on the spot. City of Stirling mayor Mark Irwin said wheel clamping needed to stop and said the penalty for vehicles detained was "disproportionate" to the crime. “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,” he said. “Other states such as Victoria and New South Wales have had a wheel clamping ban in place for some time and we would like to see this introduced within the City of Stirling.”

Auto Clamp managing director Sue Chapman said although wheel clamping was not allowed in NSW and Victoria through state specific legislation, there was no comparable law in WA to enforce such a restriction specifically within a local government area. Loading Ms Chapman, who helped introduce wheel clamping to WA 18 years ago after her husband saw the prosperous side of it, said the practice was banned in the eastern states after an amendment was made 21 years ago to the Local Government Act in NSW, and to the Road Safety (Wheel Clamping) Act 1996 in Victoria. “The Local Government Act (WA) has no comparable provisions to authorise a local government to ban wheel clamping within the municipality,” she said. “It is arguable that … [the] Act would expose the City of Stirling to claims for compensation from property owners and occupiers if it were to introduce a local law to ban wheel clamping.”

Ms Chapman said there was “no basis upon which it can be contended that a local government in WA has the power to abolish the common law”, where a person who owns land may impound a vehicle which is wrongfully on that land to secure payment. The Stirling local law would apply across the City except in limited circumstances where parking facilities were controlled by access gates and a driver must pay a fee to leave the facility; where a government officer has the power to detain a vehicle; or where there is an agreement allowing for the vehicle to be detained – for example, when a mechanic requires payment for repairs before the car can be collected. Ms Chapman said she was advised last week businesses on Scarborough Beach Road were forced to close their doors due to “no parking on the premises for their customers”. "I’d like the council to advise how they think that the incorrect parking of the public is acceptable for businesses already struggling," she said. "The problem here is the council and its lack of servicing of the area with sufficient parking. The public need to be educated that private parking is strictly private parking and not for the public."

Despite being the first WA council to attempt to ban wheel clamping, Mr Irwin told Oliver Peterson on 6PR Radio's Perth Live on Wednesday that he was confident they could, citing examples where local laws on private property were enforced for community safety. “We go on to people’s property to make sure their pool fences are compliant, those sort of things, so we’re confident we can do it,” he said. “Obviously it does then need to go to the delegated legislation committee of Parliament for the final say.” The draft local law is open for public comment until January 31, 2020. To have your say on the draft local law, click here.