Clampers demise final with new traffic law

| 14/09/2012

clamp dennie.jpg(CNS): The clamping of cars will become officially illegal everywhere in the Cayman Islands next Friday, although the police will be able to tow cars away if they are illegally parked. Under the new traffic law, which comes into effect on 21 September, the dreaded wheel clamp will be outlawed but illegal parkers could still face hefty fines if their vehicles are illegally parked and removed. The fine for illegal parking is $100, and in the event the car is towed, there is a towing fee of $40 and a $10 daily pound fee for which the owner is responsible. From now on, the Royal Cayman Islands Police Service is the only agency that has the authority to have a vehicle towed. (Photo Dennie Warren Jr)

“This means that if a company wants a car towed, they will need to call the police, who will come to the complainant. The police will then assess the situation and take the appropriate action,” said Director of Driver and Vehicle Licensing David Dixon. “As long as the public has access to a parking lot, then they must follow the law, otherwise they are committing an offence and if they are parked illegally or in an unsafe manner, the police will have the authority to ticket or tow the vehicle."

Dixon added, “The police will be looking out for four things – abandoned vehicles parking in an unlawful or unsafe manner such as parking on yellow line, parking in a no parking area, or in handicapped space, or if a vehicle was involved in accident.” 

Meanwhile, school zones have also been properly gazetted under the new law, which means that motorists should comply with the 15 mph speed limit when the lights are flashing or road markings or signs are posted. Non-compliance with the signals now draws a $200 fine. 

Another change in the traffic law is that under section 117, utility workers now have some protection under the law when carrying out road works. The law states: “A person who, on approaching road works referred to in subsection, (2), does not obey all directional signals and signs, whether verbal, manual or automated, given to him by –(a) a person authorized to man such place; or (b) equipment placed at such road works, has committed an offence.”

"The police were getting a lot of complaints that drivers were unnecessarily putting utility workers at risk by deliberately disobeying their directions. The police have the ability to prosecute the public if they endanger these workers when they are carrying out road work," Dixon added.

While lots of the law remains the same, there are significant changes to some sections, including the re-categorisation of vehicles to include electric cars and the regrouping of vehicles to distinguish between sedan, SUVs, Hummers and different trucks weights.

The law addresses two types of electric vehicles: regular – those that can exceed 30 mph –and Low Speed Electric Vehicles (LSV) or Neighbourhood Electric Vehicles (NEV) whose top speed is registered at 30 mph.

NEVs are to be used only in speed zones of 30 mph or less. An “electrically powered vehicle” is capable of travelling in excess of 30 mph and is registered and licensed as an ordinary vehicle that has a combustible engine. This means that, finally, there is no differentiation between an ordinary vehicle and an electrically powered vehicle.

“Low Speed Electric Vehicles (LSV), or Neighbourhood Electric Vehicles (NEV) will only be to operate in 25 mph zones throughout Little Cayman and on the Old West Bay Road, where the speed limit is expected to be reduced to 30mph.

All vehicles fees have also been increased and some vehicles have been re-categorised and grouped to allow for a fairer fee structure based on weight. B“A bigger car with a bigger seating capacity has more impact on the roads. So we adjusted the fees accordingly,” Dixon said.  

The licensing fee for regular sedans or cars not exceeding 2,500 cc or four seats has increased from $160 to $180 for 12 months. SUVs or vehicles exceeding 2,500 cc and not exceeding eight seats excluding the driver are now $200 per annum. Hummers have been classed into two categories — there is a grouping for H1 Hummers, as distinct from all other types. H1 Hummers are $1,000 and all other types are now $500 for one year's licensing.

The other significant change in the grouping is private trucks exceeding 4,000 lbs but not exceeding 8,500 lbs gross weight.  These trucks annual licensing fee will now be $400 a year.

Group 5 was removed from the driver’s licence group relating to motor scooters, as these were best suited for the Group 1 class of driver’s license. Another significant change to the Law addresses Group 1A motor cycle licence.

“Regulation 8 of the Traffic Regulation now requires persons to produce to the examiner proof that they held a full Group 1 licence for a motor cycle of an engine capacity not exceeding 125 cc for a period not exceeding one year prior to their application. They must also successfully complete a basic rider-safety course approved by the Director. This is a change from the previous law, which required a person to have a Group 1 licence for a period of two years before qualifying to upgrade to a Group 1A,” Dixon explained.

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  1. Kadafe says:

    With the inadequate amout of parking in 90% most places in cayman this law is crap and everyone knows it.police will be overwhelmed.. They have like what 1 or so towtruck? First off they going to take so long to come anyway cause they will always be back and forth dropping off etc. I can see that waiting list now…
    To make this work they will have to make a list of approved independent contractors who businesses can call… Thats the only way i cam see this working…

  2. Anonymous says:

    Guess what? The RCIPS will expend a total of zero ressources enforcing parking. They have bigger fish to fry. Are you suggesting that if someone parked illegally on my property I cant tow them?

     

  3. Anonymous says:

    This absolutely should not apply to private parking lots. How is a business owner going to stop some selfish person in town parking all day whilst they go to work? There will be no space for his customers to park. Again, another law which rewards people for being inconsiderate. The police do not have the time or equipment to do this. In a time where we should be looking to reduce government expenditure by private companies reinforcing this themselves, we are ALL going to pay for this service. Does this mean that anyone can just go and park in the Chief Justices space by the courthouse?

    • Anonymous says:

      I believe there is supposed to be a law that says each company is supposed to have a number of parking spaces depending upon the size of the company. First off we know that law is a joke just look at the nunber of parking spaces in town to the companies. Second is this law now done away with afterall the parking spaces will no longer be for that company but for the general public.

      There must be a compromise between companies that have planned parking spaces for their customers and clamping of cars. Clamping is not the answer but perhaps tickits for people parking where they are not supposed to is the better option. Of course we are going to hear a number os people complain and if you are right then okay but there are a lot of people that dont want to obey any kind of laws. 

      By the way it seems to only how you will be able to have assigned parking spots for your staff or customers is to have a locked off area.

    • Anonymous says:

      Are you sure you want to see our police have no time to do this? It's not like they are out fighting and solving crimes.

  4. Anonymous says:

    So it would appear that the "its my island and I am intitled to park anywhere I choose especially if its blocking access to everyone else" group is still in charge of government here.

  5. Anonymous says:

    Problem is the rich get fined at big deal. Have the secretary sort it out the next day and pay the fine. The poor get fined once and dont do it again.

    The clamping on the outher hand was a major inconvinience rich or poor.

    I for one rang the clampers everytime someone was in my spot.

  6. Anonymous says:

    The police will be towing cars!!!!

    There is a broken down car parked at the intersection of Eastern Ave & West Bay Rd. that has been there for 2 days. I have repeatedly seen near miss accidents almost everytime I pass by. Police issued a ticket and stuck it on the window. Am I in lalala land or shouldn't this car have been towed immediately or are we waiting for a car to slam into the back of it and cause a pile up then we will take care of it.

    Boggles the mind.

    Don't get me started on the enforcement of exixting laws.

     

    • Anonymous says:

      I agree with you, put reading the statement the amendment to the law comes in effect on September 21. If they tow the car they are liable to the owner in someway I guess, you know that will be their excuse. They are great at pointing out the law to avoid work. 

  7. Anonymous says:

    Heard the captain of those pirates on TV talking about the possibility of clamping's eventual return. In your money-grabbing dreams, pal.  Personally, I'd make you and your crew refund your ill-gotten plunder (with interest) to those you extorted it from, before making you carry all your tackle on foot to the airport, that is. More's the pity that our semi-conscious bunch of representatives took so long to rid us of this piece of organised theft.

    Remember, the Scottish courts banned it from 1992, determining that it constituted "extortion and theft" for the benefit of anyone who might consider my comments a tad over the top. (Mind you, I'd have to admit to a certain amount of begrudging admiration for anyone brave enough to demand money from a Scotsman – even a sober one – in return for his property on the streets of Glasgow. Must have been one of the most dangerous jobs on the planet!)

  8. Anonymous says:

    This is good!!!! I know all of the people that don’t like
    To follow simple rules will be happy now go ahead and park where ever now!
    But don’t make me catch you before next Friday!! #promise#

  9. Shaft says:

     

    I agree on Utility Workers issue (section 117, utility workers now have some protection under the law when carrying out road works). One of the other issues under this law is the bad and wear out road cones and "No Vest" (or wear out) visibility vest. I must say that CUC has always been the leader on this. Cable & Wireless/LIME flowed them a few years back when one of their (CUC) emploeeys whent and work for C&W that brought them up to par.

    Since am on the topic of “Visibility andSection 117”, I see many times at night when the Police when doing road blocks are hardly noticeable just wearing their uniforms and sometimes I myself can’t figure out if it’s the police or pedestrian/s. Am sure all them are given a proper vest to wear but most refused case it’s a bit hot. Then go to A.L. Thompson and purchase the lighter vest so I can see the officers from a far.     

    What is needed is a body or someone under each road works to over see any road works thats not up to par their license will be suspended and/or a penalty.

    Thanks,

    Shaft

    • Anonymous says:

      Hey, John, that reference to "a body or someone under each road works" kinda spooked me, man. I mean, the Hoffa thing and all, you understand.

  10. Anonymous says:

    So a private business that provides a parking lot for it's clients will no longer be able to control it????????? That is nonsence.

    For example, when the customer parking spaces at my bank becomes full of  non-customers  (Joe Public) and the bank calls the Police, how long do you think that it is going to take to get a response? When the response comes and they issue a ticket, how does that assist the business & their clients in freeing the lot for legitimate parking.  How much longer to get the vehicles towed, assuming that a tow truck can get to the vehicles? What am I, the legitimate customer, to do while all of this is taking place? Park in the street (blocking traffic) to await the removal of the offending vehicles?

    This law should only apply to PUBLIC parking lots. That is lots provided by the country for the use of anyone. A private parking lot is not open to the public, i.e. any driver for any purpose. It is restricted to the clients of the business providing the parking lot. So they should stillbe able to control it by whatever means they deem necessary.

  11. Chris says:

    It will be interesting to see if the police will use this new law as a revenue raising measure by creating a "Tow Away Team" which can surely translate into thousands of dollars per day or if they will turn a blind eye, adding this law to the mountain of unenforced laws that we already have on the books.

    • Anonymous says:

      Let’s hope the generate money this way by targeting the selfish who disobey the law.

  12. BrianTomlinson says:

    What about the inevitable situation when someone parks in a spot “reserved” for John Doe at an office parking lot. Will the RCIPS intervene in such a civil matter?

    • Anonymous says:

      They will still be clamped. It will not be illegal to clamp in private car parks – only those to which the general public has access.

      • Anonymous says:

        I wish you were right but, unfortunately, for some obscure reason, you aren't. 

    • Anonymous says:

      I always block in anyone who parks in my spot. I collect the rude notes I receive. I always leave notes back asking whether they are me. I got one great one once someone moaning they would miss their lunch so I just left my car there overnight.

    • Anonymous says:

      Yup this is my concern.  Where I work we only just have enough spaces for those that work here, and we have to double up to get everyone in.  The is a private car park behind our building only accessible by driving through our private grounds.  Our firm pay a ridiculous amount of rental income to our landlord (in addition to the office rent) to have those spaces reserved for the staff.  Yet time and time again (and this is almost a daily occurrence) we are prevented from getting out to business appointments or stuck in the office at lunch time, or prevented from going home on a night because some idiot thinks its OK to park there blocking us all in, and wanders off into town for hours at a time leaving us with no clue who it is and no way of moving them.

      Will the police come to our rescue on that I wonder?  Somehow I doubt it.

  13. Dudenottherug says:

    The problem with this change in law/laws is that the cops on the street will do nothing about it. Hey RCIP you don’t need new traffic laws you need new cops

  14. Anonymous says:

    Thank you all for taking away the powers of those wheel clampers as they were disgusting. They would just sit and wait on the poor working public who had to make a quick stop at the supermarket. They would not even warn us  not to be long or not to park in the spot. I once saw a lady with a very serious surgery that made her almost unable to park, she parked close to the Pharmacy in Red Bay and as soon as she got out the car he was clamping her car. He actually grouled at the lady who was explaining that she urgently needed her medication and was unable to walk a distance. The Police will be able to use their discretion more better, as they are being paid by government and not by a company who will keep you employed depending on the amount of business that you bring in {amount of car wheels that youclamp]. There is such a thing that one might not qualify as a handicap but have medical problems that prevent them from being to walk within a long distance. I hope the Police will take them into consideration if they have to park in a handicap spot. Again thanks very much for getting rid of these money lookers.

  15. Anonymous says:

    YAYYYY!!!!!  Great news!  Now if this bankrupt govt would turn the Christian Heritage Park that is proposed into a parking garage for town instead, they could charge a nominal fee for parking and make a ton of money and ease the parking problem.  Heck……they could open it up now and charge and make use of land that is sitting there wasting when it could be used and be a big help to the public and that would  not cost anything!  But what do I know….im not a consultant.

     

    • Anonymous says:

      Here I am, trying to making a living, I have a small parking lot adequate for my business. Now I have no control over who parks there, so Mr. So and So who did not have enough parking can use my space. I can call the police, they might or might not come before the offending car is moved. This is poor use of police time. They should be fighting and preventing real crime and I should be able to have control over my own property.

      • Anonymous says:

        And Cayman shouldn't be run as a third world country.   But it is what it is.

  16. Anonymous says:

    The police need to check cars that are parked  and has not been licensed from years and is  left illegally parked  at the seventh day adventist parking lot bodden town.

  17. Whodatis says:

    Good riddance to what was a predatory, money-grubbing practice.

    • Anonymous says:

      Some of the business don't charge, they are just trying to stop ignorant people from using their parking spaces whilst they go to court. These spaces must be kept for customers on legitimate, short term business. How can a business service it's customers who need parking spaces?

  18. Anonymous says:

    Cayman public, government ad authorities continue to ignore the needs of disabled. Enforcement of disabled parking is a simple oversight for the rest, xxxx

  19. peter milburn says:

    Not before time but thinking back its hard for people to find parking places in GT and the fear of clamping made it even harder.Pity the Govt has not seen fit to put in parking meters but maybe when they stop all this world travelling they might be able to afford them Parking meters would bring in a handy piece.of change for the govt coffers w/out creating too much hardship like some other fees they have sought to raise which will have a crippling effect on many businesses.The main thing about illegal parking is the taking of Handicap spots.This I think warrents a high fine for lack of consideration of a handicapped person.

    • Anonymous says:

      I think we will need the introduction of a $1 coin first.

    • Anonymous says:

      Come to the Fosters in East End.  Everyday you will see someone pull the old 'park sideways across 3 handicap spaces, keeping the car and AC running while your infants kids are not in car seats roaming around the front of the vehicle.'  Classic

      • Anonymous says:

        Been there, seen that many many times.  It would be easier to just change the sign to mentally and educationally handicapped parking only.

  20. Kadafe says:

    What about at the airport? Are they still able to clamp wheels when cars are parked there illagaly?

    • Anonymous says:

      Did you read the article ?  First sentence .. "The clamping of cars will become officially illegal everywhere in the Cayman Islands"

      • Stiritup says:

        What about the Brac?  Will clamping be illegal there too?

        • Anonymous says:

          No, dont you remember that the Brac has different laws? We do our own thing, use Government moneys to pave yards etc etc etc.

        • SSM345 says:

          1:59, no, parking will not be illegal in the Brac even in areas considered to be "private parking" lots, because as you know, we the public paid for all that paving so we have a right to park whereever we now so choose, in the Brac…..You know what that means right? No more having to get up early to race to town to find parking!!!!!!!!!!!!

      • Caymanian Lament says:

        Wrong. The clamping of cars will be illegal everywhere th public has access. Since the public have no lawful access to private car parks, clamping will continue in all manner of places.

      • Anonymous says:

        The security guards at the airport seem to have a different understanding of the law.  I asked one of them last week if they will be able to still clamp with the new law in place, and he said yes.

    • Airport Wheel Clamp Man says:

      Yes we will. Its the property of Airports Authority and our rules on that said property gives us the right to clamp anyone that we see fit. Sorry!!  

    • Anonymous says:

      police will be at airport to hand out fine tickets which cost 100 dollars!