CODE OF PRACTICE FOR THE WHEEL CLAMPING INDUSTRY IN WESTERN AUSTRALIA. Wednesday, 2 May Page 1 of 24 CODE OF PRACTICE

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1 FOR THE WHEEL CLAMPING INDUSTRY IN WESTERN AUSTRALIA Wednesday, 2 May 2007 Page 1 of 24

2 Page 2 of 24

3 Index FOR THE WHEEL CLAMPING INDUSTRY IN WESTERN AUSTRALIA Introduction Page 4 1. Definitions Page 5 2. Objectives Page 5 3. Requirements for Agreements Page 6 4. Types of Clamp Page 6 5. When Vehicles May be Wheel Clamped Page 6 6. When Wheel Clamping Should Not be Applied Page 7 7. Response Time Page 7 8. Signs and Information Page 7 9. Window Warning Sticker Page Vehicle Identification Page Identification of Enforcement Staff Page Fees & Payments Page Vehicles Wheel Clamped in Error Page Abandoned Vehicles Page Complaints Resolution Procedures Page Education and Training Page Insurance Page Appendices Page 14 Page 3 of 24

4 FOR THE WHEEL CLAMPING INDUSTRY IN WESTERN AUSTRALIA Introduction The Parking Industry and the RAC have prepared this Code of Practice in consultation with industry stakeholders in order to control the practice of wheel clamping in Western Australia. It has been developed as wheel clamping is not illegal in Western Australia and some form of control is considered desirable. It is a voluntary code that represents industry best practice. This Code of Practice was developed to provide guidelines to private organisations involved in wheel clamping that will enable them to: Operate in a fair and equitable manner. Abide by the provisions of this code. Promote best practice at all times. It is not intended to apply to government authorities or as a basis for regulation. Page 4 of 24

5 1. Definitions Wheel clamping or clamp means the immobilising of a motor vehicle by attaching a clamp or other device to a wheel to restrict its movement. De-clamp means to remove the wheel clamp from the vehicle. Contractor means the wheel clamping company or employer of the wheel clampers. The contractor shall hold a current security agents licence in accordance with the provisions of the Security and Related Activities (Control) Act All employees of the contractor involved in wheel clamping activities shall be trained in accordance with the provisions of this code. Owner means the person named on the registration papers. Driver means the person actually driving the vehicle at the time of the vehicle being clamped. Company means the organisation employing the services of the contractor, normally the managing agent, operator of the Car Park and/or the owner of the land on which the clamping is intended. Car park means a privately owned car park open to the public and approved to operate as a car park by the Local Authority. Conditions of use means the stated conditions of use for entry to the Car Park displayed at the entry and throughout the Car Park. 2. Objectives The main objective of this Code of Practice is to ensure that when it is necessary to wheel clamp a vehicle, to either enforce parking regulations in car parks (where these are not regulated by law) or to deter illegal or unauthorised parking on private land, it is undertaken in a fair, responsible, effective and efficient manner. The Code is intended to ensure that the owners/drivers of vehicles clamped or declamped in accordance with this Code of Practice will not be penalised by excessive charges, low quality service, vehicle damage, poor response times or unnecessary immobilisation of their vehicles. Page 5 of 24

6 3. Requirements for Agreements Before any wheel clamping activities commence there must be a written contract between the company and the contractor concerning the provision of wheel clamping. The contract must include this code as part of the terms and conditions of the contract. The contract shall state that the contractor will operate in accordance with this Code of Practice and shall also include: a) A definition of the land on which the contractor may operate by name and location and other particulars where necessary. b) Definitions conditions and restrictions on wheel clamping operations and procedures. c) Responsibilities for the planning, supply, erection and maintenance of Wheel Clamping signs. d) Method of payment of contractor s services (a preferred method is by way of a fee to avoid the accusation that the contractor only benefits from the number of release/retrieval payments it receives. It is recognised however that this is a commercial matter between the contractor and the company). e) In the case of a privately owned and operated car park, written confirmation from the local authority of approval to use the land as a car park. 4. Types of Clamp Wheel Clamps shall only be used if they are of a type that is approved by the Royal Automobile Club of WA (inc) and shall not damage the vehicle either by design or in the process of installation or authorised removal. 5. When Vehicles May be Wheel Clamped All the following conditions must be met before vehicles may be wheel clamped: a) The company requests the contractor to undertake the wheel clamp. b) The vehicle is parked on land on which it is not authorised to park, or is not parked in accordance with the conditions relating to the use of the car park. c) Signs conforming to this Code of Practice have been erected. Page 6 of 24

7 d) The vehicle is recorded as having previously breached conditions of use and its owner issued with a parking breach notice by the company. This condition need not apply if use of the parking area is restricted to visitors and occupiers of the premises and their employees and conditions of parking are clearly signed. e) The wheel clamp shall be attached to a wheel on the driver s side of the vehicle. 6. When Wheel Clamping Should Not Be Applied A vehicle shall not be wheel clamped where any of the following applies: a) The vehicle is parked in accordance with the car park conditions of use but has overstayed the paid for time by less than 20 minutes. b) An emergency vehicle being used for official purposes, eg. fire, police, or ambulance, c) The vehicle has had a clamp removed less than two hours previously and which remains in the same position. d) The driver is present with the engine running (for up to 15 minutes only). g) The vehicle is parked where the wheel clamping warning signs are not displayed in accordance with this Code Of Practice. 7. Response Time A contractor must attend to remove a wheel clamp from an offending vehicle within 30 minutes of receiving a request from the driver, owner or the company to attend and remove the clamp. Note: Where the safety or wellbeing of the motorist is perceived to be at risk, for example single women, elderly or disabled persons during the hours of darkness priority attendance and release should be given by the Contractor. 8. Signs and Information Wheel Clamping shall only take place where there are clear signs of adequate size and visibility placed throughout the Car Park. The signs must: Page 7 of 24

8 a) Comply with this code. b) Be illuminated if the land is unlit after dark. c) Be placed at each vehicle entry point. d) Be placed so that at least one sign is visible from any one point of its car park, where practical. e) Where the site can be closed with gates, warning information signs must also be visible from outside the site. All Warning Signs shall state: a) The words WARNING you have entered a wheel clamping area. b) The parking terms and conditions that apply. c) A warning that on failure to comply with car park conditions, the vehicle may be clamped. d) A 24 hour, continuously manned telephone number to contact to arrange the removal of the wheel clamp. e) Under what circumstances and at what times clamping may take place and any conditions that must be complied with. f) The wheel clamping release fee and who to contact. Note: A sample WARNING SIGN is shown in Appendix (II) 9. Window Warning Sticker When a vehicle is wheel clamped, information stickers in accordance with Appendix III shall also be placed on the driver s door window of the vehicle and under the driver s side windscreen wiper. This advice should be secured on the vehicle in a manner that does not cause damage to the vehicle. All Window Warning Stickers shall state a) The following warning prominently displayed: ATTENTION This vehicle has been immobilised by means of a wheel clamp Do not attempt to drive as this will result in damage to your vehicle. b) The time & date the clamp was affixed to the vehicle. c) Why the vehicle was clamped. Page 8 of 24

9 d) The name of the firm responsible for the wheel clamp. e) The steps to be taken to release the wheel clamp. f) A continuously manned 24 hour telephone number to contact to arrange the removal of the wheel clamp. g) The fee for removing the clamp and method of payment. Note: A sample WINDOW WARNING STICKER is shown in Appendix (III) 10. Vehicle Identification A photograph/video should be taken before clamping, indicating the offending vehicles position, its registration and any information related to the offence. Digital photographs are acceptable. The photograph must relate to the alleged offence. The date and time of arrival and departure of the wheel clamping contractor should also be recorded. 11. Identification of Enforcement Staff Anyone undertaking the act of wheel clamping vehicles must always carry with them their identification badge which should be available for inspection upon request. They shall be smartly dressed in an identifiable uniform. The identity card should include: a) A photograph of the holder. b) An identification number. c) The name, address and telephone number of the operating company. Enforcement staff should avoid putting themselves, or others, in danger during the operation of clamping. Note: A sample IDENTITY CARD is shown in Appendix (IV) 12. Fees & Payments The de-clamping operative will accept any fees and payment in accordance with the following: a) The advertised fee must be fully inclusive of Goods and Services Tax (GST) and all other fees and charges. Page 9 of 24

10 b) Payments will be accepted as: i) credit card ii) EFTPOS iii) cash (a written receipt must be given) Notes: On occasions the Wheel Clamp operative will obtain the Company s authority to invoice, reduce or waive the fee due to unforeseen circumstances. For reasons of personal safety and security and for its simplicity of process, the preferred method of payment for clamping release is by a mobile EFTPOS facility. c) Tax Invoices must be given for payment. Receipts shall include the following information: i) Name of the Contractor, ABN, correspondence address and telephone number. ii) Date, time of clamping and de-clamp time. iii) Site where vehicle was clamped. iv) Make and model of vehicle. v) Vehicle registration number. vi) Vehicle condition and inspection report noting any existing damage. vii) Nature of contravention. viii) Company representative (if applicable). ix) Amount paid and method of payment. x) Name and/or number of operative issuing receipt. xi) Job number (if applicable). xii) Invoice number. Note: A sample TAX INVOICE is shown in Appendix (V) 13. Vehicles Wheel Clamped in Error Where a vehicle is wheel clamped in error the de-clamping operative will immediately obtain management approval by telephone or radio contact and upon authorisation, shall immediately release the vehicle with a full verbal apology and no fee will apply. Customers should be provided with written advice of how to pursue their complaint. Page 10 of 24

11 14. Abandoned Vehicles If a vehicle appears to be abandoned the company should be informed and advised to take appropriate action. Dealing with abandoned vehicles is outside the remit of this Code of Practice. 15. Complaints Resolution Procedures Irrespective of the detailed requirements in this Code of Practice, the underlying philosophy is that both the contractor and the Company shall act reasonably when dealing with members of the public who have contravened car park conditions of use, and endeavour to resolve any complaint quickly and amicably. In order to avoid a confrontation, the contractor or their employees should not enter into a dialogue with an aggrieved party on site. Where the driver continues to challenge the operation, they should be invited to forward a written complaint to the contractor or company. A dispute about the application of a wheel clamp can arise at any time. The contractor should therefore be prepared to explain to the driver/owner of the vehicle by the close of the next working day (to enable extraction of data) why a clamp was applied and provide any information required to investigate the occurrence further. If possible, written supporting evidence such as car park conditions of use should also be made available to the customer. When a company receives a written complaint, a senior officer of the company concerned should respond to the complaint in writing within 7 days and, if a refund of any fees paid is due, such a response must include that refund. The company must keep documentary evidence of any complaints it receives and the action taken to resolve them. Documentary evidence is to be retained for seven years. Page 11 of 24

12 A member of the public who has a complaint about a Code of Practice signatory should first write to the company, giving details of their complaint. The company must respond to the complaint within 7 days. If the complaint is rejected or the person concerned is dissatisfied with the response, then they should write to the Commissioner for Fair Trading with details of the complaint, supporting documentation, and a copy of the member company s reply to their complaint. All complaints received by the Commissioner for Fair Trading against a Code of Practice signatory will be passed on to the company for a written response within 7 days. All complaints to the Commissioner will be recorded and monitored. There are however, certain complaints that cannot be dealt with by the Code of Practice these are: a) Where either party has already commenced court proceedings. b) Where the complaint involves an allegation of violence [or other criminal act] this must be addressed to the police. The Commissioner for Fair Trading will acknowledge receipt of the complaint within 4 working days of receipt. The company against whom the complaint has been made will be informed that the matter will be dealt with by the Commissioner for Fair Trading and will be asked to provide a written explanation of the matter within 7 days. The Commissioner for Fair Trading will consider the complaint and endeavour to effect a resolution. If the Commissioner determines that the complaint is justified, remedies can include that the company offers a refund or reduction in fees charged. If the matter cannot be resolved, advice will be provided by the Commissioner of Fair Trading to the vehicle owner of available avenues to seek redress. Page 12 of 24

13 A letter setting out the view of the Commissioner for Fair Trading and his recommendations will be sent to all parties within 28 days of receipt of the complaint. 16. Education and Training All operatives shall be licensed and properly trained in all skills necessary to carry out their work in a professional manner. In the case of licensed operatives they will have undertaken an Australian National Training Authority (ANTA) approved training course in order to achieve licensing and will need to keep up to date with changes to requirements, in order to maintain their competence. Contractors must accept their responsibility to provide adequate training provision to all staff in respect of general practices, Standards of Behaviour, Worksafe (Occupational Health and Safety) and on the job training. Enforcement staff are required to either hold a Security Officers Licence in accordance with the Security & Related Activities (Control) Act 1996, completing an approved course to the equivalent of PRS Certificate II Security (Guarding), or receive specific training in wheel clamping from a ANTA recognised organisation (course syllabus similar or equal to Appendix VII). 17. Insurance Clamping contractors must carry sufficient public liability insurance (minimum $10Million) to meet reasonable claims for damage or expenses. They must also carry full workers compensation insurance in accordance with State legislation. Page 13 of 24

14 18 APPENDICES APPENDIX I DECLARATION I,. (Name).... (Position) On behalf of... (Company/Contractor) Of (Address). hereby confirm that: I have read and understood the Draft Code of Practice for wheel clamping and will ensure that the company: Complies with the principles of this Code of Practice in respect of wheel clamping. Manage its affairs professionally so that its operations are conducted efficiently and effectively and in accordance with good business practice. Informs its employees and subcontractors of the obligations of this Draft Code of Practice and monitors their compliance with it. Employs staff and subcontractors who are competent, qualified and where appropriate licensed to carry out the work assigned to them. Operates from established premises and is adequately insured. Strives to resolve any complaints and disputes quickly and equitably. I further declare that should I change my role or leave the organisation that I will ensure that the name of my successor, taking over these responsibilities, will sign this declaration prior to change. Signed Date.. Page 14 of 24

15 APPENDIX II SAMPLE WARNING SIGN Warning Sign Minimum Size Height: Width: 600 mm 400 mm Page 15 of 24

16 APPENDIX III SAMPLE WINDOW WARNING STICKER Minium Size 280mm(h) X 160mm (w) Page 16 of 24

17 IDENTY CARD APPENDIX (V) APPENDIX IV SAMPLE IDENTIFICATION CARD Front Back Page 17 of 24

18 APPENDIX V SAMPLE TAX INVOICE Page 18 of 24

19 APPENDIX VI PROFESSIONAL STANDARDS OF BEHAVIOUR AND CONDUCT A Wheel Clamper Operative may be subject to disciplinary action if he or she is found to have contravened the provisions listed below: As an overriding guiding principle, a Wheel Clamper Operative shall always conduct all aspects of his or her employment in a responsible and professional manner. A Wheel Clamper Operative shall: 1. Carry out his or her duties in a professional and courteous manner with due regard and consideration of the limits of the authority of the position. 2. Act in a reasonable, equitable and non-discriminatory manner and with due regard and consideration to the needs of clients and members of the public and use moderate language, which is not defamatory or abusive. 3. Maintain dress and personal grooming that is of a professional standard and appropriate to his or her work situation. A Wheel Clamp Operative shall wear an identifiable uniform. 4. Wear an identification card during all work times. The identity card should include: 4.1. a photograph of the holder, 4.2. an identification number, 4.3. the name, address and telephone number of the operating company. 5. Allow the public to inspect this identification card upon request. 6. Not consume alcohol and/or drugs whilst on duty and not commence duty if he or she has consumed alcohol and/or drugs in the period leading up to them commencing duty which would adversely affect the adequate performance of his or her duties. 7. Act responsibly with regards to the legislation that directly affects his or her employment and cooperate fully with authorities including the police when required. 8. Not use force or threatening behaviour in the course of his or her duties. 9. Advise his or her employer as soon as is practicable of any changes that would adversely affect his or her ability to carry out their functions as a Wheel Clamper Operative. 10. Not commit or condone any of the following acts which may be regarded as a breach of this Code: Knowingly make or sign any false verbal or written statement of whatever description Destroy, mutilate, alter or erase any document or record without proper authorisation Divulge any matter that is confidential to the employer or its clients, either past or present, without authority Corruptly solicit or receive any gratuity or other consideration from any person or fail to account for keys, money or property received in connection with his or her duties. Page 19 of 24

20 10.5. Be uncivil to persons encountered in the course of work or make unnecessary use of authority in connection with the discharge of his or her functions Act in a manner likely to bring discredit upon his or her employer, a client, fellow employee or the occupation of Wheel Clamp Operative Wear his or her employer s uniform or use the employer s equipment or identification without authority Carry any equipment not issued as part of their duties and without his or her employer s authority or make use of a client s equipment or facilities without proper authority. 11. Return all equipment issued as part of his or her employment upon termination of employment. 12. Ensure he or she has a clear understanding of the requirements and conditions of the employer with whom they are employed. 13. Report to his or her employer all potentially hazardous locations, working environments, work instructions and similar difficulties that may impact on the performance of his or her duties, and that any problems encountered while on duty are properly recorded and reported. 14. Adhere to the employing organisation / company standards 15. Contribute to the goals and objectives of the employing organisation / company. Page 20 of 24

21 APPENDIX VII WHEEL CLAMP OPERATIVES COURSE SYLLABUS REQUIREMENTS Roles and responsibilities of wheel clamp operatives within the parking industry Roles Role within the private security industry. applying and removing vehicle clamps. when and where not to clamp. Responsibilities Knowledge of industry Code of Practice and how it applies to the practice of wheel clamping. Completing appropriate documentation for applying and removing vehicle clamps. Knowledge of vehicles that cannot be clamped or removed. Standards of individual behaviour for vehicle immobilisers. Reasons for having standards for individual behaviour. Importance of uniform and how to wear it. Who customers are in vehicle immobilisation. Importance of good customer care. Developing good customer care. Clamps various types of clamps. how to apply a clamp. risks involved when applying a clamp eg vehicle moving, attacks from behind. Paperwork Completing appropriate paperwork eg clamp log, clamp warning sticker. Importance of paperwork. Processing of paperwork. Working practices Working practices: for wheel clamp operatives Need for safe working practices in line with legal requirements. Responsibilities of employee and employer for safe working practices; importance of personal safety. Methods of safe manual handling. When to record incidents and accidents. What to record in the event of an incident or accident. Use of photography. Procedures and principles for start and end of shifts. Page 21 of 24

22 Importance of shift procedures. Discretionary parking: roles; types of discretionary parking permits; where discretionary parking applies. Disabled Badge schemes and regulations, permit schemes, waivers eg ensuring land owner has given clear instructions concerning disabled, utility vehicles, doctors/nurses on call etc. Payment process: how fees are set where and how information about fees must be displayed. various payment methods eg must be reasonable. Processes for accepting cash, cheques and major credit cards; completing receipts eg proper receipt, dated, company name. Appeals procedure: why it is needed; reason for appeal. how motorists are advised about appeals procedure. recording appropriate details eg might be special mitigating circumstances; operatives should give motorist appeal details. Practical vehicle immobilisation techniques Techniques: processes involved in clamping of vehicles ie when to clamp. applying and removing clamps to vehicles. use of radios in keeping control and keeping supervisors informed in situations. Documentation Completing appropriate paperwork relating to clamping and towing. Specialist knowledge Signs, lines and enforcement vehicles: Relevant signs eg correct warning signs at entrance and visible where people park. Where signs must be displayed and why and information that must be displayed on signs. Signage required for enforcement vehicles; signs and accompanying stickers that are affixed to vehicles eg company name, phone number, penalties, how to pay, advice as to how long to wait for vehicle release. Photography: Why photographs are taken. When photographs should be taken. What detail should be captured on a photograph; eg at least four photographs. showing screen and inside the front of the vehicle to prove offence, photographs to include the vehicle and a warning sign. Types of photographic equipment that can be used. Page 22 of 24

23 Radio operations Current radio use. Use of language ie, clear language; finding minor faults; clear effective communication that has speed, accuracy, brevity. Phonetic alphabet. Communications skills Communications skills: for vehicle immobilisers. basic writing communication skills ie completion of relevant reports/forms, reporting procedures; reporting and recording incidents of work-related violence. technical skills ie using telephones nad communication equipment. verbal and nonverbal communication ie questioning skills, participating in discussions, verbal presentation of information, use of body language. barriers to verbal communication in operational and non-operational situations. basic problem-solving skills ie problem-solving strategies, decision-making, dealing with conflict, operational activity using these skills; positive and constructive communication; importance of non-verbal communication in emotionally charged situations. Listening skills: to help in overcoming barriers to communication; listening in noisy situations (forms the basis of many communications using telephones and when writing reports). Proactive service delivery Proactive service delivery: for wheel clamp operatives appropriate initial responses. importance of initial response. managing customer expectations. common situations where there is a risk of escalation into violence eg aggressive customers who have had their vehicle clamped. importance of use of positive and constructive communication to avoid conflict. the attitude/behaviour cycle; how to prevent escalation of conflict eg use of techniques for calming aggression including suitable tone of voice and body language. Conflict management Conflict management: for wheel clamp operatives recognising, assessing and reducing risk. impact of reflecting and learning from experiences of conflict. use of exit routes and space eg when dealing with an angry person; employers, policies, guidance and procedures relating to workplace violence. potential risk of violence towards self and others. assessing level of threat posed in conflict situations. appropriate measures that can be taken to reduce or eliminate risk of violence; defusing and de-escalating conflict. working effectively with colleagues. Page 23 of 24

24 recognising escalation in risks. management of anger and aggression. difference between assertion and aggression. appropriate assertive behaviour for confronting unacceptable behaviour. sharing good practice. contributing to long-term solutions to recurring problems and issues. Conflict Situations Situations leading to conflict: wheel clamp operatives risks, during violence at work. most common conflict flash points. importance of managing aggression. recognising human responses to emotional and threatening situations. conditions and behaviours that trigger or inhibit an angry response in people. appropriate responses to situations involving potential conflict eg using a suitable tone of voice and body language. empathy and its uses. use of problem-solving techniques to lead to acceptable resolution of problems or issues. win-win approach. seeking help and using support services eg senior personnel, police. Page 24 of 24

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