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A wheel clamp, also known as wheel boot, parking boot, or Denver boot, is a device that is designed to prevent motor vehicles from being moved. In its most common form, it consists of a clamp that surrounds a vehicle wheel, designed to prevent removal of both itself and the wheel. In the United States, the device became known as a "Denver boot" after the city of
Denver Denver ( ) is a List of municipalities in Colorado#Consolidated city and county, consolidated city and county, the List of capitals in the United States, capital and List of municipalities in Colorado, most populous city of the U.S. state of ...
, Colorado, which was the first place in the country to employ them, mostly to force the payment of outstanding
parking ticket A parking violation is the act of parking a motor vehicle in a restricted place or in an unauthorized manner. It is against the law virtually everywhere to park a vehicle in the middle of a highway or road; parking on one or both sides of a roa ...
s. While primarily associated with law enforcement and parking violations, a variety of wheel clamps are now available to consumers as theft deterrent devices for personal use as an alternative to the steering-wheel lock.


Functions

Wheel clamps have five main functions: * To punish unauthorised or illegal parking, in lieu of towing the offending vehicle; in these cases, police or property owners who place the clamp may charge a high "release fee" to remove it * To enforce unpaid fines previously applied to the vehicle; a certain number of nonpayments or time elapsed from the issuance of the most recent fine results in clamping upon the next violation * To prevent driving by a suspended driver or moving of a disabled vehicle * To preclude escape of a prosecuted person * For security purposes, such as preventing a car, trailer, or
caravan Caravan or caravans may refer to: Transport and travel *Campervan, a type of vehicle also known as a motor caravan *Caravan (travellers), a group of travellers journeying together **Caravanserai, a place where a caravan could stop *Caravan (trail ...
from being driven or towed away by a thief *


History

As the automobile was introduced and became popular, cars also became a target for thieves and for a new concept that became known as joyriding. A variety of after-market security devices were introduced. An early invention were locking wheel clamps or
chocks Chock or Chocks may refer to: Devices for preventing movement * Wheel chock, tool to prevent accidental movement * Chock (climbing), anchor * Chock, component of a Block (sailing), sailing block Other uses * Chock (surname) * Chock (TV serie ...
that owners could shackle onto one of the car's road wheels as a hobble, making it impossible to roll the vehicle unless the entire wheel was removed. Between 1914 and 1925 there were at least 25 patents related to wheel locks that attached on the tire and spoke wheel. These devices were available in many sizes from a number of manufacturers (including several patented by Miller-Chapman), and became popular during the early 1920s. A version of the modern wheel clamp, originally known as the auto immobiliser, was invented in 1944 and patented in 1958 by Frank Marugg. Marugg was a pattern maker, a violinist with the
Denver Symphony Orchestra The Denver Symphony Orchestra, established in 1934 and dissolved in 1989, was a professional American orchestra in Denver, Colorado Until 1978, when the Boettcher Concert Hall was built to house the symphony orchestra, it performed in a successi ...
, and a friend of many Denver politicians and police department officials. The police department needed a solution to a growing parking enforcement problem. The city towed ticketed cars to the pound, where they were often vandalised. Those whose cars were damaged sued the city for losses and the police had to itemize everything in the cars. Dan Stills, head of the city's traffic division, thought an immobilizer would avoid the expensive towing problem and approached Marugg with an idea to improve on the device to keep the cars where they were parked. The Denver police first used the wheel boot on 5 January 1955 and collected over US$18,000 (US$ in dollars) in its first month of use. Although the wheel boot was first cast in steel, Marugg soon switched to a lighter aluminum-based alloy. Marugg later sold the device to parking lot owners, hotels and ski resorts, as well as a Jumbo version for farm equipment and larger vehicles. The
Smithsonian Institution The Smithsonian Institution ( ), or simply the Smithsonian, is a group of museums, Education center, education and Research institute, research centers, created by the Federal government of the United States, U.S. government "for the increase a ...
now has a copy of Marugg's boot on display in Washington, D.C. By 1970 Marugg had sold 2,000 boots. Although the patent ran out in 1976 and modern car and truck wheels necessitated a redesign, Marugg's daughter kept up the business until 1986. Clancy Systems International later bought the rights to the boot. The boot allowed Denver to maintain one of the largest collection rates for parking fines of any city in the US through its first fifty years. The Denver Sheriff ran the "Boot Trucks" for many years until the detail was transferred to Denver Parking Management. The best known wheel clamp in the UK is the 'London Wheel Clamp'. The designer, Trevor Whitehouse filed the patent in 1991. He originally called the device the 'Preston', after his home town in Lancashire. Primarily used on private land, its notoriety grew once it was introduced to public roads under the Road Traffic Regulations Act of 1991 (commonly known as the de-criminalising of the yellow lines act). The first areas in the country to be decriminalised were the 33 London Boroughs during 1993/94, hence the name change.


Controversy

Wheel-clamping is notoriously unpopular with unauthorised parkers. While a
traffic warden A parking enforcement officer (PEO),United State ...
or police officer has jurisdiction over public roads, in many countries, the law allows landowners to clamp vehicles parking on their property without permission. One British man became so annoyed at having his car clamped that he removed the clamp with an
angle grinder An angle grinder, also known as a side grinder or disc grinder, is a handheld power tool used for grinding (abrasive cutting) and polishing. History The high-speed angle grinder was invented in 1954 by German company Ackermann + Schmitt ( FLE ...
. He subsequently received publicity as a self-styled "
superhero A superhero or superheroine is a fictional character who typically possesses ''superpowers'' or abilities beyond those of ordinary people, is frequently costumed concealing their identity, and fits the role of the hero, typically using their ...
" called "Angle-Grinder Man", offering to remove clamps for free with his angle grinder. Other motorists have cut the clamps off with
bolt cutter A bolt cutter, sometimes called bolt cropper, is a tool used for cutting Screw, bolts, chains, padlocks, rebar and wire mesh. It typically has long handles and short blades, with compound hinges to maximize leverage and cutting force. A typical ...
s or even clamping their own cars beforehand so that property owners will be unable to clamp an already-clamped vehicle and may think that another owner has clamped it. However, the practice of removing clamps is usually only done for those that were installed by private parties; the removal of clamps installed by authorities (chiefly the police) is an offence. A New Zealand wheel clamper made national headlines in 2013 after he secretly recorded a police officer allegedly threatening to not help if an aggrieved member of the public attacked him. It was not the first time the clamper involved had been in the news. There was a 2017/18 illegal boot operation around Los Angeles where a scammer booted unsuspecting drivers and demanded a high release fee. People were instructed to call 911 and report the scam if they fell victim. It has since ceased, and the scammer was arrested.


Legal issues


United Kingdom

In
Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
, local authorities are permitted by statute to clamp, tow, or otherwise remove vehicles. Outside that statutory authority, clamping on private land was found to be unlawful in the case ''Black v Carmichael'' (1992) SCCR 709, which held that immobilising a vehicle constitutes
extortion Extortion is the practice of obtaining benefit (e.g., money or goods) through coercion. In most jurisdictions it is likely to constitute a criminal offence. Robbery is the simplest and most common form of extortion, although making unfounded ...
and theft. Writing in dismissal of parking contractor Alan Black's appeal to the
High Court of Justiciary The High Court of Justiciary () is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff C ...
, the Lord Justice General (Lord Hope) cited case law which said "every man has a right to dispute the demand of his creditor in a court of justice" and himself wrote "it is illegal for vehicles to be held to ransom in the manner described in these charges". In
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
, The
Protection of Freedoms Act 2012 The Protection of Freedoms Act 2012 is an Act of the Parliament of the United Kingdom. As the Protection of Freedoms Bill, it was introduced in February 2011, by the Home Secretary, Theresa May. The bill was sponsored by the Home Office. On Tuesd ...
criminalised certain wheel-clamping activity on private land without lawful authority from 1 October 2012. This prohibits clamping in many common locations such as supermarket car parks, but clamping is not entirely banned. For example, a
railway Rail transport (also known as train transport) is a means of transport using wheeled vehicles running in railway track, tracks, which usually consist of two parallel steel railway track, rails. Rail transport is one of the two primary means of ...
operator may clamp a vehicle under the provisions of Railway Byelaw 14(4). The act of clamping is still lawful by the
police The police are Law enforcement organization, a constituted body of Law enforcement officer, people empowered by a State (polity), state with the aim of Law enforcement, enforcing the law and protecting the Public order policing, public order ...
,
DVLA The Driver and Vehicle Licensing Agency (DVLA; ) is the organisation of the Government of the United Kingdom, British government responsible for maintaining a database of drivers in Great Britain and a Vehicle register, database of vehicles f ...
,
local authority Local government is a generic term for the lowest tiers of governance or public administration within a particular sovereign state. Local governments typically constitute a subdivision of a higher-level political or administrative unit, such a ...
, etc. but not by a private person or company acting on behalf of their own interests on either public or private property. For example, a person cannot lawfully be clamped on property such as a hospital site, private driveway, car park not operated by a local or government authority, etc. The only exception to this is if the clamping company are acting on behalf of a government agency e.g. contracted on behalf of the
DVLA The Driver and Vehicle Licensing Agency (DVLA; ) is the organisation of the Government of the United Kingdom, British government responsible for maintaining a database of drivers in Great Britain and a Vehicle register, database of vehicles f ...
. To allow landowners to deal with unauthorised vehicles the same statute allows land owners to hold the registered keeper of a vehicle liable for any charges relating to breach of contract under certain circumstances. Landowners who seek to enforce 'Parking Charge Notices' (contractual payment terms) establish the contract through the use of onsite signage detailing the 'conditions'.


Ireland

In the Republic of Ireland, clamping in public places is legal under a 1988 amendment to the Road Traffic Act 1961. Clamping in private car parks is widespread but not regulated by statute, and the legality of the practice is unclear. The breaches for which an "immobilisation device" may be fitted under the 1961 act are those specified in sections 35, 36, and 36A of the Road Traffic Act 1994 as amended (respectively "Regulations for general control of traffic and pedestrians", "Parking of vehicles in parking places on public roads", and "Bye-laws for restriction on parking – specified events"). Regulations under the 1994 act are made by statutory instrument by the minister responsible for transport (currently the
Minister for Transport, Tourism and Sport The Minister for Transport () is a senior minister in the Government of Ireland and leads the Department of Transport. He is also Minister for Climate, Environment and Energy. The current Minister for Transport is Darragh O'Brien Darrag ...
).
Local authorities Local government is a generic term for the lowest tiers of governance or public administration within a particular sovereign state. Local governments typically constitute a subdivision of a higher-level political or administrative unit, such a ...
have delegated the clamping activity to private companies. This contrasts with traffic wardens, who are employees of the authority. Existing statutory provisions are due to be replaced by the Vehicle Clamping Act 2015, passed as part of the Fine Gael–Labour coalition's 2011 programme for government.; The 2015 act regulates private as well as public clamping. It also seeks to improve and standardise the level of fines and the appeals process, which have been the focus of public dissatisfaction.


See also

* Barnacle (parking), a device adhered to a windshield of an illegally parked vehicle *
Bicycle lock A bicycle lock is a security device used to deter bicycle theft, either by simply locking one of the wheels or by fastening the bicycle to a fixed object, e.g., a bike rack. Locking devices vary in size and security, the most secure tending to ...
* Predatory towing


References


External links

* KRQE News 13 Online â€
"Boot Dispute Settled with Bolt Cutters"
* Reporting Vehicle Immobilisers – in case one was illegally clamped or given no receipt, one ca

to th
SIA
(Security Industry Authority). * SI
Conditions of License
for wheel-clampers acting on private land
KTTV: "Fox 11 Investigates: 'Getting the Boot
{{Traffic law American inventions Clamps (tool) Parking law es:Cepo