Magistrate Dismisses Motorbike Clamping Case
In Magistrates Court this morning [May 5], a 41 year old man pleaded guilty to damaging a cycle clamp but had his guilty plea rejected and the case brought against him dismissed.
Tracy Lema pleaded guilty to unlawfully damaging a cycle clamp, valued at $80 and the property of the Bermuda Hospitals Board [BHB].
Mr Lema had damaged the clamp after he had removed the front wheel and cut the clamp off the front wheel of his cycle on the morning of 11th April 2014. This happened after Security personnel working for the BHB had clamped Mr Lema’s cycle because the cycle was deemed to be parked not in accordance with the BHB’s rules. BHB later placed a second clamp on the rear wheel of the same cycle.
On returning to find his rear wheel clamped, Mr Lema dragged the bike off BHB property and was stopped by Police on Berry Hill Road. the second clamp was still in place.
However, having heard the facts as read out by the Prosecutor, Senior Magistrate Archie Warner asked, what exactly had Mr Lema done that was unlawful? The Magistrate said:“What authority did the BHB have to trespass on Mr Lema’s property, place a clamp on it, and thus deprive him of the use of his cycle?”
Shortly after, while pressing the Crown to adduce more evidence of an unlawful act on the part of Mr Lema, the Senior Magistrate further stated: “Bodies can only do what they are authorized to do by laws.” The Magistrate commented that Mr Lema had every right to knock off a clamp or other device that had been unlawfully placed on his property.
The Crown offered that the BHB had a prominently displayed notice that indicated that under certain conditions, the BHB would clamp vehicles. Further, that the BHB had placed a written notice on Mr Lema’s cycle and that this constituted the BHB and Crown argument for the BHB’s right to apply clamps to parked vehicles.
In deciding and ruling on the case before him, the Senior Magistrate said to the Court: “Don’t go around interfering with people’s property without lawful authority.”
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Articles that link to this one:
- Corporation: We Can Legally Clamp Vehicles | Bernews.com | May 6, 2014
- Corporation Of Hamilton Warns Parking Violators | Bernews.com | May 12, 2014
- City Seeks Ruling On Legality Of Car Clamping | Bernews.com | June 30, 2014
So now we can park our vehicles anywhere, anytime & have no worries about them being clamped. Is that the way is is?
The BHB, the COH, any business, even an individual with vehicles with no authorisation being on their property, may not clamp them, or, worse, have them towed?
Is that the way it is Mr Warner? How about if I park in your designated spot at work? Will you have men clamped & towed?
I bet you were the kid who reminded the teacher that we had homework.
No way. Not me, but people who think that they are entitled & exempt from basic rules & consequences irritate me.
You are not one of those who uses a handicapped parking space because it is empty or don’t use a parking bay at all because you are too lazy to take the extra few steps to go use the ATM are you?
No I’m not and it irritates me as well but that’s not the only reason they clamp you. I’m also not one of those people who think a logical way to stop that is by clamping the car and thus leaving it there even longer. I guess you missed the part were they said it’s illegal to clamp vehicles right? Or maybe two wrongs make a right to you. However most people just take the whole wheel off now and tell them to kick rocks. Problem solved.
Hey Triangle Drifter, why are you hitting out at Mr. Warner? He is just stating the Law. If you have a problem with the Law., go to your parlianentarian!
Well now, lets hope that this law is fixed real soon. Bermudians feel that they are entitled to park anywhere they please, especially if driving an expensive car.
Try that anywhere else & you will be clamped, towed & fined. Oh, & yes there is a fee for each step that you are liable for.
The result is that anywhere else people respect signage about parking.
It is an awful shame when you have to have a law to cover every little thing.
Now that gives a new meaning too ….
‘Don’t clamp my style’.
but its ‘Dont CRAMP my style’ not clamp.
Oh good grief!!
COH owes me a 100 dollars buh!
You guys don’t know the law.
Keep drifting tryhangle…..
So you are saying that it is OK to leave your vehicle obstructing somebodys use of their property or business? No consequences? Yes or no.
Drifty, I think the primary issue here is that there is presently NO law that supports the clamping of vehicles. For example, traffic wardens issue parking tickets and Police officers confiscate/impound vehicles because they have an authority under the law. Take a look at Bermuda Laws and see if you can find anything regarding clamping and let us know if you find anything.
I believe all the other stuff you’ve mentioned is irrelevant to the point the Magistrate was trying to make.
Properties that when authorized to do so ,as appears NOT to be the case here, aren’t my bone of contention.
What , in my opinion , is pushing the boundaries are when someone gets ticketed AND clamped.
Either one in its own right is the punishment , you can’t get two bites out of the same cherry.
Ticket OR clamp , one or the other , not both .
It’s kind of like getting caught for DUI and getting the suspension plus the demerit points.
Anywhere else demerit points lead up to the suspension . How can you be suspended , which is the punishment ,and then get demerit point after the fact ?
Warner does it again. Sounds like someone clamped him and he didn’t like it. Corp. of Hamilton Ordinances are law within the City boundaries, but we can’t expect a judge who some might say is not a Bermudian to know this..
ordinances are not law..
um yes they are!!
I gotta ask, where did you get COH? The story says BHB and the hospital is located in Paget…
Nvm, I see Warner used the COH clampings as an example
This is going to cause havoc throughout the land….
Question for Magistrate Warner. Explain to the citizens of Bermuda why it is illegal to clamp Sir. You have made a statement that has caused uproars and turmoil amongst the people however you have offered no explanation.
1. Why is it illegal to clamp? ( private vs comercial vs public
property)
In my opinion you have created chaos now we want an explanation.
Read what he was quoted as saying.
Simple.
The law. Look it up.
These are troubling times in the kingdom
Oh shut up Shelly.
Were gonna clamp you and hold you at Bay.
Now go rake some sea weed………
The COH is a Municipality and therefore has teh right to enforce clamping under there statue…no refunds
Warner went by the Law…Case Closed!
not the first time a magistrate may have got it wrong – the simple fact is that the BHB land is private property just like the COH carparks are private proerty – if you park on them without paying the agreed amount or otherwise in breach of their terms and they have a notice saying they will lock your bike until you pay a penalty fee there is nothing wrong with that – if you choose to trespass on private property then you pay the consequenses – the magistrate seems to ignore the fact that its Mr Lema who was the tresppasser
“Just Wondering”, I just wonder if you and other are READING the Charges? Unlawfully damaging a cycle clamp, which in this case was Unlawfully used under the Laws of Bermuda! Case closed! I don’t see the word “Trespassing.” Now there is a charge that could had been used! Once again don’t blame Mr. Warner, maybe the Crown, yes!
You have it wrong! Whether private or public property, without lawful authority (ie. mandated by statute) you cannot clamp someone’s vehicle and demand money for it to be released. If someone parks in your yard without permission and you prevent them from retrieving their vehicle (whether by clamping, guard dog, locking a fence around your yard so the vehicle cannot be removed) and then demanding money for return of the vehicle – that is illegal. It’s also referred to as extortion!
I’ve said for years, that all these businesses clamping ad nauseum or threatening to clamp are in the wrong. So glad someone challenged this practise and the Courts correctly confirmed that this practise is illegal. All the complainers about the Court’s decision, get over it!
Hey qualified lawyer maybe you could dust off the municipalities act 1923 and the road traffic act 1947 and throw in some case law and a privy council case or two and then eat crow.
you are missing the point the cycle is the private property of Mr. Lema not to be tampered with by anyone. Without the proper authority to do so..
So, you are another one who believes that you can leave your vehicle anywhere, at any time, & it is not to be touched.
What you gonna do when a neighbour has a party & tells the guests to park all over your yard?
So Archie has done it again. If we pursue this further then I suppose that it is OK to park your ? anywhere you like with impunity. The only recourse is to continuously call the police and lodge trespass complaints. Since the honourable member feels that the BHB has transgressed, then may I ask what redress or course of action he recommends to address this flagrant disregard for others rights. This not only affects the BHB but every private citizen. It now a free for all and gives any Joe the right to make himself a pain in the proverbial, with no consideration or respect for anyone else. I hope he is going to close this Pandora’s box he has opened he has opened.
Again do you all study the Law, which , Mr. Warner is stating? If so go to your Parliamentarian and try to get it changed!
You have it wrong! Whether private or public property, without lawful authority (ie. mandated by statute) you cannot clamp someone’s vehicle and demand money for it to be released. If someone parks in your yard without permission and you prevent them from retrieving their vehicle (whether by clamping, guard dog, locking a fence around your yard so the vehicle cannot be removed) and then demanding money for return of the vehicle – that is illegal. It’s also referred to as extortion!
I’ve said for years, that all these businesses clamping ad nauseum or threatening to clamp are in the wrong. So glad someone challenged this practise and the Courts correctly confirmed that this practise is illegal. All the complainers about the Court’s decision, get over it!
Someone parked a car in my driveway. I left them a note to please remove the car…windy that night…BIG branch broke off…such a shame…what a mess…may be next time they’ll pay attention to the note…
ask anyone wo has work at de hospital site
one time they ran out of clamps got a chain and chained over 7 bikes
then sayin we need 75 bucks now or u dont have ur bike
and by de way de bikes was park in a grass patch in no ones way
ask bhb weres de 750k of useless material they order
nasty people up top ╚Ä◄
My spouse is a Doctor. She rushes to the Hospital for emergency, be damn if they didn’t clamp her. She even has Dr. plates starting with 110..
Damn Hospital’s is a joke ……
So what he is saying is that clamping is not legal by law?????
great job Mr. Warner its about time.
I wonder if what they are doing in the city of Hamilton is legal. I know all you Dudley Do Right’s who are afraid to question authority will say yes.
Well he could have played tit for tat all day and just kept removing parts they clamped and putting them back on until they ran out of clamps lol… A serious joke don’t clamp ppls belongings plain and simple…
How many people actually saved their receipts f or having clamps released. I had to pay $150 to have a clamp released at KEMH. I do not know where the receipt is. I will know in the future, though.
However, we need to know, is it legal or not to clamp?
If anyone in C of H puts a clamp on my car,I WILL cut it off!
if you come onto my property and i have a sign up that says under what terms you come onto my property and i say that if you violate those terms then you will be (for example) clamped and it will cost you (say) 100 dollars to have the clamp released – in those circumstances of you come onto my property you accept the terms – you cant complain afterwards if you dont like then or didnt adhere to them its that simple
We have one hospital on the island, and if people are going to be allowed to park anywhere, without consequence what happens when their illegal parking hampers the saving of an individuals life what do we say then. The “Road Traffic Act” clearly states that you cannot park on or stop on a double yellow line at anytime so what happens now when an individual decides to do this knowing that there is no punishment at KEMH? Ambulances or Doctors cannot respond, life is lost? What do we say then when it is a member of your family?
Looks like you could save yourselves some money by cutting the clamps off.
The fine is $100-150 and the clamp is only $80!
That’s a savings of $20-70!
Or, you know… you could not park illegally.
I save myself thousands of dollars every year by doing that.
Private property businesses should pay government a fee to have the clamping legal on their property especially when there are signs to say the rules and that this could happen cause if not is opening the Pandora’s box.