Driving without NCT

gosling10

Hi

Could someone tell me if my son's car will be taken off him, or if he is commiting any offence by driving without up to date NCT.

He bought a car 2 weeks ago, the NCT is out since Jan. . He has booked a NCT test for a couple of weeks time and is unsure if he is allowed to drive it in the meantime. Insurance and tax are up to date. The insurance company have given him 30 days to submit the NCT details.

Thanks for your help.

He is commiting an offence.
It's highly unlikely that the car would be taken off him.

Tell him to keep the booking confirmation with him in the car in case he meets a checkpoint or is pulled over.

PrettyBoy

Once he has a letter showing the car is booked for a test he's grand.

johndaman66

PrettyBoy wrote: »

Once he has a letter showing the car is booked for a test he's grand.

Not into scaremongering but I don't think he would be covered by his insurance in the event of a fault accident on his part all the same though, hence the reason the insurance company has requested he produce his NCT cert. His insurance company is no doubt assuming he is NCT'd at the moment.

-Corkie-

johndaman66 wrote: »

Not into scaremongering but I don't think he would be covered by his insurance in the event of a fault accident on his part all the same though, hence the reason the insurance company has requested he produce his NCT cert. His insurance company is no doubt assuming he is NCT'd at the moment.

Depends on the insurance company. I know quinn wont cover you.

PrettyBoy

SARASON wrote: »

Depends on the insurance company. I know quinn wont cover you.

Heard somewhere that most companies will cover you regardless of NCT, not sure about Quinn but since when do they pay out?

sdanseo

If the insurance company have given him time to submit the details then it's possible it is covered - like a cover letter, they're giving him soome leeway.

CHECK though. Not a huge hardship to ring the insurer, surely?

Tubbs4

If you ring th NCT center they will usually give you a closer date. Friend got a letter last Monday stating that she have to wait 6 weeks, she rang up and passed it yesterday.
Give the NCT center a ring before the insurance company and you might get lucky.

-Corkie-

PrettyBoy wrote: »

Heard somewhere that most companies will cover you regardless of NCT, not sure about Quinn but since when do they pay out?

I wouldnt trust any of them. btw even if the car is nctd and quinns accesor decides the vehicle is not roadworhy (bald tyres etc) they still wont pay out.:)

PrettyBoy

Tubbs4 wrote: »

If you ring th NCT center they will usually give you a closer date. Friend got a letter last Monday stating that she have to wait 6 weeks, she rang up and passed it yesterday.
Give the NCT center a ring before the insurance company and you might get lucky.

Should have told her to wait the 6 weeks and she would have got the test done for free :pac:

corktina

i don't recall ever sending an NCT in to my Insurance Company.

Its technically an offence not to have an NCT, but if you have the booking letter with you a Gard PROBABLY would overlook it.

As for Insurance, it is probably in the small print that you have to have an NCT (and tax) or your cover will be void.

johndaman66

PrettyBoy wrote: »

not sure about Quinn but since when do they pay out?

Haha, sounds about right to me!

-Corkie-

corktina wrote: »

i don't recall ever sending an NCT in to my Insurance Company.

Its technically an offence not to have an NCT, but if you have the booking letter with you a Gard PROBABLY would overlook it.

As for Insurance, it is probably in the small print that you have to have an NCT (and tax) or your cover will be void.

They dont ask for it except you have a smack and you caused it....

johndaman66

SARASON wrote: »

They dont ask for it except you have a smack and you caused it....

I was asked for it when I was applying for insurance SARSON. It was with AXA through a broker. Oddly though they never asked for NCT cert of new vehicle when I changed car which doesn't make a whole lot of sense to me either.

gosling10

Hi

Thanks for all your replies. The insurance company are aware that it is awaiting NCT. He was told he had 30 days grace (Aviva).

CiniO

gosling10 wrote: »

Hi

Could someone tell me if my son's car will be taken off him, or if he is commiting any offence by driving without up to date NCT.

I don't think his car can be seized, but he'd definitely comitting an offence.
Everyone on this forum claims, that Gardai wouldn't make any problem if you have a confirmation of booking. But it's completely up to their good will.

If you buy car from someone without NCT, and want to be 100% obeying the law, you need to book an NCT appointment, not drive your car at all during this time (usually it takes few weeks to get appointment), and finally on test date, bring a car to the test centre on a towing truck.

As you can see law is bit radicalous, so it's understandable why everybody breaks it, and why gardai are not enforcing it.

But that should be changed, so everbody could go by the law, without counting on good will of the garda officers.

Hooch

gosling10 wrote: »

Hi

Could someone tell me if my son's car will be taken off him, or if he is commiting any offence by driving without up to date NCT.

He bought a car 2 weeks ago, the NCT is out since Jan. . He has booked a NCT test for a couple of weeks time and is unsure if he is allowed to drive it in the meantime. Insurance and tax are up to date. The insurance company have given him 30 days to submit the NCT details.

Thanks for your help.

Yes it can be seized, fined and get 5 points.

However if you have your booking form with you, then you should be ok if stopped.....however a Garda can still seize and prosecute you.

CiniO wrote: »

I don't think his car can be seized, but he'd definitely comitting an offence.

If you buy car from someone without NCT, and want to be 100% obeying the law, you need to book an NCT appointment, not drive your car at all during this time (usually it takes few weeks to get appointment), and finally on test date, bring a car to the test centre on a towing truck.

As above......yes it can be seized.

Your second part is not correct.

If you buy your car not NCT'd....then you must tow it home and not use it. However, you are exempt from NCT while travelling to/from the NCT centre for an appointed test (pass or fail). You must of course have proof of the test taking place.

boudy

i had an accident and my insurance (quinn) covered it even though i had no nct, they never even asked about it!

CosmicJay

I only bought my car about 3 weeks ago and the NCT has been out of date since Jan.

Booked it in for August, Got the letter whacked it in the glove box. Ive gone through about 3 checkpoints in the last 2 weeks and every time they have checked that my tax and insurance was up to scratch, made sure everyone was buckled in and not cared about the NCT. Never once been asked for the letter either.

According to the Gardai in lucan Garda station once you have the NCT booked and the letter present with you it is not an offence to drive.

Quinn cover you with or without NCT, I stressed this point with the sales manager.

corktina

the other point to be made is that you need to be sure the car is roadworthy...any number of booking confirmations wont save you if it isnt.

Henry Ford III

CosmicJay wrote: »

According to the Gardai in lucan Garda station once you have the NCT booked and the letter present with you it is not an offence to drive......

Based on what Nice Guy Always said above this seems to be incorrect.

mayfire

CosmicJay wrote: »

According to the Gardai in lucan Garda station once you have the NCT booked and the letter present with you it is not an offence to drive.

Not true.
This is the rule

It is up to the owner of a vehicle to ensure that their car has a valid NCT. Drivers without an NCT certificate face a €1,500 fine, but, and from May 2009 drivers will be issued with five penalty points when convicted of driving faulty vehicles, driving vehicles without a certificate of road worthiness and for failing to have an up-to-date NCT certificate.

anything else is at the discretion of the Gardai.

CosmicJay

Henry Ford III wrote: »

Based on what Nice Guy Always said above this seems to be incorrect.

mayfire wrote: »

Not true.
This is the rule


anything else is at the discretion of the Gardai.

Apologies Im only going on what I have been told. Maybe it just shows their laxidasy attitude towards NCT with the current backlog. My wait is 3 months and thats a long wait to not drive my car because the company cant process cars fast enough.

CiniO

nice guy always wrote: »

If you buy your car not NCT'd....then you must tow it home and not use it.

If you want to take it home - yes.
But nothing obliges you to take home car which you just bought. You can easily leave it at sellers place if he agrees.

However, you are exempt from NCT while travelling to/from the NCT centre for an appointed test (pass or fail). You must of course have proof of the test taking place.

Any official source of that information? (some regulations, faq on official websites, etc.)
Never heard about anything like this.

Hooch

CiniO wrote: »

Any official source of that information? (some regulations, faq on official websites, etc.)
Never heard about anything like this.

ROAD TRAFFIC (NATIONAL CAR TEST) REGULATIONS, 1999


Section 3. (1) Subject to sub-article (2) and to article 4, section 18 of the Principal Act and these Regulations shall apply to vehicles having at least four wheels, which are designed and constructed primarily for the carriage of passengers and which have a maximum of 8 seats excluding the driver's seat and a maximum design gross vehicle weight of 3,500 kilograms.


(2) Sub-article (1) shall not apply to a vehicle—


(a) which is an historic vehicle,


(b) which is solely used on an off-shore island,


(c) which is being driven to a test centre, for the purposes of having a test, or a re-test, carried out, for which an appointment had been made prior to the time of such driving,


(d) on the day on which a test certificate in respect of the said vehicle had been refused,

See here - http://www.irishstatutebook.ie/1999/en/si/0395.html


Happy now??

CiniO

nice guy always wrote: »

See here - http://www.irishstatutebook.ie/1999/en/si/0395.html


Happy now??

Certainly.
At least now it's clear you were right.
It's legal to drive a car to the test centre for the booked test.

Even more. If the car will fail test, it's legal to drive anywhere you want on that day. Handy enough to find garage to prepare car for retest.

I'm sure it's wise to have this regulations printed in your car, in case of some Garda who would want to give someone penalty for driving without test in such circumstances. I'm sure many Gardai don't know these regulations.

Hooch

CiniO wrote: »

I'm sure it's wise to have this regulations printed in your car, in case of some Garda who would want to give someone penalty for driving without test in such circumstances. I'm sure many Gardai don't know these regulations.

Im quiet sure that the Gardaí who will prosecute for this will know this legislation. For some reason Gardaí dont bluff with legislation. You either know it or dont....if you dont you normally stay away from prosecuting someone until you do find out.

Also its not quite as easy as to just say a Garda will give you points. For NCT and the penalty of 5 points it must be a summons to court where you could prove that you had a test that day and the summons would be struck out.

-Corkie-

CiniO wrote: »

Certainly.
At least now it's clear you were right.
It's legal to drive a car to the test centre for the booked test.

Even more. If the car will fail test, it's legal to drive anywhere you want on that day. Handy enough to find garage to prepare car for retest.

I'm sure it's wise to have this regulations printed in your car, in case of some Garda who would want to give someone penalty for driving without test in such circumstances. I'm sure many Gardai don't know these regulations.

He is always right!!!!!. Should have called him nice guy always right!!! :P

Im not sure on having the regulations printed in your car bit..... I can just imagine the garda at a checkpoint, Whats all that paper stuck all over your roof lining and you dash. You reply `Thats the irish statue book guard printed on my dash`

:pac: :pac: :pac:

Bumpstop

you are covered by your insurance, I have never had an nct, been stopped many times no problems. ( my personal experience)
The nct is a rip off. ( okay thats a personal opinion to which I guess many disagree)
The points are not automatic you have to be brought to court.
They cannot seize your car.
If an insurance company takes your money and offers you a written policy it is not that easy for them to back out of it, never mind the hearsay, they have entered into a contract with you.
An insurance company tried to back out of a claim I had. They folded and paid over very quickly once they guessed I knew my rights.
The Nct test centre has no right to seize, or stop you or your car from leaving the test centre. They may however inform the relavent authorities, who I am sure will knock over their donuts and coffee, to go out and apprehend you, anything rather than tackle real threats to society.
Hey I can't walk down my street after dark. But dare I go out without an NCT ??? Easy targets.

My humble experience and contribution.

sdanseo

Bumpstop wrote: »

you are covered by your insurance, I have never had an nct, been stopped many times no problems. ( my personal experience)
The nct is a rip off. ( okay thats a personal opinion to which I guess many disagree)
The points are not automatic you have to be brought to court.
They cannot seize your car.
If an insurance company takes your money and offers you a written policy it is not that easy for them to back out of it, never mind the hearsay, they have entered into a contract with you.
An insurance company tried to back out of a claim I had. They folded and paid over very quickly once they guessed I knew my rights.
The Nct test centre has no right to seize, or stop you or your car from leaving the test centre. They may however inform the relavent authorities, who I am sure will knock over their donuts and coffee, to go out and apprehend you, anything rather than tackle real threats to society.
Hey I can't walk down my street after dark. But dare I go out without an NCT ??? Easy targets.

My humble experience and contribution.

Humble experience and hot air more like.

Isn't there a requirement to have a brain when joining boards?

MagicSean

Bumpstop wrote: »

you are covered by your insurance, I have never had an nct, been stopped many times no problems. ( my personal experience)
The nct is a rip off. ( okay thats a personal opinion to which I guess many disagree)
The points are not automatic you have to be brought to court.
They cannot seize your car.
If an insurance company takes your money and offers you a written policy it is not that easy for them to back out of it, never mind the hearsay, they have entered into a contract with you.
An insurance company tried to back out of a claim I had. They folded and paid over very quickly once they guessed I knew my rights.
The Nct test centre has no right to seize, or stop you or your car from leaving the test centre. They may however inform the relavent authorities, who I am sure will knock over their donuts and coffee, to go out and apprehend you, anything rather than tackle real threats to society.
Hey I can't walk down my street after dark. But dare I go out without an NCT ??? Easy targets.

My humble experience and contribution.

Your car can be seized for no NCT. Section 41 of the Road Traffic Acts was ammended to allow the seizure of a vehicle without an NCT or european equivalent.

You talk about the threats to society. Have you ever been to a fatal road traffic accident? Would you like to compare the amounts of deaths and injuries on the roads to the amount caused by crime?

Maybe you should think about things before you post. How do you know there is no clause in an insurance companies contract about NCT. There are loads of companies. I was refused a quote on a non-NCT car for that reason. You might be ok on your policy but it doesn't mean everyone else is.

As for the gardaí. THey will most likely let it go if the nct is a few months out but they are getting more strict as people have had plenty of time to get it in order. The excuse of not being able to get a test in time is just bad planning. If your learners permit expired and you were caught do you think that they should accept the excuse that you couldn't get a driving test in time?

Anan1

sdonn wrote: »

Humble experience and hot air more like.

Isn't there a requirement to have a brain when joining boards?

You have a good point - make it without the personal abuse.