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Motor tax when car in not used.

  • 09-03-2011 3:24pm
    #1
    CiniO
    Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭


    The rule seems to be clear - if you are not using the car, then it doesn't need to be taxed.

    But what about parking a car on public road? If a car is parked on public road is it (according to law) treated as it was used?

    The law only requires vehicles to be taxed when used on public roads.

    Quote:
    1.—(1) On and after the 1st day of January, 1953, there shall, subject to the provisions of this Act, be charged, levied and paid in respect of mechanically propelled vehicles used on public roads duties of excise at the rates specified in the Schedule to this Act.
    http://www.irishstatutebook.ie/1952/...024/print.html

    The whole thing now is about what exactly "to use a vehicle" mean.
    Is it defined anywhere?

    To make it more funny, when signing declaration of no use on motor tax renewal form rf100a, you are signing under the following:
    Quote:
    I declare that the vehicle has not been used by me or with my consent in a public place
    in the period
    Is "public place" the same as "public road" specified in the act?


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    No. A public place is any place to which vehicles have access by right or by permission. A public road is a road owned and maintained by the local authority afaik. For example, an entrance road to a hotel or golf course could be considered a public place but not a public road. Similarly, a privately owned pay and display car park would be a public place but not a public road.

    The reason you need to tax a car parked on a public road is that it is using the space it occupies.


  • #3
    CiniO
    Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    k_mac wrote: »
    No. A public place is any place to which vehicles have access by right or by permission. A public road is a road owned and maintained by the local authority afaik. For example, an entrance road to a hotel or golf course could be considered a public place but not a public road. Similarly, a privately owned pay and display car park would be a public place but not a public road.

    OK. I understand this.
    But if so, why then while by law tax is only required for vehicles used on public roads, they ask you to declare that vehicle was not used on public place.
    What if someone was using vehicle only in public places, and didn't use it on public roads for few months.
    Buy law, he is not liable to tax a vehicle, but if he wants to tax it afterwards, and not pay arrears for that period he needs to declare it wasn't used on public place, which he can't as it would be false declaration.

    I find it a bit dodgy.
    The reason you need to tax a car parked on a public road is that it is using the space it occupies.

    I fully understand the reason, because it is reasonable. But does really "to use a vehicle" applies as well to someone who owns a vehicle parked on public road?

    Logically thinking "using a vehicle" is when you are driving it. But obviously I might be wrong about that, that's why I asked on Legal forum. Maybe there's some definition of "using a vehicle" which I didn't find.


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