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Parking car with no tax

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  • 09-04-2012 2:06pm
    #1
    Phoenix3
    Registered Users Posts: 573 ✭✭✭


    Just wondering if there is anything illegal about parking a car outside ones house while tax and insurance are both expired?

    Thanks in advance


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    #2
    snubbleste
    Banned (with Prison Access) Posts: 31,117 ✭✭✭✭snubbleste


    Is it on a footpath, restricting and obstructing the navigation of vulnerable pedestrians?
    If it's a public road then you should have valid details on display.


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    #3
    Aint Eazy Being Cheezy
    Registered Users Posts: 4,630 ✭✭✭Aint Eazy Being Cheezy


    On your own driveway = legal
    On a public road = illegal


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    #4
    trigger78
    Registered Users Posts: 34 ✭trigger78


    jar_of_coins wrote: »
    On your own driveway = legal
    On a public road = illegal
    How can u get them moved


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    #5
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    trigger78 wrote: »
    How can u get them moved

    You can't unless its abandoned.


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    #6
    trigger78
    Registered Users Posts: 34 ✭trigger78


    MagicSean wrote: »
    trigger78 wrote: »
    How can u get them moved

    You can't unless its abandoned.
    I have a car outside my house smashed back window flat tyres has not moved in months . Think next door owns it but the Bulgarian or something and never see them. Nightmare


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    #7
    Marcusm
    Registered Users Posts: 10,227 ✭✭✭✭Marcusm


    Report tothe local authority that it has not moved in months. Roads are not storage units for non functioning cars.


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    #8
    Red Crow
    Closed Accounts Posts: 5,139 ✭✭✭Red Crow


    I'm not too sure I think the car has to have valid insurance and NCT for car parks, I'm not 100% on that though.

    If the car has been abandoned and has been there for longer than a few months you have to report it to the Gardai and I think you can take ownership of the vehicle if it is on your land.

    However this has happened twice and only once have I been given permission to remove the car because some kids smashed the windows and it became a huge hazard. The other vehicle has just been abandoned and I'm still waiting after two years to get permission, after constant letters to the Gardai and the council, to remove the car. They know who owns the car and have written to him but its a painfully slow process.


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    #9
    Markcheese
    Registered Users Posts: 8,433 ✭✭✭Markcheese


    If it's on the road, it needs valid tax insurance and NCT discs , if it hasn't the Gardai can have it removed..... Wether they want to tow it is another issue....
    Local tidy towns had the Gardai remove a couple of half abandoned wrecks from in front of my neighbours house ...

    Slava ukraini 🇺🇦



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    #10
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Markcheese wrote: »
    If it's on the road, it needs valid tax insurance and NCT discs , if it hasn't the Gardai can have it removed..... Wether they want to tow it is another issue....
    Local tidy towns had the Gardai remove a couple of half abandoned wrecks from in front of my neighbours house ...

    No they cannot. It has to be in use in a public place for it to be removed or be parked in a dangerous position.


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    #11
    d9oiu2wk07blr5
    Closed Accounts Posts: 364 ✭✭d9oiu2wk07blr5


    MagicSean wrote: »
    No they cannot. It has to be in use in a public place for it to be removed or be parked in a dangerous position.

    In the UK vehicles that are untaxed and uninsured are lifted and crushed.


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    #12
    mitosis
    Registered Users Posts: 2,000 ✭✭✭mitosis


    Remy Quaint Coat wrote: »
    In the UK vehicles that are untaxed and uninsured are lifted and crushed.

    My favourite ketchup is Heinz. Do you see?


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    #13
    d9oiu2wk07blr5
    Closed Accounts Posts: 364 ✭✭d9oiu2wk07blr5


    mitosis wrote: »
    My favourite ketchup is Heinz. Do you see?

    Impartial to Heinz organic myself :D.


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    #14
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Remy Quaint Coat wrote: »
    In the UK vehicles that are untaxed and uninsured are lifted and crushed.

    This is not the UK


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    #15
    d9oiu2wk07blr5
    Closed Accounts Posts: 364 ✭✭d9oiu2wk07blr5


    MagicSean wrote: »
    This is not the UK

    Unfortunately.


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    #16
    nanook
    Registered Users Posts: 1,888 ✭✭✭nanook


    If you have a chance remove the plates and notify council/guards.

    No plates = abandoned.

    It will get taken away, but only if the plates are missing.


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    #17
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    MagicSean wrote: »
    No they cannot. It has to be in use in a public place for it to be removed or be parked in a dangerous position.
    Sect 3 of the RTA:
    “use”, in relation to a vehicle, includes park, and cognate words shall be construed accordingly;

    If you use (including park) a car is a public place you need insurance (sect 56 RTA ammended) and it appears a car can be seized by a Garda for no insurance (Sect 41) (Remember "use" includes parking too)
    (b) the vehicle is or a member of the Garda Síochána reasonably believes it to be registered in the State and the member is of opinion that the vehicle is being so used in contravention of section 56 (1) of the Principal Act, or

    If you park a car in a public place you need Motor Tax. If the tax is out by more than 2 months the car can be detained by the Gardaí.


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    #18
    Turner
    Moderators, Society & Culture Moderators Posts: 3,932 Mod ✭✭✭✭Turner


    slimjimmc wrote: »
    Sect 3 of the RTA:


    If you use (including park) a car is a public place you need insurance (sect 56 RTA ammended) and it appears a car can be seized by a Garda for no insurance (Sect 41) (Remember "use" includes parking too)


    If you park a car in a public place you need Motor Tax. If the tax is out by more than 2 months the car can be detained by the Gardaí.

    Correct.

    The Gardai do not need a driver to seize a car.

    They might not want to though, as it will end up costing them and their Superintendent money in storage fees.


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    #19
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Invite your local traffic warden round to slap a few fines on it. It won't take long to get the attention of the owner.


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    #20
    Victor
    Registered Users Posts: 78,317 ✭✭✭✭Victor


    MagicSean wrote: »
    Markcheese wrote: »
    If it's on the road, it needs valid tax insurance and NCT discs , if it hasn't the Gardai can have it removed..... Wether they want to tow it is another issue....
    Local tidy towns had the Gardai remove a couple of half abandoned wrecks from in front of my neighbours house ...
    No they cannot.
    "No they cannot" what?.
    nanook wrote: »
    If you have a chance remove the plates and notify council/guards.
    This is criminal damage.

    Any derelict vehicle can be removed as litter by a council.

    http://environment.southdublin.ie/index.php?option=com_content&task=view&id=105&Itemid=182
    http://environment.southdublin.ie/index.php?option=com_content&task=view&id=73&Itemid=144


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    #21
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    slimjimmc wrote: »
    Sect 3 of the RTA:


    If you use (including park) a car is a public place you need insurance (sect 56 RTA ammended) and it appears a car can be seized by a Garda for no insurance (Sect 41) (Remember "use" includes parking too)


    If you park a car in a public place you need Motor Tax. If the tax is out by more than 2 months the car can be detained by the Gardaí.

    If it's abandoned it is not in use though is it.
    Turner wrote: »
    Correct.

    The Gardai do not need a driver to seize a car.

    They might not want to though, as it will end up costing them and their Superintendent money in storage fees.

    But they need an owner. They must inform someone that it has been seized.
    Victor wrote: »
    "No they cannot" what?.

    Lift an abandoned vehicle.


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    #22
    kildaremum
    Registered Users Posts: 212 ✭✭kildaremum


    My friends car was parked outside a house, on a public road within a housing estate. Car was insured and NCT'd but tax expired, Garda had it towed away. Cost 230 euro plus tax to get it back.


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    #23
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    MagicSean wrote: »
    If it's abandoned it is not in use though is it.



    But they need an owner. They must inform someone that it has been seized.



    Lift an abandoned vehicle.

    The other poster posted law to back up what he said, you are just making assertions with nothing to back them up.

    A vehicle in a public place is either in use then covered by the relevent legislation or it's abandoned then it's covered by http://www.irishstatutebook.ie/1983/en/si/0091.html

    5. (1) A vehicle which has been abandoned on a public road or in a car park may be removed by or on the authority of a road authority.

    The owner is the last person registered as owner of vehicle, they will be informed how to reclaim the car.

    In relation to lift an abandoned car I have quoted the legislation.


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    #24
    swimming in a sea
    Registered Users Posts: 937 ✭✭✭swimming in a sea


    there is a car parked on Friary Grove in Smithfield (rare free street parking) and has been there for at least 2 years, tax disk long since out of date. You think some copper would do there job and get it moved as there is no way they have not seen it as meet coppers all the time there as they park up to go to the CCJ.


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    #25
    Marcusm
    Registered Users Posts: 10,227 ✭✭✭✭Marcusm


    ResearchWill wrote: »
    The other poster posted law to back up what he said, you are just making assertions with nothing to back them up.

    A vehicle in a public place is either in use then covered by the relevent legislation or it's abandoned then it's covered by http://www.irishstatutebook.ie/1983/en/si/0091.html

    5. (1) A vehicle which has been abandoned on a public road or in a car park may be removed by or on the authority of a road authority.

    The owner is the last person registered as owner of vehicle, they will be informed how to reclaim the car.

    In relation to lift an abandoned car I have quoted the legislation.

    I assume that MagicSean is responding based on the perspective of a member of An Garda Siochana, i.e. if the car is obviously abandoned they will leave it to the local authority to deal with as litter whereas if the car is merely untaxed/uninsured, the guards may deal with it as there is some prospect of enforcing the law.

    In this particular instance, did the OP not mention that it was a foreign registered car? In such a case, it would be difficult to apply the untaxed/uninsured tests as there would not be any discs on the car.


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    #26
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Marcusm wrote: »
    I assume that MagicSean is responding based on the perspective of a member of An Garda Siochana, i.e. if the car is obviously abandoned they will leave it to the local authority to deal with as litter whereas if the car is merely untaxed/uninsured, the guards may deal with it as there is some prospect of enforcing the law.

    In this particular instance, did the OP not mention that it was a foreign registered car? In such a case, it would be difficult to apply the untaxed/uninsured tests as there would not be any discs on the car.

    If not Irish reg car then covered by revenue legislation, and can be lifted under that.

    My reading of what Magicsean was saying is that it was not possible to lift a vehicle when relevant RTA shown he then said abandoned not in use, so I showed the relevant legislation. If I misunderstood him i apoligise, in any case I believe it has been show in many circumstances a car can be lifted.


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    #27
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    ResearchWill wrote: »
    If not Irish reg car then covered by revenue legislation, and can be lifted under that.

    My reading of what Magicsean was saying is that it was not possible to lift a vehicle when relevant RTA shown he then said abandoned not in use, so I showed the relevant legislation. If I misunderstood him i apoligise, in any case I believe it has been show in many circumstances a car can be lifted.

    The legislation you quoted gives permission to a road authority to lift an abandoned vehicle. Even at that they are very slow to do it.


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    #28
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    MagicSean wrote: »
    The legislation you quoted gives permission to a road authority to lift an abandoned vehicle. Even at that they are very slow to do it.

    From what I see LA's are very slow to do most things. I am just pointing out they have to power if a vehicle is abandoned. If a vehicle is parked it is covered by RTA legislation. So in either case a power exists to lift the car, the actual removal depends on someone actually doing something. If nothing is happening the OP can report it to AGS or LA or Revenue or all 3.


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