Used

Zambia

Are you using a Vehicle on a highway if you are just parked on the highway?

Example

Mr A owns a Ford Focus Reg 99 D 12345

He leaves 99 D 12345 on the public road outside his address. Its there from 1/1/12 till now.

On the 3/3/12 its tax expires he does not renew it or drive the car.

On the 5/5/12 a passing Garda sees the vehicle with expired tax what law if any has Mr A broken on the 5/5/12?

Victor

Parking is generally considered part of use and is specified in the Road Traffic Acts.

I'm not certain, but I think that Motor Tax is actually implemented by the Finance Acts.

Some of the links here: http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/motor_tax_and_insurance/motor_tax_rates.html might be useful.

MagicSean

Basically, if the owner can be traced and there is nothing wrong with the car it is in use and the Gardaí can deal with it. If the vehicle is abandoned and not registered to a current owner then it is abandoned and the council deal with it as litter.

aujopimur

I've no idea of the relevent law, but in laymans terms if it's in a public place, parked or otherwise, it must be taxed.

rameire

if said car was parked on a trailer on a roadway with the tax out of date, this scenario would be ok, and no motor tax issues would arrise.

Zambia

MagicSean wrote: »

Basically, if the owner can be traced and there is nothing wrong with the car it is in use and the Gardaí can deal with it

So what offence has been committed ? Is mr a guilty?

angeline

It is an offence to be parked in a public place with no tax. There is an offence for No Tax (Use) and No Tax (Park).

MagicSean

Zambia wrote: »

So what offence has been committed ? Is mr a guilty?

Non display of valid tax disk

coylemj

Zambia wrote: »

On the 5/5/12 a passing Garda sees the vehicle with expired tax what law if any has Mr A broken on the 5/5/12?

Not displaying a current tax disc is an offence under the Finance Act 1976. The official name for the disc is a vehicle licence, they were introduced by the Roads Act 1920, that's the act referred to below as 'the Act of 1920'.

73.—(1) Where a vehicle to which this Part applies is used, parked or otherwise kept at any time in a public place, if while the vehicle is being so used, parked or kept there is not fixed to and exhibited on the vehicle in accordance with section 5 (5) of the Act of 1920 a licence which is both issued in respect of the vehicle and is for the time being in force, then the person by whom the vehicle is so used, parked or kept at the time shall be guilty of an offence, and in addition to the person aforesaid, the person (if he is not the person aforesaid) who on the day on which the offence is committed is in relation to the vehicle the relevant person shall also be guilty of an offence.

http://www.irishstatutebook.ie/1976/en/act/pub/0016/sec0073.html#sec73

Milk & Honey

rameire wrote: »

if said car was parked on a trailer on a roadway with the tax out of date, this scenario would be ok, and no motor tax issues would arrise.

Wrong? It is being kept in a public place. It does not matter that it is not directly touching the road.

Victor

Milk & Honey wrote: »

Wrong? It is being kept in a public place. It does not matter that it is not directly touching the road.

If it were on a trailer only, yes, I would think there would be a problem, but if it was on a trailer being towed by another vehicle, surely that other vehicle's insurance would apply.

aujopimur

I think to ticket an untaxed car which is on a trailer would be unlikely, I've been stopped a few tlmes over the years with all sorts of yokes on trailers, I've never had a problem,
If that was the case there'd be a lot of hauliers and vehicle transport cos. in trouble every day.

Ken.

aujopimur wrote: »

I think to ticket an untaxed car which is on a trailer would be unlikely, I've been stopped a few tlmes over the years with all sorts of yokes on trailers, I've never had a problem,
If that was the case there'd be a lot of hauliers and vehicle transport cos. in trouble every day.

In the examples you give the trailer is attached to an (i assume) properly taxed and insured vehicle. A trailer left at the side of the road with an untaxed car on it is not the same thing.

Zambia

coylemj wrote: »

Not displaying a current tax disc is an offence under the Finance Act 1976. The official name for the disc is a vehicle licence, they were introduced by the Roads Act 1920, that's the act referred to below as 'the Act of 1920'.

73.—(1) Where a vehicle to which this Part applies is used, parked or otherwise kept at any time in a public place, if while the vehicle is being so used, parked or kept there is not fixed to and exhibited on the vehicle in accordance with section 5 (5) of the Act of 1920 a licence which is both issued in respect of the vehicle and is for the time being in force, then the person by whom the vehicle is so used, parked or kept at the time shall be guilty of an offence, and in addition to the person aforesaid, the person (if he is not the person aforesaid) who on the day on which the offence is committed is in relation to the vehicle the relevant person shall also be guilty of an offence.



http://www.irishstatutebook.ie/1976/en/act/pub/0016/sec0073.html#sec73

The fact that Used and Parked are distinctly refered to answers the question. Use would not be considered parked.

However I would argue that the piece of road is in use regardless the car is moving or not.