Whats the legal stance on this?

Syllabus

Are cars with not tax or nct or visible insurance allowed to park on the road?

the neighbour is a weirdo and to try to pish me off he got his mate to park his banger outside our houses. the car has sat there for 2 months. has not moved and is an eyesore. now, talking to this man is out. i think he has mental issues, genuinely. can i ring the guards/council and either have the car removed or force him to park it in his own driveway? he has no car himself so there is no reason for it not to be in the driveway already.

with the car parked where it is my car blocks a portion of my driveway thus blocking the missus in.


any advice?

dearg lady

Syllabus wrote: »

Are cars with not tax or nct or visible insurance allowed to park on the road?

the neighbour is a weirdo and to try to pish me off he got his mate to park his banger outside our houses. the car has sat there for 2 months. has not moved and is an eyesore. now, talking to this man is out. i think he has mental issues, genuinely. can i ring the guards/council and either have the car removed or force him to park it in his own driveway? he has no car himself so there is no reason for it not to be in the driveway already.

with the car parked where it is my car blocks a portion of my driveway thus blocking the missus in.


any advice?

As far as I know once a car is on a public road it legally should be taxed, but trying to get it removed, well I dunno, that could be pretty tough!

challengemaster

If it has no tax for over 2 months or no NCT it can be impounded.

If you tell the gardaí there's a car with no tax/nct and possibly no insurance blocking your driveway, you might get somewhere..

kirving

Ring the Gards about no insurance or tax, and then the council.

antodeco

Also, with the kids being off soon for halloween, "they might steal the number plates", which if the Gardai are advised of this, will remove it fairly sharpish....

CiniO

challengemaster wrote: »

If it has no tax for over 2 months or no NCT it can be impounded.

If you tell the gardaí there's a car with no tax/nct and possibly no insurance blocking your driveway, you might get somewhere..

There is no requirement for car to be NCTed when parked.
You can leave car parked in public place without NCT fully legaly, provided it's taxed and insured.

wobbles

My friends car got broken into outside her house one night. She had the car registered to her parents address. When the car was reported to be broken into, the gaurds checked the address of the owner (which was her parents address) and removed the car (as they assumed it had been robbed and abandoned) to prevent anymore damage.

Im not saying you should break a window in the car or anything but if you were to report it as a stolen car outside your house they may remove it then.

Syllabus

challengemaster wrote: »

If it has no tax for over 2 months or no NCT it can be impounded.

If you tell the gardaí there's a car with no tax/nct and possibly no insurance blocking your driveway, you might get somewhere..

its not blocking my driveway as such. the kerb outside the house is only big enough to take 1.5 cars so when i park there half my car is blocking my driveway.


just to give a bit of history. when i bought my car a 7 weeks ago i still had my old one for about 3 weeks and seeing as how this fella has no car or very rarely any visitors i parked it where his mates one is now. so hes trying to show me thats HIS spot if you get me. Also a few months before when i was building my shed he knocked in at about 10.30 at night the day after the roof was put on telling me he wasnt happy with it!! then went on to tell me that the walls we had put up together bowed in onto his land by 2' and that he had a surveyor look at it turns out it was just a mate of his talking sh1te. i had a few choice words for him at that stage and we dont talk now

Syllabus

antodeco wrote: »

Also, with the kids being off soon for halloween, "they might steal the number plates", which if the Gardai are advised of this, will remove it fairly sharpish....

already been nicked. he put a piece of paper in the window with the reg on it and a note saying the guards were informed:rolleyes:

stoneill

antodeco wrote: »

Also, with the kids being off soon for halloween, "they might steal the number plates", which if the Gardai are advised of this, will remove it fairly sharpish....

Imagine if it accidentally burst into flames on halloween night.

Topper Harley

stoneill wrote: »

Imagine if it accidentally burst into flames on halloween night.

I can't imagine it accidentally bursting into flames but I can easily imagine someone doing it intentionally yet sneakily. :P
Not that I would condone that... I wouldn't want a burning wreck outside my house.

MugMugs

It's not illegal to have a car with no NCT or Insurance sitting on the road. They can however lift it for the tax. Call them.

CiniO

[QUOTE=MugMugs;81343973]It's not illegal to have a car with no NCT or Insurance sitting on the road. They can however lift it for the tax. Call them.[/QUOTE]


It is illegal to have a car sitting on the road without insurance.

MugMugs

CiniO wrote: »

It is illegal to have a car sitting on the road without insurance.

I'm almost certain you're wrong but I'm open to valid correction. My understanding was the term was it was illegal to operate a mechanically propelled vehicle on a public highway and that there was deliberation as a consequence of a large liability case over the terminology used within the statute.
Edit: http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0056.html#sec56

pippip

Syllabus wrote: »

already been nicked. he put a piece of paper in the window with the reg on it and a note saying the guards were informed:rolleyes:

If the plates are gone ( a paper in the window isn't a legal plate) just call the council and say the car is abandoned and they will tow it.

CiniO

MugMugs wrote: »

I'm almost certain you're wrong but I'm open to valid correction. My understanding was the term was it was illegal to operate a mechanically propelled vehicle on a public highway and that there was deliberation as a consequence of a large liability case over the terminology used within the statute.
Edit: http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0056.html#sec56

Sorry I'm not sure if I understand your post, but link you provided states this:

A person (in this subsection referred to as the user) shall not use in a public place a mechanically propelled vehicle unless either a vehicle insurer, a vehicle guarantor or an exempted person would be liable for injury caused by the negligent use of the vehicle by him at that time or there is in force at that time either—

(a) an approved policy of insurance

That pretty much means, that if vehicle is used in public place, then there must be an insurance.

We already agreed many times on this forum, that term "vehicle being used" inclued situation when vehicle is parked.

Supergurrier

MugMugs

CiniO wrote: »

That pretty much means, that if vehicle is used in public place, then there must be an insurance.

We already agreed many times on this forum, that term "vehicle being used" inclued situation when vehicle is parked.

Fortunately, our courts aren't reliant on Internet forums to translate their statutes.

If you'd read what I said, I recall use being defined under a case years ago by the courts where they stated the vehicle being parked on a road didn't require insurance.

I also said I could be wrong and was open to valid correction.

Can you show me where the courts have said that "use" of means it doesn't have to be in "use"?

CiniO

MugMugs wrote: »

Fortunately, our courts aren't reliant on Internet forums to translate their statutes.

If you'd read what I said, I recall use being defined under a case years ago by the courts where they stated the vehicle being parked on a road didn't require insurance.

I also said I could be wrong and was open to valid correction.

Can you show me where the courts have said that "use" of means it doesn't have to be in "use"?

I must admit I can't say anymore as I just don't know.

But...
If what you are saying here is true, and "use of vehicle" doesn't include situation when vehicle is parked, then parked vehicles not only don't need insurance but also don't need tax.
As requirement to have valid motortax is legislated the same way (from vehicles being used on public roads).

MugMugs

CiniO wrote: »

I must admit I can't say anymore as I just don't know.

But...
If what you are saying here is true, and "use of vehicle" doesn't include situation when vehicle is parked, then parked vehicles not only don't need insurance but also don't need tax.
As requirement to have valid motortax is legislated the same way (from vehicles being used on public roads).

I always thought Motor tax referred to a vehicle on a public road as apposed to in use on.

CiniO

MugMugs wrote: »

I always thought Motor tax referred to a vehicle on a public road as apposed to in use on.

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/en/act/pub/0024/sec0001.html#sec1

Mech1

Not really on topic but sometimes the law is an ass.
http://www.boards.ie/vbulletin/showthread.php?t=2056680129

kudos73

Ring the gardai, tell em its been parked there a while and your worried it maybe, abandoned, set on fire, being stored for a future crime... they'll call out and hopefully do something with it.

CiniO

Mech1 wrote: »

Not really on topic but sometimes the law is an ass.
http://www.boards.ie/vbulletin/showthread.php?t=2056680129

In mentioned case this probably wasn't in force yet.
I'm not sure if it is in force by now anyway, but it should be.
http://www.irishstatutebook.ie/2010/en/act/pub/0025/sec0072.html#sec72

Syllabus

ok, so the car is still there

has not moved since the first day it was put there

i've been on to the council about it and they say its registered to someone on the road and they've been in trouble in the past for lifting cars like this even though its long out of tax. they tell me to get on to the cops.

i've been on to them a few times now and still nothing


dont think im being unreasonable wanting this junker off the road.

Topper Harley

Break into it and drive it into his living room...

Like this...


not this... :P

belcampprisoner

it has to be taxed


http://www.thejournal.ie/motor-tax-reform-will-require-drivers-to-prove-cars-are-off-the-road-460585-May2012/

corktina

basicly, this is another "someone is parked in my space" thread. Yes the car shouldn't be on the road, but you have no rights to that space, presumably if it was taxed etc you would still object to it being there?

why don't you park your car out side the other guys gaff?

OldmanMondeo

Pull the plates off it and be done with it. If it is not taxed, insured or NCT'd it shouldn't be on the road. Make sure it is very dark and your not seen.

Syllabus

corktina wrote: »

basicly, this is another "someone is parked in my space" thread. Yes the car shouldn't be on the road, but you have no rights to that space, presumably if it was taxed etc you would still object to it being there?

why don't you park your car out side the other guys gaff?

i have no interest in parking outside his house

because the kerb only fits 1.5 cars and his is parked causing no obstruction to his unused driveway parking a car outside my house blocks my driveway

if the car was taxed id have no legal stand point but i would still object as it is clear he has no intention of driving the car and has an empty driveway

Syllabus

OldmanMondeo wrote: »

Pull the plates off it and be done with it. If it is not taxed, insured or NCT'd it shouldn't be on the road. Make sure it is very dark and your not seen.

plates are long gone

MarkR

Is the handbrake good?

slimjimmc

Syllabus wrote: »

i have no interest in parking outside his house

because the kerb only fits 1.5 cars and his is parked causing no obstruction to his unused driveway parking a car outside my house blocks my driveway

if the car was taxed id have no legal stand point but i would still object as it is clear he has no intention of driving the car and has an empty driveway

Get a trolly jack or two and move it yourself

http://www.irishstatutebook.ie/1961/en/act/pub/0024/print.html#sec90

Unauthorised interference with mechanism of vehicle.

113.—(1) A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary in a public place, or get on or into or attempt to get on or into the vehicle while it is so stationary.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

(3) Where a member of the Garda Síochána has reasonable grounds for believing that a person is committing an offence under this section, he may arrest the person without warrant.

(4) This section shall not apply to a person taking, in relation to a mechanically propelled vehicle which is obstructing his lawful ingress or egress to or from any place, such steps as are reasonably necessary to move the vehicle by human propulsion for a distance sufficient to terminate the obstruction.

(5) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that, when he did the act alleged to constitute the offence, he believed, and had reasonable grounds for believing, that he had lawful authority for doing that act.

.red.

If it was my house and it was going on that long id get a loan of a jeep and tow/yank it out about 2 foot onto the road late at night and do nothing more. Another neighbour will surely start complaining then as it will become an obstruction to everyone.
I have had hassle before with people parking outside houses when building work was going on nearby and its not nice. A neighbour gave a few warnings to one gent and then left the air out of 2 tyres. A few days later the same car was back and hjs tyres were slashed. He didnt come back again lol.

the culture of deference

Sorry to hijack.

I have a site out side kilcock, the last day I was there someone had abandoned a car on it.

corktina

Syllabus wrote: »

i have no interest in parking outside his house

because the kerb only fits 1.5 cars and his is parked causing no obstruction to his unused driveway parking a car outside my house blocks my driveway

if the car was taxed id have no legal stand point but i would still object as it is clear he has no intention of driving the car and has an empty driveway

my point is you have no rights to parking outside your house and he is not causing an obstruction..OK so he's a gob****e, but there's little you can do about it if officialdom wont act

mickdw

Delete. Misunderstood op

Praetorian Saighdiuir

Place an empty coke bottle full of washing up liquid and washing powder under the car. Strap a cheap €2 shop watch to it. Call the guards as you have spotted a suspect device under the car...bomb squad will arrive, dispose of the device and the guards will tow the car for forensics.

Or burn it out.

the_syco

the culture of deference wrote: »

I have a site out side kilcock, the last day I was there someone had abandoned a car on it.

Can you open the door? Check the glovebox for ID, and if you find any, inform the local County Council that someone has illegally dumped a car on your land. If it's any way new, it may be just being "kept" there, so inform the Gardai if the car is newish, and/or something that would be good for a getaway car.

Topper Harley

Praetorian Saighdiuir wrote: »

Place an empty coke bottle full of washing up liquid and washing powder under the car. Strap a cheap €2 shop watch to it. Call the guards as you have spotted a suspect device under the car...bomb squad will arrive, dispose of the device and the guards will tow the car for forensics.

Or burn it out.

And then the CSI forensics team will find half the OP's fingerprint on the watch at which stage the car parked outside his house is the least of his worries. :P

Can you not bounce cars away? A few people rocking and pushing it and it moves away sideways? I'm pretty sure I've seen that done before?

Praetorian Saighdiuir

Topper Harley wrote: »

And then the CSI forensics team will find half the OP's fingerprint on the watch at which stage the car parked outside his house is the least of his worries. :P

Oh yeah....gloves, buy some gloves too! :pac:

glic71rods46t0

Man Up OP. Don't biatch on here about the problem with this a-hole - do something about it. You and a few mates need to "push" this car into your neighbours driveway in the wee hours, then park your car in the vacant spot. Don't do this: Tell neighbour that you will use his head to break every window in the car if it makes its way back outside your house and make him eat all the broken glass,

Markcheese

[Deleted User] wrote: »

Can you not bounce cars away? A few people rocking and pushing it and it moves away sideways? I'm pretty sure I've seen that done before?

I've done it on small cars , needs a lot of bodies, you could pull a wing off the car (or damage your back) and your neighbour will have the satisfaction of moving it back knowing he's getting to you... Try putting car on done deal for scrap ....
If the gards tow a vehicle do they not bill the last registered owner ?

Markcheese

[Deleted User] wrote: »

Can you not bounce cars away? A few people rocking and pushing it and it moves away sideways? I'm pretty sure I've seen that done before?

I've done it on small cars , needs a lot of bodies, you could pull a wing off the car (or damage your back) and your neighbour will have the satisfaction of moving it back knowing he's getting to you... Try putting car on done deal for scrap ....
If the gards tow a vehicle do they not bill the last registered owner ?

the culture of deference

the_syco wrote: »

Can you open the door? Check the glovebox for ID, and if you find any, inform the local County Council that someone has illegally dumped a car on your land. If it's any way new, it may be just being "kept" there, so inform the Gardai if the car is newish, and/or something that would be good for a getaway car.

It is a 15 year old fiat. Not the most reliable of getaway cars.

Am I allowed to break into a car dumped on my land?