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VRT offences

  • 13-11-2012 5:13pm
    #1
    Closed Accounts Posts: 29,473 ✭✭✭✭


    Are VRT offences only committed in a public place?

    If someone keeps a foreign reg car on private property can Revenue agents do anything?


Comments

  • Registered Users, Registered Users 2 Posts: 1,442 ✭✭✭September1


    If you look at VRT manual section 5 on enforcement, there is a paragraph on Search Warrants (5.5.1) that says:
    The standing instructions in relation to search warrants as outlined in the Customs
    and Excise Enforcement Procedures Manual should be noted and observed at all
    times. Staff are reminded that a vehicle on a private premises may only be removed
    on foot of a valid search warrant obtained in advance (s136(s) F.A. 2001). This
    applies even where a premises has been otherwise legally entered (s136(1)(b) F.A.
    1995).

    So it seems that even in private property they would proceed with seizure of vehicle, subject to search warrants.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Thanks for that.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    So keeping the car covered up is the way to go in these situations.


  • Registered Users, Registered Users 2 Posts: 4,946 ✭✭✭Bigus


    So keeping the car covered up is the way to go in these situations.

    Or perhaps have Irish "display" plates temporally on it, wouldn't be an offence once on private property, and less conspicous/prominent then a cover.


  • Registered Users, Registered Users 2 Posts: 1,857 ✭✭✭Bogger77


    they can seize if from private property, but that doesn't say that storing an unregistered vehicle on private property is an offence. That quotes section, is only related to using search warrants to access property to seize a vehicle, which the owner has broken the law by driving on public property, for example.

    if the vehicle never access public road, example some of the aircraft apron stuff, then it's unlikely to be an offense.


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  • Registered Users, Registered Users 2 Posts: 182 ✭✭dingus12


    So if a car was transported on a truck till the private property and never touch and Irish road, they couldn't seize the car under vrt legislation? even if they got a warrant to come on to the property?


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    It seems to suggest that revenue need evidence of illegal use before they can get a warrant in the first place.
    What constitutes as evidence is another thing. An anonymous phone call from a curtain twitching neighbour for example? Would a revenue official have to observe the offence first?


  • Registered Users, Registered Users 2 Posts: 182 ✭✭dingus12


    It seems to suggest that revenue need evidence of illegal use before they can get a warrant in the first place.
    What constitutes as evidence is another thing. An anonymous phone call from a curtain twitching neighbour for example? Would a revenue official have to observe the offence first?


    well unless it's different from any other type of law breaking, wouldn't the neighbor have to make an official statement and be prepared to stand by it in court, if the customs officer didn't see it, thats the way it is with the gaurds anyway if a neighbor reported someone for driving offences etc.


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    Bogger77 wrote: »
    they can seize if from private property, but that doesn't say that storing an unregistered vehicle on private property is an offence. That quotes section, is only related to using search warrants to access property to seize a vehicle, which the owner has broken the law by driving on public property, for example.

    if the vehicle never access public road, example some of the aircraft apron stuff, then it's unlikely to be an offense.

    Revenue have a consolidated document on VRT law (.pdf) on their website.

    Apparently possession is indeed an offence (sect 139 of above doc)
    (3) It shall be an offence under this subsection for a person, in respect of a vehicle
    in the State -
    (a) to be in possession of the vehicle if it is unregistered unless he is an
    authorised person or the vehicle is the subject of an exemption under
    section 135 for the time being in force and the vehicle is being used in
    accordance with any conditions, restrictions or limitations referred to in
    section 135,

    Airport vehicles have a special exemption from VRT (see Sect 134 of above doc)


  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    i think its quite clear that you must make a VRT appointment with the NCTS within 7 days of arrival and complete the process within 30 days.


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  • Banned (with Prison Access) Posts: 4,991 ✭✭✭mathepac


    So keeping the car covered up is the way to go in these situations.
    Bigus wrote: »
    Or perhaps have Irish "display" plates temporally on it, wouldn't be an offence once on private property, and less conspicous/prominent then a cover.
    and there was I thinking that posts seeking to circumvent our laws were frowned upon here. I wonder what the mods will have to say?


  • Banned (with Prison Access) Posts: 4,991 ✭✭✭mathepac


    It seems to suggest that revenue need evidence of illegal use before they can get a warrant in the first place.
    ...
    No, they just need an honest citizen reporting that they are suspicions that laws are being broken, via the anonymous phone line, for example.

    That's grounds for an investigation by Revenue, as for washing diesel, smuggling fags, drugs, booze, etc.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    mathepac wrote: »
    and there was I thinking that posts seeking to circumvent our laws were frowned upon here. I wonder what the mods will have to say?
    I am a mod.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Could I scrap it without issues from officials?


  • Registered Users, Registered Users 2 Posts: 182 ✭✭dingus12


    Could I scrap it without issues from officials?

    well in order to vrt a car, you have to drive it to the nct center no? and get it tested? what if you bought a car that the engine was fecked in?


  • Registered Users, Registered Users 2 Posts: 22,080 ✭✭✭✭Big Nasty


    mathepac wrote: »
    and there was I thinking that posts seeking to circumvent our laws were frowned upon here. I wonder what the mods will have to say?
    I am a mod.

    And that makes it ok?

    Just scrap it - it's a dirtbox anyhow. ;)


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