NCT - court?

cckk

Hi,
I just got caught at a check point with out of date NCT. The guard said I would be prosecuted.
I understand I was totally in the wrong - I was chancing it - I rarely use the car - I have a van - and I was gradually getting jobs done on it to get it NCT ready.
But - I just want to know what 'prosecuted' will mean?
has anyone gone through it - what should I expect?
I really nervous because I've never been in trouble before!

ABajaninCork

See here.

No NCT is the very first item on the chart. It looks as though it'll be court, 5 points and a fine...

cckk

ABajaninCork wrote: »

See here.

No NCT is the very first item on the chart. It looks as though it'll be court, 5 points and a fine...

Thanks - I saw that. Still wondering about the court bit- are you asked questions or are you just dealt a fine and good luck?!
Thanks for your reply

The Pontiac

How long was it out of date?

cckk

The Pontiac wrote: »

How long was it out of date?

18 months - I know - cringe - but I honestly hardly ever use it

CiniO

cckk wrote: »

18 months - I know - cringe - but I honestly hardly ever use it

Heh - another 3 months, and you can do a fresh NCT which will be valid 15 months (if car is older than 10years) or even 27 months once car is less than 10.

Stheno

cckk wrote: »

18 months - I know - cringe - but I honestly hardly ever use it

5 points on conviction and you'll get a fairly hefty fine for that length, it's up to €1500 I think.

johndaman66

My own test is out a week at this stage. I have the test booked for the 14th of April which is 2 months away and have confirmation of the booking in my glovebox. The thing is I couldn't get a date any earlier than that in any of the 6 test centres nearest to me. I know, I know, I should have being sorting it out sooner before it ran out of test. I intend to ring the NCTS tomorrow evening to ask them to contact me in the meantime if they have a cancellation

Not saying it would pass or anything as I don't know that until I carry it along to test centre but as it stands but I have the car fairly right as in good tyres, all bulbs working and running as it should.

Out of curiosity if I'm held up by Guards in the meantime what can I expect to be the outcome?

Edit: Sorry OP not intent on hijacking your thread.

Stheno

johndaman66 wrote: »

My own test is out a week at this stage. I have the test booked for the 14th of April which is 2 months away and have confirmation of the booking in my glovebox. The thing is I couldn't get a date any earlier than that in any of the 6 test centres nearest to me. I know, I know, I should have being sorting it out sooner before it ran out of test. I intend to ring the NCTS tomorrow evening to ask them to contact me in the meantime if they have a cancellation

Not saying it would pass or anything as I don't know that until I carry it along to test centre but as it stands but I have the car fairly right as in good tyres, all bulbs working and running as it should.

Out of curiosity if I'm held up by Guards in the meantime what can I expect to be the outcome?

Edit: Sorry OP not intent on hijacking your thread.

With proof of a test booked you should be ok tbh.

Bigus

There was a post here recently where a boardsie got a fine of 150 and he thought that was that , but he then got 5 points in the post after,

so maybe concentrate with the help of a solicitor reducing the points in court in line with the forthcoming reduced point no NCT legislation proposed by vradker

cckk

johndaman66 wrote: »

My own test is out a week at this stage. I have the test booked for the 14th of April which is 2 months away and have confirmation of the booking in my glovebox. The thing is I couldn't get a date any earlier than that in any of the 6 test centres nearest to me. I know, I know, I should have being sorting it out sooner before it ran out of test. I intend to ring the NCTS tomorrow evening to ask them to contact me in the meantime if they have a cancellation

Not saying it would pass or anything as I don't know that until I carry it along to test centre but as it stands but I have the car fairly right as in good tyres, all bulbs working and running as it should.

Out of curiosity if I'm held up by Guards in the meantime what can I expect to be the outcome?

Edit: Sorry OP not intent on hijacking your thread.

I think you'll be ok with a booking conformation - they will let you off with that

Bigus

Stheno wrote: »

With proof of a test booked you should be ok tbh.

But most certainly not guaranteed , ring NCT everyday for cancellation

CiniO

johndaman66 wrote: »

My own test is out a week at this stage. I have the test booked for the 14th of April which is 2 months away and have confirmation of the booking in my glovebox. The thing is I couldn't get a date any earlier than that in any of the 6 test centres nearest to me. I know, I know, I should have being sorting it out sooner before it ran out of test. I intend to ring the NCTS tomorrow evening to ask them to contact me in the meantime if they have a cancellation

Not saying it would pass or anything as I don't know that until I carry it along to test centre but as it stands but I have the car fairly right as in good tyres, all bulbs working and running as it should.

Out of curiosity if I'm held up by Guards in the meantime what can I expect to be the outcome?

Edit: Sorry OP not intent on hijacking your thread.

Most likely you will be OK, but it all depends on the guard.
If he want's he can fine you in full (5 points + court appearance).

Also notice, that you should request an appointment from NCT withing 28 days. Ring them and say it that you are requesting the appointment.
They are obliged to provide you with one, and if they are unable to, they will have to test your car for free then.

Stheno

Bigus wrote: »

There was a post here recently where a boardsie got a fine of 150 and he thought that was that , but he then got 5 points in the post after,

so maybe concentrate with the help of a solicitor reducing the points in court in line with the forthcoming reduced point no NCT legislation proposed by vradker

5 points are mandatory on conviction, that legislation is not in place yet.

johndaman66

CiniO wrote: »

Also notice, that you should request an appointment from NCT withing 28 days. Ring them and say it that you are requesting the appointment.
They are obliged to provide you with one, and if they are unable to, they will have to test your car for free then.

Good man. Good to know that and I learn something new everyday. As you say though I was half thinking to myself that it depends very much on the Guard that pulls me over... Thanks for your reply

corktina

cckk wrote: »

Thanks - I saw that. Still wondering about the court bit- are you asked questions or are you just dealt a fine and good luck?!
Thanks for your reply

I imagine if you plead guilty you will be back out in a couple of minutes. It isn't the dreadful experiance you imagine it might be, don't worry, just turn up , be smartish and polite, hope the fine is small. The points will be 5 though.

db

cckk wrote: »

Hi,
I just got caught at a check point with out of date NCT. The guard said I would be prosecuted.
I understand I was totally in the wrong - I was chancing it - I rarely use the car - I have a van - and I was gradually getting jobs done on it to get it NCT ready.
But - I just want to know what 'prosecuted' will mean?
has anyone gone through it - what should I expect?
I really nervous because I've never been in trouble before!

Get the car tested as soon as possible - check all the test centres in your area for a cancellation. Meet the garda in court on the day and show him that you got the car tested. It will then depend on the garda how he puts it to the judge, he can make you look good or bad.

shooter88

Your solicitors will do all the talking if you plead guilty 10min and you will be out(after sitting around for 3hrs)

visual

Bigus wrote: »

There was a post here recently where a boardsie got a fine of 150 and he thought that was that , but he then got 5 points in the post after,

so maybe concentrate with the help of a solicitor reducing the points in court in line with the forthcoming reduced point no NCT legislation proposed by vradker

5 points is ridiculous so is the maximum fine @ 1500 euro.

Not a fan of RSA who are not inline with reality.

Jimdagym

visual wrote: »

5 points is ridiculous so is the maximum fine @ 1500 euro.

Not a fan of RSA who are not inline with reality.

How is 5 points ridiculous when someone like the op (no offence op) is driving around without an nct for 18 months? Have a look at the local car park and see the discs in the window. See how effective a deterrent 5 points is. If anything it's not enough.

mightybashful

Jimdagym wrote: »

How is 5 points ridiculous when someone like the op (no offence op) is driving around without an nct for 18 months? Have a look at the local car park and see the discs in the window. See how effective a deterrent 5 points is. If anything it's not enough.

5 points for no NCT and 2 points for speeding. Which of the 2 are the biggest killer on the road?

Jimdagym

mightybashful wrote: »

5 points for no NCT and 2 points for speeding. Which of the 2 are the biggest killer on the road?

Yeah, and the cops shouldn't go after speeders till all the murderers are in jail either :rolleyes:.
Unless you think it should be 5 points for speeding. Which could easily be a momentary lapse to go 50k in a 40 zone, against someone driving a car 5 years and never having the tyres or breaks checked???

Mar4ix

one guy , just popped in in to NCT center, and asked, could they do test for his car, and yes, they took him.

CiniO

mightybashful wrote: »

5 points for no NCT and 2 points for speeding. Which of the 2 are the biggest killer on the road?

The killer is driving with dangerous speed - not speeding.
Very often those two terms has nothing to do with each other.

I'd way prefer to drive between drivers all doing 60 in 50 zone, than be surrounded by a group of **** driving bangers falling apart.

johndaman66

Jimdagym wrote: »

Unless you think it should be 5 points for speeding. Which could easily be a momentary lapse to go 50k in a 40 zone, against someone driving a car 5 years and never having the tyres or breaks checked???

But are you not pointing out the extremes in both situations to suit your argument? Conversly so your test might be out for 6 months and the car might be mechanically A1 with good legal tyres. I don't believe I've come across a 40 kph speed limit on a public road yet but you could also be doing 120 kph in a 50 kph zone.

I personally think an automatic 5 penalty points for no NCT without consideration for the circumstances. Then is 2 penalty points a fair penalty in the afore mentioned speeding scenario?

discombobulate

johndaman66 wrote: »

But are you not pointing out the extremes in both situations to suit your argument? Conversly so your test might be out for 6 months and the car might be mechanically A1 with good legal tyres. I don't believe I've come across a 40 kph speed limit on a public road yet but you could also be doing 120 kph in a 50 kph zone.

I personally think an automatic 5 penalty points for no NCT without consideration for the circumstances. Then is 2 penalty points a fair penalty in the afore mentioned speeding scenario?

Its not a set 2 point for the speeding in that scenario. You'd be prosecuted for dangerous driving and lucky to keep your license

CiniO

johndaman66 wrote: »

Then is 2 penalty points a fair penalty in the afore mentioned speeding scenario?

Generally set penalty of 80e + 2 points for speeding is not fair.
It should be graduated.

f.e. if you are up to 10km/h over the limit then only 20e fine and no points.
up to 20km/h over the limit - 1 point + 80e
up to 30km/h over the limit - 2 points + 200e
up to 40km/h over the limit - 4 points + 500e
over 40km/h over the the limit - disqualification for 3 months + 1000e fine
50km/h over the limit - disqualification for 6 months + 2000e fine.

That would do the job.

johndaman66

discombobulate wrote: »

Its not a set 2 point for the speeding in that scenario. You'd be prosecuted for dangerous driving and lucky to keep your license

Could you provide me with a link to that please? To the best of my knowledge that is not automatically the case, although yeah I think you'd most likely be prosecuted for dangerous driving. To be fair I don't think you actually addressed the questions in my post

discombobulate

I'd presume it'd be straight to court though which is 4 points and up to €800 and then a chance of the dangerous driving in addition.

Looking at this a guy got a 1k fine for 180km/h in the snow in a 60 km/h zone and didn't get banned!!

discombobulate

johndaman66 wrote: »

Could you provide me with a link to that please? To the best of my knowledge that is not automatically the case, although yeah I think you'd most likely be prosecuted for dangerous driving. To be fair I don't think you actually addressed the questions in my post

To answer your question no 2 points would not be fair in your scenario. Should be phased fines / points for percentages over in my opinion

CiniO

discombobulate wrote: »

Looking at this a guy got a 1k fine for 180km/h in the snow in a 60 km/h zone and didn't get banned!!

After reading the article it is revealed that it wasn't on the snow.

The court heard the road conditions were very bad and there was snow on the verges.

Also is there really 60km/h limit on M50?

Story doesn't look that bad as it's title.

discombobulate

CiniO wrote: »

After reading the article it is revealed that it wasn't on the snow.


Also is there really 60km/h limit on M50?

Story doesn't look that bad as it's title.

I skimmed over and thought he was driving in a 60k zone in Blanch at that speed. I'd say he was doing a bit over the limit in Blanch and then went onto the M50 where he did the 180 so not as bad.

Tried to sensationalise it on a slow news day i'd say

Jimdagym

johndaman66 wrote: »

But are you not pointing out the extremes in both situations to suit your argument? Conversly so your test might be out for 6 months and the car might be mechanically A1 with good legal tyres. I don't believe I've come across a 40 kph speed limit on a public road yet but you could also be doing 120 kph in a 50 kph zone.

I personally think an automatic 5 penalty points for no NCT without consideration for the circumstances. Then is 2 penalty points a fair penalty in the afore mentioned speeding scenario?

I don't think either example is extreme to be honest. And if someone is driving round in a car that is mechanically sound but 6 months out of date, then test the damn thing. I'm not sure what argument you are presenting there.

Regarding your last question, not sure if its rhetorical or not. If not, then yes I think 2 is fair. Anyone who doesn't can roll the dice in court and risk 4.

Kenny Logins

CiniO wrote: »

After reading the article it is revealed that it wasn't on the snow.


Also is there really 60km/h limit on M50?

Story doesn't look that bad as it's title.

180kmh in a van on any road is dangerous driving IMHO.

corktina

Comparing 5 points for no NCT to 2 points for speeding is not an arguement for reducing those five points, it's an arguement to increase the points for speeding.

I agree with the comment that the points should reflect the actual amount over the limit starting from 2 points for a minor infringement to 5 for speeding boardering on dangerous driving.

PS I speed ALL the time (well except when parked) but I still think there has to be a deterent to doing it.

visual

Jimdagym wrote: »

How is 5 points ridiculous when someone like the op (no offence op) is driving around without an nct for 18 months? Have a look at the local car park and see the discs in the window. See how effective a deterrent 5 points is. If anything it's not enough.

Its £60 on the spot fine in uk
MoT runs for 1 year from date of test.

Dont fool your self thinking a nct car is road worthy and mechanically perfect.

RSA apply their interpretation of testing as a tax with heavy fines and penalty points because they have lost the run of themselves. The badge of safety is been abused.

CiniO

corktina wrote: »

Comparing 5 points for no NCT to 2 points for speeding is not an arguement for reducing those five points, it's an arguement to increase the points for speeding.

I agree with the comment that the points should reflect the actual amount over the limit starting from 2 points for a minor infringement to 5 for speeding boardering on dangerous driving.

PS I speed ALL the time (well except when parked) but I still think there has to be a deterent to doing it.

Nearly all over Europe there is a small leeway on maximum speed, meaning usually that if you are only slightly over the limit, fine is very small or there isn't any fine at all.
I must say that when I'm travelling f.e. between Poland and Ireland crossing Germany, Netherland, Belgium, France and UK, I keep slightly above the limit through most of the way.
Ireland is the only country where I'm affraid to do it and I must focus too much on speedometre, as I know I can get a full penalty of 80e and 2 points just for doing 65 in 60. That's bit mad.

Look at UK. Motorway speed limit is 70 MPH, but plenty of vehicles travel more about 80 even up to 85 without any problems.
Belgium - 120km/h, but plenty of cars do more likely 130km/h.
Even Germans who are known to stick to the rules, are always few km/h over the limit.
In Poland while motorway speed limit is 140km/h but there is many drivers doing between 150 and 160km/h as heavier fines start only if you are 20km/h above the limit.

CiniO

visual wrote: »

Its £60 on the spot fine in uk
MoT runs for 1 year from date of test.

Dont fool your self thinking a nct car is road worthy and mechanically perfect.

RSA apply their interpretation of testing as a tax with heavy fines and penalty points because they have lost the run of themselves. The badge of safety is been abused.

Why don't they reduce the fines for no NCT, but start doing random safety checks on the side of the road, and if car is found to be not roadworthy (no matter if it has NCT or NOT) fine would be very heavy.

There should be no problem to organise roadside checkpoints to check tyres, brakes, lights, weights, leaks, etc...

Jimdagym

visual wrote: »

Its £60 on the spot fine in uk
MoT runs for 1 year from date of test.

Dont fool your self thinking a nct car is road worthy and mechanically perfect.

RSA apply their interpretation of testing as a tax with heavy fines and penalty points because they have lost the run of themselves. The badge of safety is been abused.

It really does not matter what it is in the uk. If it was automatic disqualification would it then be a fair system here???

The rest of you're post is venturing into a rant and I am leaving that alone.

visual

CiniO wrote: »

Why don't they reduce the fines for no NCT, but start doing random safety checks on the side of the road, and if car is found to be not roadworthy (no matter if it has NCT or NOT) fine would be very heavy.

There should be no problem to organise roadside checkpoints to check tyres, brakes, lights, weights, leaks, etc...

I agree with safety checks not sure leaks is that relevant unless its brake fluid.
if I remembered correctly there is points for defects too 1 or 2 points for bald tyre defective wiper bulb.

Why can't they have a sticker system as used in OZ or UK. Sticker can't be removed until defect is repaired.
This points for everything isn't good and exploited by insurance companies.

challengemaster

visual wrote: »

Why can't they have a sticker system as used in OZ or UK. Sticker can't be removed until defect is repaired.
This points for everything isn't good and exploited by insurance companies.

Because the majority of Ireland would drive around with 50 stickers on their car then and still not care. The only deterrent that works is the threat of being put off the road from the accumulation of points/hefty fines.

visual

challengemaster wrote: »

Because the majority of Ireland would drive around with 50 stickers on their car then and still not care. The only deterrent that works is the threat of being put off the road from the accumulation of points/hefty fines.

Works well in other countries

Our system imposes to heavy a burden on minor offence that is too easy to fall foul of. Failure to have a current NCT disc doesn't equal a defective dangerous vehicle. In the same way a car with current NCT isn't proof it's safe and road legal.

If it is opperated like a tax its view as such by all including those in enforcement

Sam Russell

If NCT could be arranged easily and not two months away, there might be some point in fines etc. for no NCT. The NCT no longer send out reminders even though the test is every two years.

There are not enough testing stations!

johndaman66

Jimdagym wrote: »

I don't think either example is extreme to be honest.

At best I'll have to agree to disagree with you on that one...

Jimdagym wrote: »

And if someone is driving round in a car that is mechanically sound but 6 months out of date, then test the damn thing. I'm not sure what argument you are presenting there.

Yep, I'd generally agree if you are driving a car fit to pass the test or indeed one not fit to pass the test with it out of date for 6 months then you'd wanna drink a fairly large mug of cop on although there might sometimes be mitigating circumstances.

Point I was trying to make though was that in my opinion driving a mechanically fit which is out of NCT for a long period, although stupid is not as big a misdemeanour as driving at 120kph in a 50kph zone.

Jimdagym wrote: »

Regarding your last question, not sure if its rhetorical or not. If not, then yes I think 2 is fair. Anyone who doesn't can roll the dice in court and risk 4.

It wasn't a rethorical question and again I'll have to agree to disagree with your point of view on that one

challengemaster

visual wrote: »

Works well in other countries

Our system imposes to heavy a burden on minor offence that is too easy to fall foul of. Failure to have a current NCT disc doesn't equal a defective dangerous vehicle. In the same way a car with current NCT isn't proof it's safe and road legal.

If it is opperated like a tax its view as such by all including those in enforcement

The same way people keep to the left most lane in other countries, and generally abide by most other traffic laws too. Ireland isn't other countries. And IMO it's not too easy to fall foul of anything, it's not a huge ask to keep your car taxed and NCT'd.

Sam Russell wrote: »

The NCT no longer send out reminders even though the test is every two years.

And herein lies the problem. It's your car, therefore it's your responsibility. How hard is it to check the very obvious expiry date on the disc in the windscreen every now and again? Or set a reminder on your phone?

visual

challengemaster wrote: »

The same way people keep to the left most lane in other countries, and generally abide by most other traffic laws too. Ireland isn't other countries. And IMO it's not too easy to fall foul of anything, it's not a huge ask to keep your car taxed and NCT'd.



And herein lies the problem. It's your car, therefore it's your responsibility. How hard is it to check the very obvious expiry date on the disc in the windscreen every now and again? Or set a reminder on your phone?

Actually it is we have the highest cost of motoring in Europe.
ill thought out safety test with harshest fines and penalties.
Most people only meet garda at tax check point to the extent that only law enforsed is to ensure revenue compliance.

If there is only so much cash in the system extorting it from the motorist means avg cars is older, cheaper part's, repairs and tyres become common. The standard overall falls
To compensate for falling revenue all cars will be tested yearly under the pretense of safety.

All laws have to be fairly applied if not it becomes a burden on motorist who aren't being represented by their elected TDs

kirving

CiniO wrote: »

The killer is driving with dangerous speed - not speeding.
Very often those two terms has nothing to do with each other.

I'd way prefer to drive between drivers all doing 60 in 50 zone, than be surrounded by a group of **** driving bangers falling apart.

And the dangerous thing is having a defective car, not having an out of date disc.

Having no test should be a fine, but a court conviction, 5 points and a fine is excessive when the vehicle may well be perfectly safe.

Yakult

CiniO wrote: »

The killer is driving with dangerous speed - not speeding.
Very often those two terms has nothing to do with each other.

I'd way prefer to drive between drivers all doing 60 in 50 zone, than be surrounded by a group of **** driving bangers falling apart.

Both are **** tbf

Esel

CiniO wrote: »

Most likely you will be OK, but it all depends on the guard.
If he wants he can fine you in full (5 points + court appearance).

Just to clarify - the garda cannot issue a fine or penalty points for no NCT. He/she must prosecute, and, if a conviction is given, then the 5 points and fine up to €1500 happen.

OP:

1. Get a solicitor

2. Get the car NCT'd (or get it officially scrapped with written proof if it will not pass NCT without unreasonable expense.

It might actually be worth your while to be pro-active and either NCT or scrap the car pronto - before you receive a summons. Then try to contact the garda and explain what you have done. They may decide not to issue the summons.

xxlauraxxox

just received three summons myself this morning for no nct after been caught on 21-08-2012 for 1 not having a valid nct disk not displayed, 2 use with a cert and 3 fail to produce a nct cert i explained to the guard that id an accident 3months prior and had to cancel the orginal nct date as i told them that the car had to be fixed and i couldnt send it through the nct the way it was. i had to pay nearly 1000e to my mechanic to fix the car and i evenually got that money recovered in july from the guys insurance.my car has since been ncted but i really think that when id put it true 10days beforehand and it failed on 2 minor things and i was waiting to get them fixed id still within my 28days retest period she shouldnt have sent them out to me!!! i felt like beating her with the summns when she handed them to me with a smirk on her face

mgbgt1978

CiniO wrote: »

Also notice, that you should request an appointment from NCT withing 28 days. Ring them and say it that you are requesting the appointment.
They are obliged to provide you with one, and if they are unable to, they will have to test your car for free then.

Not in johndamans case Cinio. He has already accepted a Test date in April, therefore he has given up the right to insist that they test his car within 28 days.
If you cannot find a date within 28 days on the NCT website, then DO NOT book any other date. Ring them, explain that you want your car tested at a particular centre within 28 days or the test will be free (as per their contract with our government).
They will usually text you back within 24 hours with a test date within the following 28 days.