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Is a Privately Insured Van still considered a Commercial Vehicle?

  • 18-04-2013 12:23pm
    #1
    woods1977
    Registered Users, Registered Users 2 Posts: 26 ✭


    Guys.... need some info on this..

    The basic short story is that our rented private residence in D4 has a rule 'THE PARKING OF CARAVANS, TRAILERS AND COMMERCIAL VEHICLES IS NOT PERMITTED' notice on the lease/parking rules and regulation etc...

    I have a 03 Red Opel Astra Van (Image attached) which is Privately Insured and Privately Taxed (No commercial Tax or Insurance) which has been clamped due to them stating no vans are allowed on the premises and the management company have stated that I can never park there again...
    I parked here in the belief that as its insured as a private vehicle and only used as such its not commercial!!!....

    Could anyone tell me how a vehicle is classified in the eyes of the law?!
    i.e. is it through how the vehicle looks or how it is taxed and insured?


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    It will depend on the rules involved.

    I presume this is an apartment development. Question: Are you a tenant or owner occupier?

    I presume the 'house rules' ban such vehicles. However, it will depend on what your lease and the rules (not the signs) actually say. If they say "No commercial vehicles" I think you are in the clear. However, if the language is more careful and specifically bans vans or goods vehicles or vehicles over X size, then you may have a problem.

    The situation may be a bit more complicated if you own a house in a managed development.


  • #3
    LeftBlank
    Closed Accounts Posts: 504 ✭✭✭LeftBlank


    It doesn't matter what the law says - my thinking on it is that as it's a private car park, they can decide what is/isn't allowed to be parked there.


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    LeftBlank wrote: »
    It doesn't matter what the law says - my thinking on it is that as it's a private car park, they can decide what is/isn't allowed to be parked there.

    Sure, but they need to follow their own rules.


  • #5
    K.Flyer
    Registered Users, Registered Users 2 Posts: 8,565 ✭✭✭K.Flyer


    LeftBlank wrote: »
    It doesn't matter what the law says - my thinking on it is that as it's a private car park, they can decide what is/isn't allowed to be parked there.

    LeftBank is quite correct here, but in your case you need to correspond with the management company to show them the classification of the vehicle.
    If I was you I would compare yours to any other car that has its windows very heavily tinted, just yours are done in red.
    Its not as if you are driving a transit with signwriting on it.


  • #6
    coylemj
    Registered Users, Registered Users 2 Posts: 25,626 ✭✭✭✭coylemj


    It's snobbery, plain and simple. The same applies in the apartment complex in Killiney Towers which has a large car park and I'm sure lots of other complexes. I know a couple who rented there, the guy had a small plain van (no signage) which he used the same as a car, he went to work in the morning and came home in the evening but the residents' association said he couldn't park inside the development.

    It's not an insurance or VRT issue, it's simply that a van lowers the tone of the place - as perceived by the people who wrote the rules.


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  • #7
    Corkbah
    Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    coylemj wrote: »
    It's snobbery, plain and simple. The same applies in the apartment complex in Killiney Towers which has a large car park and I'm sure lots of other complexes. I know a couple who rented there, the guy had a small plain van (no signage) which he used the same as a car, he went to work in the morning and came home in the evening but the residents' association said he couldn't park inside the development.

    It's not an insurance or VRT issue, it's simply that a van lowers the tone of the place - as perceived by the people who wrote the rules.

    if I was this guy I'd park in front of the exit/entrance (only kidding)... he is a resident as well as the rest of them and if he was an owner of an apartment he should be kicking up a fuss at the residents meetings.

    as for the OP .... talk to the residents committee and see what they say, it might also be worth noting that an SUV is generally a commercial vehicle, they were originally designed for off-road usage !! you vehicle is a van - yes, but as you say its privately taxed and insured, which I would also tell the residents committee.

    OP .... do you NCT or DOE the van ?? I dont think vans can be NCT'd and DOE is for commercial vehicles !!


  • #8
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #9
    woods1977
    Registered Users, Registered Users 2 Posts: 26 ✭woods1977


    Thanks all...

    Realise its a snobbery thing now.... As jeeps are not clamped etc.. but my van is clamped yet others arent... the house rules only state commercial vechicles and doesnt say anything about van taxed for private puropses.... Best bet is to write to the residents committee and see their response... if that fails I'll be calling Joe Duffy! :)


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