car seized for no car tax.

LOTTOWINNER

A friend of mine (It's not me!) was stopped for non display of tax Yesterday and the Garda called a tow truck to remove it, but inside 90 minutes he was back driving the car. All he had to do was visit the Garda station produce insurance and licence etc, they fax the garage who have the car to release it, (100 euro release fee) and away he went! The thought occurred to me that this is very easy and not much of a deterrent, I know he will get a fine and have to tax it but there isn’t much financial pain or inconvience!
I suppose, in his favour was the fact he was stopped close to his house and the car was stored about 7 miles away.

cml387

The tax had to be paid first before the car could be released. Plus the 100 euro release. Hardly a saving .

MugMugs

Was he lifted for no insurance or no tax? You'd assume that they'd request a valid tax disc before releasing the vehicle.

LOTTOWINNER

cml387 wrote: »

The tax had to be paid first before the car could be released. Plus the 100 euro release. Hardly a saving .

MugMugs wrote: »

Was he lifted for no insurance or no tax? You'd assume that they'd request a valid tax disc before releasing the vehicle.

Car wasn't taxed when driven out of pound, this all happened between 6 and 7.30 Yesterday evening, so with the best will in the world he couldn't have taxed it. I also thought he would have to tax before release, hence this thread!

goz83

LOTTOWINNER wrote: »

Car wasn't taxed when driven out of pound, this all happened between 6 and 7.30 Yesterday evening, so with the best will in the world he couldn't have taxed it. I also thought he would have to tax before release, hence this thread!

Either you are getting it wrong, or there was a massive fcuk up. You have to produce a valid tax disc for the vehicle in question, plus pay the fee before getting the vehicle back.

LOTTOWINNER

goz83 wrote: »

Either you are getting it wrong, or there was a massive fcuk up. You have to produce a valid tax disc for the vehicle in question, plus pay the fee before getting the vehicle back.

I drove him to collect car, he paid the garage were the car was being kept 100 euro release fee, it was't taxed and it's not taxed today either, all he had to produce was insurance, reg. docs and licence.

Gumbo

Could he of taxed it online and thus paying arrears.

MugMugs

kceire wrote: »

Could he of taxed it online and thus paying arrears.

Still no disc

Paulw

MugMugs wrote: »

Still no disc

No, but a printout of the online transaction may ("may") be enough to get the car released. That plus the impound cost.

utyh2ikcq9z76b

It was in the papers a few weeks ago that the Garda weren't going to do anything about tax anymore, as a kind of work to rule, I thought nobody was getting done

http://www.irishexaminer.com/ireland/gardai-refuse-to-issue-car-tax-fines-224846.html

Maybe this has something to do with it

MugMugs

Musa Squeaking Python wrote: »

Maybe this has something to do with it

Well then the car wouldn't have been lifted in the first place !

LOTTOWINNER

goz83 wrote: »

Either you are getting it wrong, or there was a massive fcuk up. You have to produce a valid tax disc for the vehicle in question, plus pay the fee before getting the vehicle back.

Paulw wrote: »

No, but a printout of the online transaction may ("may") be enough to get the car released. That plus the impound cost.

Just to clear this up, he was stopped for no tax, everything else was in order, the car was released and it still was not taxed I positive about this.

KT10

This is nothing new, I had a motorbike lifted on me a few years ago as it was still on yellow plates, I called into Customs, paid a €100 fine then had 2 weeks (I think) to VRT the bike, so basically I paid the fine and got my untaxed bike back that same day.

It was insured on the yellow plate reg so it was insured before anyone jumps down my throat.

dh0011

did he tax it since?

Soarer

How long out was it?

My own is out a month and it'd make things a lot easier for me if I could wait until the end of next month to tax and backdate. Not worth the risk if I could get lifted though!

LOTTOWINNER

dh0011 wrote: »

did he tax it since?

Soarer wrote: »

How long out was it?

My own is out a month and it'd make things a lot easier for me if I could wait until the end of next month to tax and backdate. Not worth the risk if I could get lifted though!

7 months out, not taxed yet.

johndaman66

Soarer wrote: »

How long out was it?

My own is out a month and it'd make things a lot easier for me if I could wait until the end of next month to tax and backdate. Not worth the risk if I could get lifted though!

I have being told by a few different people (not sure how true it is but heard the same take on it from a few different sources) that the Guards will only lift your car/van/bike if the tax is out for more than 2 months.

Having said that I have heard of people getting off with an on the spot fine if their tax is out for more than 2 months and they driving on their merry way straight away again from the checkpoint....

charlemont

cml387 wrote: »

The tax had to be paid first before the car could be released. Plus the 100 euro release. Hardly a saving .

Unless you have a tow truck to take it away..

dickwod1

johndaman66 wrote: »

I have being told by a few different people (not sure how true it is but heard the same take on it from a few different sources) that the Guards will only lift your car/van/bike if the tax is out for more than 2 months.

I thought your tax had to be out for three months before they lifted your car? ... does anyone know what the timeline is?

johndaman66

dickwod1 wrote: »

I thought your tax had to be out for three months before they lifted your car? ... does anyone know what the timeline is?

Hmm, not saying your wrong but have heard from a few different people that they will lift it if its out for 2 months or more. As I say though I have heard of other people getting off with an on the spot the fine only if it is out longer than 2 months...sometimes much longer.

I suppose it might be one of these things that it very much depends on the Guard you meet and if everything else is in order, if you give him/her any cheek etc...

ofcork

7 months is a bit ott to say the least.

TheNog

dickwod1 wrote: »

I thought your tax had to be out for three months before they lifted your car? ... does anyone know what the timeline is?

It's 2 months. Anything longer than 2 months the car can be seized.

It's €125 seizure fee which covers the first 24 hrs and €35 for every 24 hr or part of thereafter.

Rule of thumb an owner can reclaim their untaxed car after fees but must have it towed. Cannot be driven.

veetwin

LOTTOWINNER wrote: »

A friend of mine (It's not me!) was stopped for non display of tax Yesterday and the Garda called a tow truck to remove it, but inside 90 minutes he was back driving the car. All he had to do was visit the Garda station produce insurance and licence etc, they fax the garage who have the car to release it, (100 euro release fee) and away he went! The thought occurred to me that this is very easy and not much of a deterrent, I know he will get a fine and have to tax it but there isn’t much financial pain or inconvience!
I suppose, in his favour was the fact he was stopped close to his house and the car was stored about 7 miles away.

Any chance the car was seized because the Garda suspected the car was not insured?

slimjimmc

veetwin wrote: »

Any chance the car was seized because the Garda suspected the car was not insured?

There wouldn't be an impound/towing fee then.
The car would have been released free of charge once the driver produced his certificate of insurance.

http://www.irishstatutebook.ie/2011/en/si/0460.html

Waiver of charges

6. Where a vehicle has been detained, removed and stored in accordance with Regulation 3 and the owner of the vehicle establishes to the satisfaction of the member of the Garda Síochána in charge of the place at which the vehicle is stored—

: blah blah

(b) in the case of a vehicle referred to in section 41(1)(b) of the Act of 1994, that an approved policy of insurance was in force in respect of the use of the vehicle at the time it was detained,

: blah blah

the charges in respect of the detention, removal and storage of the vehicle shall be waived.

Apparently there is no requirement for the car to be taxed (or NCT displayed) before being released. All you need is pay the towing fee and show the Garda your reg book, photo id, driving licence and insurance cert, and you're free to drive off into the sunset. Off course, by driving you run the risk of being done for non-display again.

Release of vehicle
4. Subject to Regulation 6 and 7, a vehicle which has been detained, removed and stored in accordance with Regulation 3 shall not be released until the person claiming the vehicle—

(a) pays the charges in respect of the detention, removal and storage of the vehicle in accordance with Regulation 5, and

(b) produces to the member of the Garda Síochána or to the authorised agent who is in charge of the place at which the vehicle is kept—
(i) the vehicle registration book, vehicle licensing certificate or vehicle registration certificate which names the registered owner of the vehicle,
(ii) photographic identification showing the person to be the owner named, and
(iii) where the owner or another person intends to drive the vehicle away
(A) a driving licence licensing the intending driver to drive the vehicle, and
(B) an approved policy of insurance in respect of the use of the vehicle by the intending driver.

jca

In that case I won't bother re-taxing my car in September(€670). I'd have to get seized 6 times before I start losing money. This country is a joke...

rocky

jca wrote: »

In that case I won't bother re-taxing my car in September(€670). I'd have to get seized 6 times before I start losing money. This country is a joke...

fear corcaigh

Something similar happened to me a few years ago. I was stopped within a 5 minute walking distance to the Garda station, my tax was out over 4 months, he told me he was impounding the vehicle, I argued but got nowhere. Eventually he told me to sit in the passenger seat and he drove the 2 minutes to the station where i wrote a cheque for the release fee and drove away. All done in less than 20 minutes.

jca

fear corcaigh wrote: »

Something similar happened to me a few years ago. I was stopped within a 5 minute walking distance to the Garda station, my tax was out over 4 months, he told me he was impounding the vehicle, I argued but got nowhere. Eventually he told me to sit in the passenger seat and he drove the 2 minutes to the station where i wrote a cheque for the release fee and drove away. All done in less than 20 minutes.

Did you Tax it afterwards?

kilianmanning

You don't have to tax it before getting it back, also depends on the recovery man whether or not he will let you drive it out of his yard untaxed or tell you to put it on a trailer

slimjimmc

kilianmanning wrote: »

You don't have to tax it before getting it back, also depends on the recovery man whether or not he will let you drive it out of his yard untaxed or tell you to put it on a trailer

What legal authority does the recovery guy have to stop you driving it out of his yard untaxed? Since the car is no longer impounded, what right has he to detain it any longer?

Del2005

slimjimmc wrote: »

What legal authority does the recovery guy have to stop you driving it out of his yard untaxed? Since the car is no longer impounded, what right has he to detain it any longer?

I'd assume they don't release it from impound till you produce a valid tax disc or have a trailer. Like most things in this country the law and how it's followed are totally different stories.

Big Nasty

This is great news!

MugMugs

Del2005 wrote: »

I'd assume they don't release it from impound till you produce a valid tax disc or have a trailer. Like most things in this country the law and how it's followed are totally different stories.

And what right have they got to detain your vehicle?

djimi

What would stop a Garda from standing at the gates of the impound lot and impounding the car again the minute the wheels touch a public road?

MugMugs

djimi wrote: »

What would stop a Garda from standing at the gates of the impound lot and impounding the car again the minute the wheels touch a public road?

Lunch? :pac:

djimi

MugMugs wrote: »

Lunch? :pac:

I think Id take great satisfaction as a Garda standing outside the impound lot and re-impounding all the cars that try to drive away without having gotten tax first

cadaliac

Del2005 wrote: »

I'd assume they don't release it from impound till you produce a valid tax disc or have a trailer. Like most things in this country the law and how it's followed are totally different stories.

Yip, that's it.......

They have no right to keep your car after you pay the impound fee.
The Guard at the gate is more plausible but still not reality.

kilianmanning

slimjimmc wrote: »

What legal authority does the recovery guy have to stop you driving it out of his yard untaxed? Since the car is no longer impounded, what right has he to detain it any longer?

He has none I guess.
In my case he was told by the guards not to let me out unless I had a trailer

slimjimmc

Del2005 wrote: »

I'd assume they don't release it from impound till you produce a valid tax disc or have a trailer. Like most things in this country the law and how it's followed are totally different stories.

Post #24 shows that release is not conditional on valid tax.

kilianmanning wrote: »

He has none I guess.
In my case he was told by the guards not to let me out unless I had a trailer

Probably just friendly advice to deter you from committing another offence.