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NCT - Fail Dangerous

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  • 28-02-2014 9:21am
    #1
    Registered Users Posts: 4


    I had no passed the NCT and received the Failed Dangerous label on windscreen.
    If I will repair the car, can I drive the car till retest time? Thanks.


«1345

Comments

  • Registered Users Posts: 81,223 ✭✭✭✭biko


    I would not think so, the car will still be classed as dangerous by nct until they have tested it again.
    Ring them and ask.


  • Moderators, Business & Finance Moderators Posts: 17,694 Mod ✭✭✭✭Henry Ford III


    Don't even think about it.


  • Registered Users Posts: 1,652 ✭✭✭Chimaera


    Fail dangerous means it's illegal to use the car on the road until the fault is repaired. You'll have to have it towed to the NCT centre for the retest too.


  • Registered Users Posts: 13,685 ✭✭✭✭wonski


    Well, when it is repaired then you can drive it.
    The car is not to be driven until the dangerous fail is repaired.

    Had one of these stickers up - the bonnet didn't seem to be closed properly.
    They let me do it, agreed it is ok and allowed me to drive away. They couldn't - however - remove the dangerous fail at that time from the system. I didn't have to tow it back for retest.


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


    I'd say you can't drive it on the road AT ALL until it passes a test, even if the fault has been fixed because it may not have been fixed properly in which case it is still dangerous.


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  • Registered Users Posts: 13,685 ✭✭✭✭wonski


    http://www.rsa.ie/rsa/your-vehicle/your-vehicle-/nct/

    Fail Dangerous

    Where a vehicle has a dangerous defect i.e. a defect that constitutes a direct and immediate risk to road safety such that the vehicle should not be used on the road under any circumstances, the NCT vehicle inspector will issue a Failed Dangerous result.
    It is an offence to drive a dangerously defective vehicle on the public road. The penalty for such an offence is a fine of up to €2000 and 5 penalty points on conviction and/or 3 months imprisonment, (Offence under Section 54 of the Road Traffic Act 1961 and related amendments).
    When the result is Failed Dangerous the NCT vehicle inspector will advise you as follows:
    • Of the existence, extent and nature of the defect.
    • That if you drive a mechanically propelled vehicle in a public place while there is a defect affecting the vehicle which you know of or could have discovered by the exercise of ordinary care and which is such that the vehicle is, when in motion, a danger to the public, you shall be guilty of an offence.
    • That in the opinion of NCTS the vehicle is dangerous.
    • That you must make arrangements to have the vehicle removed from the test centre.
    A sticker stating “Failed Dangerous” will be attached to the vehicle and the vehicle inspector will issue you with a statement regarding requirements for vehicles with a failed dangerous result.




    If it is fixed it is fixed. Some of those dangerous defects are simple fix actually.
    Some might be just a metal scrap.


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


    it isn't fixed until it is re-tested surely.


  • Moderators, Business & Finance Moderators Posts: 17,694 Mod ✭✭✭✭Henry Ford III


    wonski wrote: »
    http://www.rsa.ie/rsa/your-vehicle/your-vehicle-/nct/

    Fail Dangerous

    Where a vehicle has a dangerous defect i.e. a defect that constitutes a direct and immediate risk to road safety such that the vehicle should not be used on the road under any circumstances, the NCT vehicle inspector will issue a Failed Dangerous result.
    It is an offence to drive a dangerously defective vehicle on the public road. The penalty for such an offence is a fine of up to €2000 and 5 penalty points on conviction and/or 3 months imprisonment, (Offence under Section 54 of the Road Traffic Act 1961 and related amendments).
    When the result is Failed Dangerous the NCT vehicle inspector will advise you as follows:
    • Of the existence, extent and nature of the defect.
    • That if you drive a mechanically propelled vehicle in a public place while there is a defect affecting the vehicle which you know of or could have discovered by the exercise of ordinary care and which is such that the vehicle is, when in motion, a danger to the public, you shall be guilty of an offence.
    • That in the opinion of NCTS the vehicle is dangerous.
    • That you must make arrangements to have the vehicle removed from the test centre.
    A sticker stating “Failed Dangerous” will be attached to the vehicle and the vehicle inspector will issue you with a statement regarding requirements for vehicles with a failed dangerous result.




    If it is fixed it is fixed. Some of those dangerous defects are simple fix actually.
    Some might be just a metal scrap.

    If the car has been issued a "fail dangerous" tag at NCT the decision to classify it as safe again is surely theirs too.


  • Registered Users Posts: 8,720 ✭✭✭Hal1


    Is there an echo in here?


  • Registered Users Posts: 16,072 ✭✭✭✭CiniO


    corktina wrote: »
    I'd say you can't drive it on the road AT ALL until it passes a test, even if the fault has been fixed because it may not have been fixed properly in which case it is still dangerous.
    corktina wrote: »
    it isn't fixed until it is re-tested surely.

    That's incorrect.
    There isn't such offence as "driving car with fail dangerous" sticker on it.

    Driving car which is dangerous is offence though.

    Once you fix the problem, car is not dangerous anymore and there is nothing stopping anyone from driving it.


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  • Registered Users Posts: 16,072 ✭✭✭✭CiniO


    If the car has been issued a "fail dangerous" tag at NCT the decision to classify it as safe again is surely theirs too.

    No.
    They classified car as dangerous.
    You can't drive away from NCT centre, as you would be driving dangerous car.

    But once you fix the issue, car is not dangerous anymore and you can drive it.

    NCT doesn't need to clasify anything.


    If vehicle was dangerous and did not attended NCT, it still would be an offence to drive it, even though no one issued "fail dangerous" sticker.


  • Moderators, Business & Finance Moderators Posts: 17,694 Mod ✭✭✭✭Henry Ford III


    CiniO wrote: »
    No.
    They classified car as dangerous.
    You can't drive away from NCT centre, as you would be driving dangerous car.

    But once you fix the issue, car is not dangerous anymore and you can drive it.

    NCT doesn't need to clasify anything.


    If vehicle was dangerous and did not attended NCT, it still would be an offence to drive it, even though no one issued "fail dangerous" sticker.

    So the NCT decide that a car is dangerous and can't be driven, but anyone can decide it's no longer so.

    That's the most ludicrous thing I've read here in some time.


  • Registered Users Posts: 1,072 ✭✭✭keithsfleet


    Can't believe no one had asked yet...

    OP what did it fail on?


  • Moderators, Business & Finance Moderators Posts: 17,694 Mod ✭✭✭✭Henry Ford III


    Just thinking on this a little more.

    Why not instruct the NCT testers not to bother testing the brakes, or perhaps the emissions - because you've fixed them too and they're fine :D


  • Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    CiniO wrote: »

    Once you fix the problem, car is not dangerous anymore and there is nothing stopping anyone from driving it.

    And who verifies it's not dangerous anymore.........?


  • Registered Users Posts: 16,072 ✭✭✭✭CiniO


    So the NCT decide that a car is dangerous and can't be driven, but anyone can decide it's no longer so.

    That's the most ludicrous thing I've read here in some time.


    You are half wrong.

    NCT decides that car is dangerous - that's all.
    NCT can not prohibit anyone to drive a car.

    Only reason why the car can't be driven, is because it's dangerous and it's illegal to drive a dangerous car. Not because NCT centre issued a "fail dangerous" status on the car.

    There is not such thing legally as "fail dangerous" status.
    Only reason to put "fail dangerous" sticker on the car by NCT is to inform the driver that car is dangerous and it's illegal to drive it.

    Once the issue which caused car to be dangerous is fixed, car can be driven again.

    If you don't agree with that, please provide any proof - f.e. any law stating it's illegal to drive a car to which NCT centre issued "fail dangerous" status.
    But I can tell you straight away not to even bother, as there is no such law.


  • Registered Users Posts: 16,072 ✭✭✭✭CiniO


    And who verifies it's not dangerous anymore.........?

    Who says it must be verified?

    It's illegal to drive dangerous car. It's up to driver to make sure car he drives is not dangerous.


    It has nothing to do with NCT, except they inform you that car in dangerous.

    If half year after NCT your breaks stop working, your car will be dangerous.
    It's up to you to decide not to drive it, as if you do, you will break the law by by driving dangerous car.

    Once you fix the brakes, you are again OK to drive it, as car in not dangerous anymore. No one needs to verify it.

    All role of NCT is to inform you if they discover that car is dangerous. It's up to you to make sure you don't drive dangerous car.


  • Registered Users Posts: 81,223 ✭✭✭✭biko


    CiniO wrote: »
    That's incorrect.
    There isn't such offence as "driving car with fail dangerous" sticker on it.

    Driving car which is dangerous is offence though.

    Once you fix the problem, car is not dangerous anymore and there is nothing stopping anyone from driving it.
    It is an offence according to the nct manual, page 5
    Fail Dangerous
    When a vehicle is failed because of a dangerous defect (Defects that constitute a direct and immediate risk to road safety such that the vehicle should not be used on the road under any circumstances) the Vehicle Inspector should proceed as follows:
    The customer must be informed:
    • That the owner and/or driver of a mechanically propelled vehicle who drives a mechanically propelled vehicle in a public place while there is a defect affecting the vehicle which he knows of or could have discovered by the exercise of ordinary care and which is such that the vehicle is, when in motion, a danger to the public shall be guilty of an offence.
    ...
    * A sticker stating “Failed Dangerous” should be attached to the vehicle
    * If customer drives the vehicle off the premises the incident must be reported to An Garda Síochána immediately.

    Now, I don't know if it's still an offence to drive car once it has been repaired but not yet tested.


  • Registered Users Posts: 16,072 ✭✭✭✭CiniO


    Just thinking on this a little more.

    Why not instruct the NCT testers not to bother testing the brakes, or perhaps the emissions - because you've fixed them too and they're fine :D

    You are talking about completely different thing now.

    NCT is a legal requirement. Car must undergo the test every so often.
    And testing everything on from NCT manual is just part of the test.
    If something that is being tested fails, car won't get a cert. Simples.

    But it has nothing to do with driving dangerous car.


  • Registered Users Posts: 16,072 ✭✭✭✭CiniO


    biko wrote: »
    It is an offence according to the nct manual, page 5
    Sorry, but try to read it again, and tell me where this quotation says it's an offence to "drive a car which failed dangerous"...
    Because IMHO it doesn't say anything like that.

    All it says is definition of dangerous defect:
    (Defects that constitute a direct and immediate risk to road safety such that the vehicle should not be used on the road under any circumstances
    Now, I don't know if it's still an offence to drive car once it has been repaired but not yet tested.

    But I know. It isn't an offence to drive a car which is safe.


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  • Registered Users Posts: 305 ✭✭TheHappyChappy


    wonski wrote: »
    Well, when it is repaired then you can drive it.
    The car is not to be driven until the dangerous fail is repaired.

    Had one of these stickers up - the bonnet didn't seem to be closed properly.
    They let me do it, agreed it is ok and allowed me to drive away. They couldn't - however - remove the dangerous fail at that time from the system. I didn't have to tow it back for retest.

    cheers for addition of common sense


  • Moderators, Business & Finance Moderators Posts: 17,694 Mod ✭✭✭✭Henry Ford III


    CiniO wrote: »
    ...It isn't an offence to drive a car which is safe.

    Of course it's not - but Joe Public is in no position to decide what's dangerous and what isn't.


  • Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    cheers for addition of common sense

    The bonnet not closing properly isn't necessarily the same as the ops as yet unspecified issue. The back axle could be hanging off it for all we know.


  • Registered Users Posts: 16,072 ✭✭✭✭CiniO


    Of course it's not - but Joe Public is in no position to decide what's dangerous and what isn't.

    Of course Joe Public is in position to decide it.

    As I've written above.
    If your brakes fail, it's up to you to decide not to drive a car as it's dangerous.
    When you fix the brakes, you can drive it again, as car in not dangerous anymore.
    You don't need a confirmation from anyone...

    Beside you are just presenting your opinion.

    Fact are however saying, that it's illegal to drive dangerous car.
    Noting illegal about driving a car which was dangerous and was fixed.

    There is no law with procedure that car needs to be verified by anyone once it's fixed after being dangerous.


  • Registered Users Posts: 16,072 ✭✭✭✭CiniO


    The bonnet not closing properly isn't necessarily the same as the ops as yet unspecified issue. The back axle could be hanging off it for all we know.

    OP never asked if he can drive dangerous car.
    He asked if he can drive a car after it's fixed.

    Answer is - yes. Provided car is safe, has all paperwork (NCT, TAX, INsurance) and driver is licenced to drive it.


  • Registered Users Posts: 7,787 ✭✭✭slimjimmc


    Of course it's not - but Joe Public is in no position to decide what's dangerous and what isn't.

    No, but the law is clear. It's only an offence to drive a vehicle that has a dangerous defect, not had.
    It would be up to the authorities to prove is dangerous.

    A qualified motor mechanic/tyre mechanic is much better qualified than Joe Public and just as qualified as an NCT tester to determine if the repaired car is safe or not.

    The issue of certifying the car is safe or not is a separate matter.


  • Moderators, Business & Finance Moderators Posts: 17,694 Mod ✭✭✭✭Henry Ford III


    CiniO wrote: »
    OP never asked if he can drive dangerous car.
    He asked if he can drive a car after it's fixed.

    Answer is - yes. Provided car is safe, has all paperwork (NCT, TAX, INsurance) and driver is licenced to drive it.

    This is getting laughable.

    The car failed it's NCT due to being dangerous. How in that case could it have a valid NCT cert?


  • Registered Users Posts: 7,787 ✭✭✭slimjimmc


    This is getting laughable.

    The car failed it's NCT due to being dangerous. How in that case could it have a valid NCT cert?

    Easy, do the test before the due date. Even if you fail your current cert is still very valid until its expiry date.


  • Registered Users Posts: 16,072 ✭✭✭✭CiniO


    This is getting laughable.

    The car failed it's NCT due to being dangerous. How in that case could it have a valid NCT cert?

    Most reasonable people do their NCT before expiry of previous NCT disc.
    If you fail your test, and vehicle gets "fail dangerous" it still doesn't mean that previous NCT disc is invalidated.
    It's still valid, so once vehicle is fixed and not dangerous anymore, it can be driven.


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  • Banned (with Prison Access) Posts: 1,151 ✭✭✭rovoagho


    Exactly. No need for the histrionics.


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