Tax Disc Question

pajero12

Hi Guys,
Do town council traffic wardens have the power to issue fines for not displaying a current tax disc? My uncle recieved a €60 fine for not displaying his tax disc, the car is taxed but he stuck.it in behind the nct cert accidentally,To me it's just a cheap way to earn revenue and I'd just feck it in the fire but he's afraid to,Thanks

CiniO

Yes, they are allowed to issue fines for "non-display" of tax disc.

Fact if vehicle was taxed or not is quite irrelevant. Fine is for "non-display".

bazz26

This offense is not new, it has been around for along time. The fine is for failure to display a valid tax disc on the vehicle. An untaxed vehicles is a separate offense and carries it's own penalty. I also would not advise ignoring it as it could possibly snowball into a court summons and bigger fine.

Silvera

In your Uncle's case he MAY be able to appeal the fine by writing to the council, explaining the situation, and enclosing a colour photocopy of the tax disc.

corktina

he has no grounds to appeal. He didn't display the disc.

pajero12

bazz26 wrote: »

This offense is not new, it has been around for along time. The fine is for failure to display a valid tax disc on the vehicle. An untaxed vehicles is a separate offense and carries it's own penalty. I also would not advise ignoring it as it could possibly snowball into a court summons and bigger fine.

The offense is not the issue, It's the parking attendant issuing it I'm curious about!

bazz26

Yes a traffic warden can issue a ticket and fine, so can a Garda.

corktina

It's quite normal for a Warden's job to include checking tax discs.

pajero12

Silvera wrote: »

In your Uncle's case he MAY be able to appeal the fine by writing to the council, explaining the situation, and enclosing a colour photocopy of the tax disc.

Just to update this, yes we appealed the fine and it was then scrapped :D

CiniO

pajero12 wrote: »

Just to update this, yes we appealed the fine and it was then scrapped :D

This greatly shows the ridiculousness of Irish law system.

First mad thing is that they actually created an offence of non-displaying tax disc which applies when you do have tax, but just don't display it.
And secondly it's even more mad to have fines for non-display scrapped on ground that someone had tax.
What's the point in all this then? What's the point in creating fines for stupid offences like (non-display) and then scrapping it based on fact that tax was up to date even that it was not displayed?

corktina

I suspect that the person hearing the appeal doesn't understand what the fine was for.

privateBeavis

I have a temporary car from garage for the weekend. Just realised there's no tax disc in it (its new 141).
So can I get fined for "non display" or is the garage liable in this case?

Aint Eazy Being Cheezy

privateBeavis wrote: »

I have a temporary car from garage for the weekend. Just realised there's no tax disc in it (its new 141).
So can I get fined for "non display" or is the garage liable in this case?

You're liable, as the driver.

christy02

Duracell Bunny wrote: »

You're liable, as the driver.

He doesn't own the car. No fines are coming the ops way.

corktina

Fine will go to registered owner. I got a ticket in my van for no tax once, the Gard told me not to worry, my Boss would get it, which suited me fine.

Atlantic Dawn

Duracell Bunny wrote: »

You're liable, as the driver.

Owner will be liable, only impact on the driver will be if there was no tax for a period greater than 2 months the car can be seized.

CiniO

christy02 wrote: »

He doesn't own the car. No fines are coming the ops way.

corktina wrote: »

Fine will go to registered owner. I got a ticket in my van for no tax once, the Gard told me not to worry, my Boss would get it, which suited me fine.

Atlantic Dawn wrote: »

Owner will be liable, only impact on the driver will be if there was no tax for a period greater than 2 months the car can be seized.

Both are liable for offence - driver and owner.

73.—(1) Where a vehicle to which this Part applies is used, parked or otherwise kept at any time in a public place, if while the vehicle is being so used, parked or kept there is not fixed to and exhibited on the vehicle in accordance with section 5 (5) of the Act of 1920 a licence which is both issued in respect of the vehicle and is for the time being in force, then the person by whom the vehicle is so used, parked or kept at the time shall be guilty of an offence, and in addition to the person aforesaid, the person (if he is not the person aforesaid) who on the day on which the offence is committed is in relation to the vehicle the relevant person shall also be guilty of an offence.

http://www.irishstatutebook.ie/1976/en/act/pub/0016/print.html#sec73

slimjimmc

CiniO wrote: »

This greatly shows the ridiculousness of Irish law system.

First mad thing is that they actually created an offence of non-displaying tax disc which applies when you do have tax, but just don't display it.
And secondly it's even more mad to have fines for non-display scrapped on ground that someone had tax.
What's the point in all this then? What's the point in creating fines for stupid offences like (non-display) and then scrapping it based on fact that tax was up to date even that it was not displayed?

Presumably because if it was optional to display then I guess many wouldn't display the disc hereby making it so much harder to pick out untaxed cars. ANPR isn't widespread (and not available to Traffic Wardens) so a glance at the windscreen is still the quickest way to check a car's status.