SORD car stopped by Garda on way to NCT

V.W.L 11

Need advice here lads and lassies please,got a car recently enough,declared it off the road with the S.O.R.D,and this morning I brought it to the nct centre,on the way home with the car I got stopped at a checkpoint within 200 yards of my house,the cop said to produce the tax at a station of my choice "when I get it" now the car has not been used since the day of purchase except to bring it for the test,and will only be used to get it repaired as it failed the test and then to be taken for its retest,any advice please???I could have sworn I read somewhere that I could take it to and from the nct centre whilst declared off the road????

corktina

you can. it's the only exception to keeping the car off the road. You need to speak to the Gard to make sure he isn't going to summons you for no tax. Make sure you print out the relevant bit off the website and take it and evidence you were headed for the NCT

Shame you didn't start a new thread though

V.W.L 11

corktina wrote: »

you can. it's the only exception to keeping the car off the road. You need to speak to the Gard to make sure he isn't going to summons you for no tax. Make sure you print out the relevant bit off the website and take it and evidence you were headed for the NCT

Shame you didn't start a new thread though

a nw thread has been started for some unusual reason,the cop was barely out of his teens by the look of him,the tax only expired on 31st may 2014,i showed him the nct report but he was more interested in the tax,registration number & my licence

colm_mcm

Did you actually tell him you were going to nct centre at the time?






Q15. What if I'm due to have an NCT while my car is off the road?

A15. A vehicle may be used during the period of a non-use declaration in two cases:
 to bring it to and from a test centre for the test; or
 to bring it for repair after a re-test, or back to where you are keeping it while it is off the road after the repairs. This option may only be used where an appointment has already been made for a re-test.
The same rules apply to roadworthiness testing for commercial vehicles.
If you are bringing the vehicle to a test centre or to or from repairs after a test failure, it would be advisable to carry a copy of the appointment for the test or re-test with you.



http://www.louthcoco.ie/en/Louth_County_Council/Latest_News/Declaring-A-Vehicle-Temporarily-Off-The-Road.37483.shortcut.html

Stoolbend

http://www.environ.ie/en/LocalGovernment/MotorTax/QA-DeclaringaVehicleOffTheRoad/#Q15

Beaten by Colm. Damn phone.

V.W.L 11

colm_mcm wrote: »

Did you actually tell him you were going to nct centre at the time?






Q15. What if I'm due to have an NCT while my car is off the road?

A15. A vehicle may be used during the period of a non-use declaration in two cases:
 to bring it to and from a test centre for the test; or
 to bring it for repair after a re-test, or back to where you are keeping it while it is off the road after the repairs. This option may only be used where an appointment has already been made for a re-test.
The same rules apply to roadworthiness testing for commercial vehicles.
If you are bringing the vehicle to a test centre or to or from repairs after a test failure, it would be advisable to carry a copy of the appointment for the test or re-test with you.



http://www.louthcoco.ie/en/Louth_County_Council/Latest_News/Declaring-A-Vehicle-Temporarily-Off-The-Road.37483.shortcut.html

I took out the nct report to show him but he was more interested in the soccer club jersey I was bloody wearing,he done everything but looked at the nct report,the car is back in the lock up now and is staying there til I can figure out is the problem major or minor,only failed on 1 issue ffs :mad:

MAYOMICK

I note the Garda said to produce your tax when you get it.Did he write down your details etc.If he didnt I dont think Id be too worried.

V.W.L 11

MAYOMICK wrote: »

I note the Garda said to produce your tax when you get it.Did he write down your details etc.If he didnt I dont think Id be too worried.

yes he took all my details.that car wont be on the road regularly until it passes its test at the very earliest

CiniO

OP if I were you, I'd print above part of faq from environ.ie website and contacted said guard praying that he will accept it and not issue a summons.
Because if he does issue summons and case goes to court, judge might not base his verdict on website faq but actual law, which unfortunately doesn't seem to have such exception stated in this faq.

djimi

CiniO wrote: »

Because if he does issue summons and case goes to court, judge might not base his verdict on website faq but actual law, which unfortunately doesn't seem to have such exception stated in this faq.

If its not law then why would the Garda care what the website says?

V.W.L 11

CiniO wrote: »

OP if I were you, I'd print above part of faq from environ.ie website and contacted said guard praying that he will accept it and not issue a summons.
Because if he does issue summons and case goes to court, judge might not base his verdict on website faq but actual law, which unfortunately doesn't seem to have such exception stated in this faq.

I have the nct test report which would be be indentical in date to him stopping me and the time difference wouldn't be much either,looked like a rookie looking for his stripes,that car is parked up again and he can issue a summons if he wants also because he never gave me his name

CiniO

djimi wrote: »

If its not law then why would the Garda care what the website says?

Because garda is likely not to know the law - so they would believe a faq from official website.
Judge in court can't base his verdict on website faq.

visual

V.W.L 11 wrote: »

I have the nct test report which would be be indentical in date to him stopping me and the time difference wouldn't be much either,looked like a rookie looking for his stripes,that car is parked up again and he can issue a summons if he wants also because he never gave me his name

Garda giving you their name or not is not relevant.

It would be best if you produced everything in local station including information on driving while car is SORD to and from nct.

Otherwise you'll be explaining it all in court and that is 1/2 day wasted.

Jimfo1970

I would write directly to the Superintendent and set out what exactly happened and ask him to confirm that all is in order. If you do get a summons then the Judge can clearely see what the position is. When it comes to matters like this I always put everything in writing and I can think of a couple of instances in the past that if I had not of done so that it may of had a different outcome altogether.

An old wise solicitor once told me whatever you can put in writing always do so and I always follow this advice.

corktina

V.W.L 11 wrote: »

yes he took all my details.that car wont be on the road regularly until it passes its test at the very earliest

that word "regularly" could blow you out of the water.

V.W.L 11

I only got the SORD declaration done at the start of this week,the nct appointment was given to me only on Thursday night as it was a cancellation and they had me on a priority list,i'll forward all the info to the local superintendent and hope for the best I guess,do I produce the SORD receipt I got from the tax office also???

V.W.L 11

corktina wrote: »

that word "regularly" could blow you out of the water.

i'll rephrase,the car WONT be used until it has passed its NCT, the only exception is to bring it to be repaired and to/from the test centre which is the only exception I believe from what Colm MCM posted earlier

kilianmanning

Why would it be a summons for no tax? Usually its either a €60 fine for non display or the car seized there & then.

djimi

CiniO wrote: »

Because garda is likely not to know the law - so they would believe a faq from official website.
Judge in court can't base his verdict on website faq.

Wow

Buffman

Hi OP, I wouldn't get too worried about it, you're allowed to drive in that situation. I'd produce the documents at the station. Your 'off the road' receipt and proof of NCT date will cover you for the tax.

The actual law takes a bit of digging to find, from the Non-Use act:

(6) A person may use a vehicle in a public place in relation to which a non-use declaration has been furnished to and accepted by the licensing authority concerned, during the period specified in the non-use declaration, provided that the vehicle is used solely for the purposes referred to in section 20(1)(b)(iii).

But when you go to find 20(1)(b)(iii) in the Finance act, you find it doesn't exist.

You have to go the Local Goverment act to find it.

(iii) a vehicle that is being used in a public place solely for the purposes of—

(I) bringing it to the premises of an authorised tester for the purpose of the carrying out of a test in respect of it (in accordance with an appointment made with that tester for the carrying out of such a test at a particular time on a particular date),

(II) bringing it away from the premises of an authorised tester after the test referred to in clause (I) has been completed or, if circumstances preventing the carrying out or completion of that test arise, bringing it away from those premises on those circumstances arising,

(III) bringing it to a premises for the purpose of the carrying out by a person of repair work in respect of it (in accordance with an appointment made with that person for such work to be carried out at a particular time on a particular date): provided that an appointment has been made with an authorised tester for the carrying out of a test in respect of the vehicle subsequent to the said repair work being completed, or

(IV) bringing it away from the premises referred to in clause (III) after the repair work referred to in that clause has been completed or, if circumstances preventing the carrying out or completion of that work arise, bringing it away from those premises on those circumstances arising.”,

V.W.L 11

Buffman wrote: »

Hi OP, I wouldn't get too worried about it, you're allowed to drive in that situation. I'd produce the documents at the station. Your 'off the road' receipt and proof of NCT date will cover you for the tax.

The actual law takes a bit of digging to find, from the Non-Use act:
But when you go to find 20(1)(b)(iii) in the Finance act, you find it doesn't exist.

You have to go the Local Goverment act to find it.

OP thank you for that!i will furnish those documents to the gardai today!he had no interest in seizing the car from me but was obsessed with the tax being 4 weeks out of date (May 31st) he did say the traffic corps would take it off me however

corktina

kilianmanning wrote: »

Why would it be a summons for no tax? Usually its either a €60 fine for non display or the car seized there & then.

Tax has to be out two months before they will seize it

V.W.L 11

corktina wrote: »

Tax has to be out two months before they will seize it

spot on tina,i am going to the Garda Station with the documentation at 3.30pm so i will let you know what they say.

ironclaw

djimi wrote: »

Wow

Gardai, at least the few I have dealt with, have little grounding in law. I knew more about the Firearms Act than the Firearms Officer in my local station for example. Its probably for good reason, if you were arrested or cautioned under the wrong Act or Statue then you can have a pretty quick 'out'

Jimfo1970

V.W.L 11 wrote: »

spot on tina,i am going to the Garda Station with the documentation at 3.30pm so i will let you know what they say.

By all means produce your documentation at your local station but I would still write to the Superintentant setting out the details. From experience this is the best way of dealing with matters like this.

My brother once produced insurance and still got a summons. The Garda took his documents at the front desk and took them to a back room to record them. Whatever happened there was no record of him producing them. He did not see the Garda making the entry in the book so he does not know what transpired after he handed the documents to him. Since then we always insist in seeing the entry in the book if any of us are asked to produce documents.

I would advise you to talk to the Garda that stopped you and if you are not fully happy that that is the end of the matter then I would also write to the Superintendant. Talking to Guards in the station or producing documents might not conclude the matter. It is quite common to receive a summons many months later so have your ducks lined up just in case.

Jim

V.W.L 11

Jimfo1970 wrote: »

By all means produce your documentation at your local station but I would still write to the Superintentant setting out the details. From experience this is the best way of dealing with matters like this.

My brother once produced insurance and still got a summons. The Garda took his documents at the front desk and took them to a back room to record them. Whatever happened there was no record of him producing them. He did not see the Garda making the entry in the book so he does not know what transpired after he handed the documents to him. Since then we always insist in seeing the entry in the book if any of us are asked to produce documents.

I would advise you to talk to the Garda that stopped you and if you are not fully happy that that is the end of the matter then I would also write to the Superintendant. Talking to Guards in the station or producing documents might not conclude the matter. It is quite common to receive a summons many months later so have your ducks lined up just in case.

Jim

Just back from the Garda station,spoke with the actual Garda who stopped me,showed him all the documentation,nct report,logbook,SORD,and I said from my understanding the act says I am allowed to take it for nct testing/repair,to which he replied "that's no problem" I may need to follow this up with his superintendent,i just seen him arrive back at the station with a seized car funnily enough

Jimfo1970

V.W.L 11 wrote: »

Just back from the Garda station,spoke with the actual Garda who stopped me,showed him all the documentation,nct report,logbook,SORD,and I said from my understanding the act says I am allowed to take it for nct testing/repair,to which he replied "that's no problem" I may need to follow this up with his superintendent,i just seen him arrive back at the station with a seized car funnily enough

If the Garda is happy enough then that should be the end of it. Just make a note of the dates and the times that you spoke to him and keep it safely. If you think that the Garda is not fully buying your story then I would definately write to the Superintendant and put it on record.