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No van tax

  • 20-01-2015 7:17pm
    #1
    Thespoofer
    Registered Users, Registered Users 2 Posts: 1,101 ✭✭✭


    I got stopped last September with the tax a couple of months out of date. The Garda in fairness didn't take the van from me but warned a fine was on the way.

    I received a Summons today for non display of licence and must go to court in April.

    I did pay the back tax and have paid in advance since then. I'm a bit nervous but what can I expect in court in regards to a fine etc.

    Thanks


Comments

  • #2
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Non display of licence or non display of tax. If its tax go to court and find the Garda who summoned you and show him your back dated and up to date tax certs. He might except it and strike it out.

    If it says licence on the summons, did you show your licence on the day or did the Garda tell you to produce it within 10 days.


  • #3
    Thespoofer
    Registered Users, Registered Users 2 Posts: 1,101 ✭✭✭Thespoofer


    ken wrote: »
    Non display of licence or non display of tax. If its tax go to court and find the Garda who summoned you and show him your back dated and up to date tax certs. He might except it and strike it out.

    If it says licence on the summons, did you show your licence on the day or did the Garda tell you to produce it within 10 days.


    ' while there was not fixed to and exhibited on the vehicle a licence which is both issued in respect of the said vehicle and for the time being in force '

    It's the tax was up at the time. I did explain to the Garda that under the new system I had to pay the back charge anyway so there was no way of me avoiding the tax, albeit a bit late.
    To be honest I'm a bit shocked this has come I the post.

    He didn't ask me to produce anything within 10 days ( I showed him my licence on the spot ).


  • #4
    coylemj
    Registered Users, Registered Users 2 Posts: 25,626 ✭✭✭✭coylemj


    The piece of paper we call a 'tax disc' is officially known as a vehicle 'licence'.

    Sounds like the OP has been summonsed for this offence under the Finance Act 1976.....

    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/sec0073.html#sec73

    OP, a lot of judges are fairly lenient if you turn up and show that all arrears have been paid. Meet the Garda before the case so that he can tell the judge you're now up to date, if the judge is in a good mood you'll get a dismissal. It's effectively (but not technically) a revenue offence so is usually not treated in the same league as no (driving) licence or insurance.


  • #5
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Well you live and learn. Since you have the tax up to date the judge may go easy on you. Really depends on his mood on the day. I'd still suggest talking to the Garda on the day. He may put in a word for you with the judge that'll lessen the blow. Not guaranteed he will but worth a shot.


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


    Thespoofer wrote: »
    It's the tax was up at the time. I did explain to the Garda that under the new system I had to pay the back charge anyway so there was no way of me avoiding the tax, albeit a bit late.
    To be honest I'm a bit shocked this has come I the post.

    If it was simply a case of paying the arrears when you get stopped, nobody would have any incentive to renew their tax disc. You have to see it from the perspective of the Gardai and the state and shouldn't be shocked at all.

    How did the Garda know you weren't going to sell the car the next day? If you did, the new owner wouldn't have been liable for the arrears.


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  • #7
    Thespoofer
    Registered Users, Registered Users 2 Posts: 1,101 ✭✭✭Thespoofer


    coylemj wrote: »
    If it was simply a case of paying the arrears when you get stopped, nobody would have any incentive to renew their tax disc. You have to see it from the perspective of the Gardai and the state and shouldn't be shocked at all.

    How did the Garda know you weren't going to sell the car the next day? If you did, the new owner wouldn't have been liable for the arrears.

    Fair point about the incentive and all that but I was juggling a lot of bills at the time, no excuse of course.
    As far as I'm aware, when selling/ buying a vehicle now all tax must be up to date ? so that wouldn't work. I could be wrong on this.


  • #8
    Thespoofer
    Registered Users, Registered Users 2 Posts: 1,101 ✭✭✭Thespoofer


    coylemj wrote: »
    The piece of paper we call a 'tax disc' is officially known as a vehicle 'licence'.

    Sounds like the OP has been summonsed for this offence under the Finance Act 1976.....

    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/sec0073.html#sec73

    OP, a lot of judges are fairly lenient if you turn up and show that all arrears have been paid. Meet the Garda before the case so that he can tell the judge you're now up to date, if the judge is in a good mood you'll get a dismissal. It's effectively (but not technically) a revenue offence so is usually not treated in the same league as no (driving) licence or insurance.

    That's exactly the act I was summons under.


  • #9
    slimjimmc
    Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    Thespoofer wrote: »
    Fair point about the incentive and all that but I was juggling a lot of bills at the time, no excuse of course.
    As far as I'm aware, when selling/ buying a vehicle now all tax must be up to date ? so that wouldn't work. I could be wrong on this.
    Nope, you don't need up-to-date motor tax in order to transfer registered ownership. Nothing has changed on that front.


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