NCT summons query

moby2101

Quick question re summons for NCT.
My sister moved to France last year, left her car here, wasn't sure whether to take car with her or sell it because RHD etc.. while she was away car was parked up @ parents, NCT expired,(car was fully taxed and Insured for another 6 months) ..she was home for a friend's wedding and drove her car and was stopped by Garda ( NCT out 6 weeks).. Car was impounded but she wasn't told whether they were going to summons her or not? We retrieved the car for her and got it thru NCT and it has been sold since. She's now living in France, this happened over 9 months ago, she's not heard anything since? No post or summons to my parents house where she was living prior to move? Is there a 6 month time limit on a summons being issued, she's worried  about having to return to attend a court summons at short notice as she doesn't have holidays built up yet in new job. Thanks

Henry Ford III

Something isn't right there. They don't impound a car with a 6 week expired NCT.

moby2101

In this case they did! Am I right in thinking that she isn't going to get a summons as it was 10 months ago?

Kenny Logins

How did they release it if it was impounded for having no NCT? It's usually tax - present the disc and they release the car.

coolabula

I was stopped for driving a car with no nct, they let me go and I didn't hear anything for a year then summons in the post. Got 5 penalty points and a €50 fine

moby2101

Ok, so she's not out of the woods then! Can she contact the Gardaí or District Court to see f there is a summons pending?

filbert the fox

Henry Ford III wrote: »

Something isn't right there. They don't impound a car with a 6 week expired NCT.

Why not. ? Are you saying the OP is economical with the truth?

This " ah sure it'll be grand" attitude no longer holds water. Why introduce legislation if it's not going to be enforced?

Henry Ford III

filbert the fox wrote: »

Why not. ? Are you saying the OP is economical with the truth?

This " ah sure it'll be grand" attitude no longer holds water. Why introduce legislation if it's not going to be enforced?

No. It just read a little...erm...draconian. If it's happening regularly and evenly I've no issues with it.

Atlantic Dawn

Was the car out if NCT because it was a death trap and a risk to her and other road users, ie bald tyres, major defects etc?

biko

There is no limit that I know of, not 6 months anyway.
No need to worry over something she cannot control. If it happens it happens.

Kenny Logins

filbert the fox wrote: »

Why not. ? Are you saying the OP is economical with the truth?

This " ah sure it'll be grand" attitude no longer holds water. Why introduce legislation if it's not going to be enforced?

..because we've never heard of this happening before. Even with tax out 6 weeks you wouldn't expect the car to be impounded. If it was impounded for a six-week (NCT backlog is longer than this) lapse in NCT, I assume it had to be trailered out of there?

It does sound odd.

moby2101

Kenny Logins wrote: »

..because we've never heard of this happening before. Even with tax out 6 weeks you wouldn't expect the car to be impounded. If it was impounded for a six-week (NCT backlog is longer than this) lapse in NCT, I assume it had to be trailered out of there?

It does sound odd.

Hi,
Nothing odd as far as I'm aware. One garda sat into it and drove it off from Checkpoint..as I said NCT was out (tax + Insurance were up to date).. she had to produce her proof of ownership the next day at Garda station to get a release form to take to the impound yard.

The reason I'm asking is as far as I'm aware you're generally summonsed within 6 month window within the timeframe..
We were just chatting about this over the weekend and she was enquiring about it, it's actually 10 months ago now!

Can she contact the Garda station or District Court office directly and ask if she's going to receive a summons?
Thanks for your replies

ironclaw

You mean she had a car impounded for no NCT and was allowed drive it home the very next day?

The mind boggles.

I'd imagine the statue limitations of the Road Traffic Act applies, which I thought was 6 months for a summons. I could very well be wrong as the other poster said, it was over a year.

Spook_ie

moby2101 wrote: »

Hi,
Nothing odd as far as I'm aware. One garda sat into it and drove it off from Checkpoint..as I said NCT was out (tax + Insurance were up to date).. she had to produce her proof of ownership the next day at Garda station to get a release from the impound yard.

The reason I'm asking is as far as I'm aware you're generally summonsed within a next month window within the timeframe..
We were just chatting about this over the weekend and she was enquiring about it, it's actually 10 months ago now!

Can she contact the Garda station or District Court office directly and ask if she's going to receive a summons?
Thanks for your replies

Sounds like the reason for impounding was the Gardai weren't convinced she was who she said she was

moby2101

No, I don't think so.. she had her full drivers licence..

moby2101

ironclaw wrote: »

You mean she had a car impounded for no NCT and was allowed drive it home the very next day?

The mind boggles.

I'd imagine the statue limitations of the Road Traffic Act applies, which I thought was 6 months for a summons. I could very well be wrong as the other poster said, it was over a year.

Exactly, I looked up the Citizens Advise website and there is some suggestion there that a summons for the district court must be issued within 6 months?

slimjimmc

moby2101 wrote: »

Exactly, I looked up the Citizens Advise website and there is some suggestion there that a summons for the district court must be issued within 6 months?

The Gardaí must make a complaint to the District Court within 6 months (Petty Sessions Act 1851 10.4) but I don't think the summons itself must be issued within that deadline. The only deadline I can find is that the summons must be served by hand not less than 7 days before the court date or not less than 21 days if served by registered post.

Little CuChulainn

Kenny Logins wrote: »

..because we've never heard of this happening before. Even with tax out 6 weeks you wouldn't expect the car to be impounded. If it was impounded for a six-week (NCT backlog is longer than this) lapse in NCT, I assume it had to be trailered out of there?

It does sound odd.

Tax must be out 2 clear months before a car can be seized but it can be taken straight away if the NCT or insurance is expired.

CiniO

Kenny Logins wrote: »

How did they release it if it was impounded for having no NCT? It's usually tax - present the disc and they release the car.

It's not.
Car is the owner property and they can not refuse to release it just because it's not taxed.
If you are stopped without tax, then car might get impounded as it's illegal to use (f.e. drive or park) a car in public place without tax.
But nothing is stopping the owner from bringing car out of impound yard the same evening on the towing truck without paying the tax.
Fact that you were caught driving without tax, doesn't mean you have to pay it.

Same story with NCT.

Sh1tbag OToole

it will be grand, sure

sheff the ref

What happens if a car owner is on a waiting list of 4 months for an NCT test??

slimjimmc

sheff the ref wrote: »

What happens if a car owner is on a waiting list of 4 months for an NCT test??

Once your driving around with an over due NCT you run the risk of sanction. It's only the discretion of the Garda that prevents you being actioned.

filbert the fox

CiniO wrote: »

It's not.
Car is the owner property and they can not refuse to release it just because it's not taxed.
If you are stopped without tax, then car might get impounded as it's illegal to use (f.e. drive or park) a car in public place without tax.
But nothing is stopping the owner from bringing car out of impound yard the same evening on the towing truck without paying the tax.
Fact that you were caught driving without tax, doesn't mean you have to pay it.

Same story with NCT.

This is barmy. I cannot see the logic to this EXCEPT if the Gardai definitely prosecute for non display in ALL cases of seizure. There must be some payback otherwise the towing fees are not enough of a financial disincentive

slimjimmc

filbert the fox wrote: »

This is barmy. I cannot see the logic to this EXCEPT if the Gardai definitely prosecute for non display in ALL cases of seizure. There must be some payback otherwise the towing fees are not enough of a financial disincentive

It's true. If your car is seized for no NCT you can retrieve it by paying the impound fee and storage charges. Impound fees are €125 and storage charges are €35 per day after the initial 24hrs. When you add in the €60 fixed penalty charge you're faced with a bill of at least €185 . If you get a tow truck to bring the car home the cost goes even higher. A minimum €185 seems a decent enough of a financial disincentive to me.

You may drive the car away without an NCT but you're committing the offence again and if a Garda catches you he can seize the car immediately.

CiniO

filbert the fox wrote: »

This is barmy. I cannot see the logic to this EXCEPT if the Gardai definitely prosecute for non display in ALL cases of seizure. There must be some payback otherwise the towing fees are not enough of a financial disincentive

Only reason for towing away a car which is untaxed, unncted or uninsured, is to prevent it from being driven there and then, as it's not road legal.
It's not a penalty for not having the above items.
So you can take your car back from impound lot anytime you wish, without sorting nct, tax or insurance provided you tow it away on truck or trailer.