Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Please note that it is not permitted to have referral links posted in your signature. Keep these links contained in the appropriate forum. Thank you.

https://www.boards.ie/discussion/2055940817/signature-rules
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Nct fine

  • 01-04-2015 4:05pm
    #1
    Registered Users, Registered Users 2 Posts: 3,201 ✭✭✭


    Lads looking for some advise!

    I got stopped before Christmas in a random checkpoint And the gard told me I need to get my nct done. I bought my car 2 years ago out of a garage & was a english import so wasn't needed at the time. Plus I never got a letter from nct centre.

    Anyway I rang and booked it in straight away, got a date in march! 3 days before it was due I got stopped taking a wrong turn and fined plus he fined me for no nct! i told him it was due on Monday (3 days time) and it was earliest date I could get!

    He didnt want to know! so took car to nct that Mondayb and passed as its in great nick, everyone is telling me to fight it in court I know nothing about cars and have never been in court just pay tax and that etc when I get notified.

    If I go to court have I a chance of winning as I dont want the points!

    I hold my hand up for the wrong turn and have paid that fine and took a copy to show the Judge if I do go to court.


Comments

  • Registered Users, Registered Users 2 Posts: 2,865 ✭✭✭9935452


    benny79 wrote: »
    Lads looking for some advise!

    I got stopped before Christmas in a random checkpoint And the gard told me I need to get my nct done. I bought my car 2 years ago out of a garage & was a english import so wasn't needed at the time. Plus I never got a letter from nct centre.

    Anyway I rang and booked it in straight away, got a date in march! 3 days before it was due I got stopped taking a wrong turn and fined plus he fined me for no nct! i told him it was due on Monday (3 days time) and it was earliest date I could get!

    He didnt want to know! so took car to nct that Mondayb and passed as its in great nick, everyone is telling me to fight it in court I know nothing about cars and have never been in court just pay tax and that etc when I get notified.

    If I go to court have I a chance of winning as I dont want the points!

    I hold my hand up for the wrong turn and have paid that fine and took a copy to show the Judge if I do go to court.

    Did you get a penalty point notice for having no nct? 3 penalty points i think for no nct and 5 in court if you take it there and lose.
    How long were you driving the car for when it should have had an nct?


  • Registered Users, Registered Users 2 Posts: 23,795 ✭✭✭✭mickdw


    I don't know why you would be troubling a judge with this. If you were on the road and your car is over 4 years old, it is your responsibility to have it tested.
    You do not have a leg to stand on.
    It's not like you rang up to book when the car was about 3.5 years old. You were stopped with no test, given a chance that day. You were stopped the second time and we're not so lucky.
    Your problem, No case.
    The first garda giving you a chance did not give you a green light to continue driving untested.


  • Registered Users, Registered Users 2 Posts: 5,245 ✭✭✭myshirt


    Rather than gladly slap you, the judge will in fact have very limited discretion. They have to hand down the law.

    I won't say point blank you haven't a leg to stand on, as sher look didn't OJ get off, but plainly my friend, 5 points in the kisser. Painful.


  • Closed Accounts Posts: 7,569 ✭✭✭Special Circumstances


    myshirt wrote: »
    I won't say point blank you haven't a leg to stand on, as sher look didn't OJ get off

    Yeah I'd say the chewbacca defense is the best way to play this one.



    After that you're left with the "Garda was not wearing official headgear your honour" defense or the Freeman defense. Not Morgan Freeman defense, the nonsensical re-definition of everyday concepts Freeman defense
    http://www.independent.ie/regionals/enniscorthyguardian/news/bobby-of-the-family-sludds-may-be-jailed-27250040.html


  • Registered Users, Registered Users 2 Posts: 3,201 ✭✭✭benny79


    its 3 points and a €60 fine I should have done my nct a year ago apparently so its up again in July! but the think is that law only came in at the start of the year!

    and when I was stopped the first time I booked it straight away! 3 months was the earliest date I could get! When I got done, my car done the nct 3 days later and passed everyone is telling to go to court, as for 1 if the garda doesnt show, your off straight away, and 2 the judge will see I paid the fine for the wrong turn (as I took a copy & have receipt plus he will see from dates I did my test 3 days later & would know you couldn't get a test that quick!

    Its not my fault there's a 3 month waiting list.

    The chap in the nct that tested my car even said he'd go to court and fight it, if it was him, that the garda was just a prcik sure I had the date in my phone and he didnt want to know, wouldn't even look!.


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 23,795 ✭✭✭✭mickdw


    benny79 wrote: »
    its 3 points and a €60 fine I should have done my nct a year ago apparently so its up again in July! but the think is that law only came in at the start of the year!

    and when I was stopped the first time I booked it straight away! 3 months was the earliest date I could get! When I got done, my car done the nct 3 days later and passed everyone is telling to go to court, as for 1 if the garda doesnt show, your off straight away, and 2 the judge will see I paid the fine for the wrong turn (as I took a copy & have receipt plus he will see from dates I did my test 3 days later & would know you couldn't get a test that quick!

    Its not my fault there's a 3 month waiting list.

    The chap in the nct that tested my car even said he'd go to court and fight it, if it was him, that the garda was just a prcik sure I had the date in my phone and he didnt want to know, wouldn't even look!.

    The law requiring that you have a valid nct cert is in for years and the minor changes to the nct system have no relevance here.
    Still you don't seem to be for turning so my advice is to go ahead, tell it to the judge just like you told it here and come on here again when you get the 5 points complaining that The system isn't fair.
    Going by this thread, not alone did you fail to have a valid test on the car when stopped, I would guess you failed the attitude test also.


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    mickdw wrote: »
    I don't know why you would be troubling a judge with this.

    Because the crowd that run the NCt are not able to keep up with demand and cannot even follow their own charter due to the workload.


  • Registered Users, Registered Users 2 Posts: 471 ✭✭Dave 101


    benny79 wrote: »
    its 3 points and a €60 fine I should have done my nct a year ago apparently so its up again in July! but the think is that law only came in at the start of the year!

    and when I was stopped the first time I booked it straight away! 3 months was the earliest date I could get! When I got done, my car done the nct 3 days later and passed everyone is telling to go to court, as for 1 if the garda doesnt show, your off straight away, and 2 the judge will see I paid the fine for the wrong turn (as I took a copy & have receipt plus he will see from dates I did my test 3 days later & would know you couldn't get a test that quick!

    Its not my fault there's a 3 month waiting list.

    The chap in the nct that tested my car even said he'd go to court and fight it, if it was him, that the garda was just a prcik sure I had the date in my phone and he didnt want to know, wouldn't even look!.

    if the garda was a pirck then he goin to be a bigger pirck when you drag him to court, the onus on you is to have nct, if it was due a year ago and you booked then and had to wait the 3 months that might be a defence but it was over due by 6 month before you booked it, id recommend just pay the fine nd take the points


  • Registered Users, Registered Users 2 Posts: 3,201 ✭✭✭benny79


    so know one thinks I'll have a chance in court?


  • Registered Users, Registered Users 2 Posts: 3,474 ✭✭✭vandriver


    benny79 wrote: »
    so know one thinks I'll have a chance in court?

    Seems that way.


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 2,223 ✭✭✭PukkaStukka


    myshirt wrote: »
    Rather than gladly slap you, the judge will in fact have very limited discretion. They have to hand down the law.

    I won't say point blank you haven't a leg to stand on, as sher look didn't OJ get off, but plainly my friend, 5 points in the kisser. Painful.

    Can the judge not apply the probation act here or a donation to the poor box in lieu of a fine / points? Methinks this thread is better suited to the legal forum.


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


    benny79 wrote: »
    its 3 points and a €60 fine I should have done my nct a year ago apparently so its up again in July! but the think is that law only came in at the start of the year!

    and when I was stopped the first time I booked it straight away! 3 months was the earliest date I could get! When I got done, my car done the nct 3 days later and passed everyone is telling to go to court, as for 1 if the garda doesnt show, your off straight away, and 2 the judge will see I paid the fine for the wrong turn (as I took a copy & have receipt plus he will see from dates I did my test 3 days later & would know you couldn't get a test that quick!

    Its not my fault there's a 3 month waiting list.

    The chap in the nct that tested my car even said he'd go to court and fight it, if it was him, that the garda was just a prcik sure I had the date in my phone and he didnt want to know, wouldn't even look!.

    Agreed, but it's entirely your fault you didn't find out your legal obligations and make sure to have undergone the test in advance of the due date. You can book a test up to 180 days in advance of the due date for a first NCT, or up to 90 days in advance for subsequent due dates so there's little excuse.

    If your NCT was due recently then a judge would likely show some leniency but once he hears your car was almost year out of date I doubt you're going to get much joy since it shows little regard for the law.

    It's easy for people to advise you go to court as they're not the one risking a conviction and more points and a fine.
    If I were you I'd pay the fine and take the 3 points. You were caught fair and square.


  • Registered Users, Registered Users 2 Posts: 23,795 ✭✭✭✭mickdw


    Because the crowd that run the NCt are not able to keep up with demand and cannot even follow their own charter due to the workload.

    Doesn't apply here as the op was driving without even having booked or attempted to book a test at the time of being first caught.
    He then continued to drive without a test although booked and was caught a second time.
    Now it might be reasonable to believe that one completely forgot about the test requirement until stopped by garda. It is beyond reasonable however for the op to believe that it would be fine to keep driving for a further 3 months without a valid cert.
    I don't believe that the waiting list is any excuse at all but to attempt to use it as an excuse when your car is over a year and half without test is laughable.
    As an aside, the nct people are pretty good with sorting out a date if you speak to them.


  • Registered Users, Registered Users 2 Posts: 3,201 ✭✭✭benny79


    mickdw wrote: »
    Doesn't apply here as the op was driving without even having booked or attempted to book a test at the time of being first caught.
    He then continued to drive without a test although booked and was caught a second time.
    Now it might be reasonable to believe that one completely forgot about the test requirement until stopped by garda. It is beyond reasonable however for the op to believe that it would be fine to keep driving for a further 3 months without a valid cert.
    I don't believe that the waiting list is any excuse at all but to attempt to use it as an excuse when your car is over a year and half without test is laughable.
    As an aside, the nct people are pretty good with sorting out a date if you speak to them.

    my point is though mick all previous cars I had I got a letter to say my nct was due! this been the newest car I ever owned was only 2 yrs old when i bought it. I taught I didnt need a nct for 2/3 years but when I got stopped the first time I rang and booked straight away and was given 3 months. I didnt think it was that big a deal once you have tax & insurance. and I had to drive for them 3 months as i live in the country & work in Dublin & there's no public transport near by.

    Its not the fine that bothers me its the points & the fact I was stopped for something else and he decided to throw the book at me, surely common sense should prevail here as my test was in 3 days!!!


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    mickdw wrote: »
    Now it might be reasonable to believe that one completely forgot about the test requirement until stopped by garda.
    It is reasonable to believe it, but that's what OP should be fined for. For some strange reason he wasn't.
    It is beyond reasonable however for the op to believe that it would be fine to keep driving for a further 3 months without a valid cert.
    It's not beyond reasonable.
    Once OP found out he didn't have NCT he booked it straight away and nearest appointment was 3 months away.
    It's perfectly reasonable to believe he could drive in the mean time, as what else could he do?
    It's unreasonable to believe, that having NCT system where nearest appointment available instead of being 3 hours away is 3 months away is OK.
    I don't believe that the waiting list is any excuse at all
    It's not excuse.
    OP found out he had no NCT, and booked it straight away for the nearest appointment available. That's reasonable thing to do.
    but to attempt to use it as an excuse when your car is over a year and half without test is laughable.
    As you said yourself it was reasonable to believe OP forgot about NCT and that it was way overdue. That's what he should have been fined in the first place.
    He did nothing wrong afterwards from logical point of view.
    Legally he couldn't drive, but no one in the right mind is going to obey a law system which prohibits you to drive your own car for 3 months.
    As an aside, the nct people are pretty good with sorting out a date if you speak to them.
    But how is average person supposed to know it.
    We know it as we talk about it permanently here on boards.
    But average person googles NCT phone numer, rings, and after being told nearest appointment is available in 3 month he accepts this fact (with a bit of disbelief, but without a power do anything about it). That's absolutely natural thing to do.

    I can bet that if you took an average driver from any country in the world outside Ireland, and asked him to book NCT (in Ireland) he would be absolutely shocked that it takes 3 months as he would be probably expecting his NCT in few hours time, but he probably wouldn't be trying to beg for sooner date, would he?


  • Registered Users, Registered Users 2 Posts: 2,865 ✭✭✭9935452


    benny79 wrote: »
    its 3 points and a €60 fine I should have done my nct a year ago apparently so its up again in July! but the think is that law only came in at the start of the year!

    and when I was stopped the first time I booked it straight away! 3 months was the earliest date I could get! When I got done, my car done the nct 3 days later and passed everyone is telling to go to court, as for 1 if the garda doesnt show, your off straight away, and 2 the judge will see I paid the fine for the wrong turn (as I took a copy & have receipt plus he will see from dates I did my test 3 days later & would know you couldn't get a test that quick!

    Its not my fault there's a 3 month waiting list.

    The chap in the nct that tested my car even said he'd go to court and fight it, if it was him, that the garda was just a prcik sure I had the date in my phone and he didnt want to know, wouldn't even look!.

    How old was the car when you bought it??
    If the nct is due again in july it was due 20 months before you were stopped in march.
    The car must have been just under 4 years old when you bought it. You can do a first nct 6 months early, any other nct can be done 3 months early. so you could have done an nct straight away .
    The penalty points for having no nct changed last november.
    You always needed an nct but if you had one booked and had confirmation of this it was at the discretion of the guard that stopped you, he would normally let you away.
    Personally i cant really blame a guard for doing you for having no nct.
    From what he saw , you were driving a car which was nearly 6 years old, never nct'd, only to be told you were doing it 3 days later. All he would think is likely story.


    Best advice is just take the 3 points and fine. The judge will see everything i said above and will give you 5 points for it.
    Your argument of 'Its not my fault there's a 3 month waiting list.' wont float because it was 20months late.
    If you were a month out of date with an nct in 3 days id say go to court .


  • Registered Users, Registered Users 2 Posts: 23,795 ✭✭✭✭mickdw


    CiniO wrote: »
    It is reasonable to believe it, but that's what OP should be fined for. For some strange reason he wasn't.


    It's not beyond reasonable.
    Once OP found out he didn't have NCT he booked it straight away and nearest appointment was 3 months away.
    It's perfectly reasonable to believe he could drive in the mean time, as what else could he do?
    It's unreasonable to believe, that having NCT system where nearest appointment available instead of being 3 hours away is 3 months away is OK.


    It's not excuse.
    OP found out he had no NCT, and booked it straight away for the nearest appointment available. That's reasonable thing to do.


    As you said yourself it was reasonable to believe OP forgot about NCT and that it was way overdue. That's what he should have been fined in the first place.
    He did nothing wrong afterwards from logical point of view.
    Legally he couldn't drive, but no one in the right mind is going to obey a law system which prohibits you to drive your own car for 3 months.


    But how is average person supposed to know it.
    We know it as we talk about it permanently here on boards.
    But average person googles NCT phone numer, rings, and after being told nearest appointment is available in 3 month he accepts this fact (with a bit of disbelief, but without a power do anything about it). That's absolutely natural thing to do.

    I can bet that if you took an average driver from any country in the world outside Ireland, and asked him to book NCT (in Ireland) he would be absolutely shocked that it takes 3 months as he would be probably expecting his NCT in few hours time, but he probably wouldn't be trying to beg for sooner date, would he?

    To be fair this guy was driving around for something like a year and a half. As a motorist, a person has to make it their business to comply with the law. Ok, he was oblivious until stopped. You would have to think that most people would at that stage thank their lucky stars that they were not fined and correct the issue immediately.
    On calling nct people and being given a 3 month wait, it would be reasonable to explain the situation or even search various test centres for better wait times. I live in mayo and if I want a quicker date I will search ballina, westport and sligo centre. All are 1 hour plus away but it's part of owing a car so you make the effort.
    There is no valid excuse for the op.


  • Registered Users, Registered Users 2 Posts: 16,930 ✭✭✭✭challengemaster


    CiniO wrote: »
    He did nothing wrong afterwards from logical point of view.
    Legally he couldn't drive, but no one in the right mind is going to obey a law system which prohibits you to drive your own car for 3 months.

    Sometimes your posts really crack me up Cinio. The logical thing to do if you're not capable of legally driving is to... not drive! Don't obey the law and you're gonna have a bad time.


  • Registered Users, Registered Users 2 Posts: 3,201 ✭✭✭benny79


    Thanks for all the advice lads really appreciate it. I think Im going to have to suck it up and take the hit, But it really p'sses me off as its such a flawed system. You should be notified that your Nct is due after all your paying them for the service. As soon as I got stopped the first time I booked it straight away. More annoying is I know there's nothing wrong with my car as its in perfect condition and serviced regularly.


  • Registered Users, Registered Users 2 Posts: 18,834 ✭✭✭✭_Brian


    I'm curious, from your first post you seemed to think that because the car was a UK import that it didn't need an NCT. No matter what the origin of the car its the age that triggers the need for an NCT.


  • Advertisement
  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    benny79 wrote: »
    so know one thinks I'll have a chance in court?

    It's not looking good. Without a valid NCT you're not supposed to drive full stop. In fact the car would have to be trailered to the NCT center and only if you pass are you allowed to drive away. But only if you stick up the disc.
    The only two factors in your favour is the usual "ah shure be grand!" attitude which one could argue is seen as a tacit acknowledgement by the Gardai that sometimes it's hard to get a test date and the second is the fact that it's sometimes hard to get a test date.
    But with both points you are on very thin legal ice. Personally I wouldn't argue.


  • Registered Users, Registered Users 2 Posts: 4,520 ✭✭✭Tea 1000


    My biggest problem with all this is that you are only supposed to get points for safety related things, so if you do something dangerous, then you get points. Not having an NCT cert is not dangerous. Your car might not be fit for the road, but surely it must be tested to verify? Innocent until proven guilty and all that?
    Anyway, that's an aside. Doubt you can do much.


  • Registered Users, Registered Users 2 Posts: 3,201 ✭✭✭benny79


    @ Brian, I taught the fact it was a import was maybe the reason why I never received a notice saying it was due.


  • Registered Users, Registered Users 2 Posts: 3,201 ✭✭✭benny79


    Tea 1000 wrote: »
    My biggest problem with all this is that you are only supposed to get points for safety related things, so if you do something dangerous, then you get points. Not having an NCT cert is not dangerous. Your car might not be fit for the road, but surely it must be tested to verify? Innocent until proven guilty and all that?
    Anyway, that's an aside. Doubt you can do much.

    Thats my view as well I have no problem with the fine, but the fact of the 3 points and that I have them for 3 years, So that will be 4 points I have gotten in one hit! 1/3 of the max in 1 go!


  • Registered Users, Registered Users 2 Posts: 2,865 ✭✭✭9935452


    benny79 wrote: »
    Thats my view as well I have no problem with the fine, but the fact of the 3 points and that I have them for 3 years, So that will be 4 points I have gotten in one hit! 1/3 of the max in 1 go!

    I think you will only get 3. They can only give you the max points for one offense and not just add them up. im open to correction though.


  • Registered Users, Registered Users 2 Posts: 2,865 ✭✭✭9935452


    OSI wrote: »
    So we either expect the Gards to drive around with a mobile garage so they can run an NCT on the side of the road before issuing you with points? Or we tell everyone, it's perfectly cool to go years without an NCT, as long as when you're eventually caught you do get it tested soon after?

    The one other thing that nobody here has mentioned is insurance. Depending on the insurance company , you might not be covered when having no nct. Legallly they will cover third party but could come after you for the cost of the claim. There was a poster on here who was on a learner permit, had an accident , had no qualified driver with him , the insurance company came after him for the costs of the claim.


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    mickdw wrote: »
    Doesn't apply here as the op was driving without even having booked or attempted to book a test at the time of being first caught.
    He then continued to drive without a test although booked and was caught a second time.
    Now it might be reasonable to believe that one completely forgot about the test requirement until stopped by garda. It is beyond reasonable however for the op to believe that it would be fine to keep driving for a further 3 months without a valid cert.
    I don't believe that the waiting list is any excuse at all but to attempt to use it as an excuse when your car is over a year and half without test is laughable.
    As an aside, the nct people are pretty good with sorting out a date if you speak to them.

    I understand the legality, or illegality, of the ops position but that has never stopped a district court judge before. It's only a matter of time before someone chances it and a judge throws out the case because of it.


  • Registered Users, Registered Users 2 Posts: 4,520 ✭✭✭Tea 1000


    OSI wrote: »
    So we either expect the Gards to drive around with a mobile garage so they can run an NCT on the side of the road before issuing you with points? Or we tell everyone, it's perfectly cool to go years without an NCT, as long as when you're eventually caught you do get it tested soon after?
    Well, if you go on a killing spree and get caught, you're let go on bail until your hearing. Are murderers not as bad as cars with no NCT?
    In any case, they could change it slightly so that the garda can request an "emergency" NCT for within 24 hours, for any NCT centre within a certain radius of where they caught the driver. They either must go and get it done and return the results, or they get the car impounded until such a time they can tow it to an NCT centre.
    If the car fails dangerous, then they get fined for driving a dangerous vehicle.
    You can still issue a fine for no NCT, but not points. Points are for dangerous things, so we keep being told.


  • Registered Users, Registered Users 2 Posts: 4,520 ✭✭✭Tea 1000


    OSI wrote: »
    Are you seriously trying to compare the judicial process of a murder prosecution to the motoring offence of not having a valid NCT? If you really want to compare, you should go to the effort of fleshing out the full process. If you're caught without a valid NCT, you can plead guilty on receipt of the penalty notice, pay the reduced fine and receive the reduced points. Much in the same way that you can plead guilty to a criminal offence and receive a reduced sentence. If you decide to contest your guilt, you can bring it before a judge, the period during which you'll be free to drive around in your car, assuming you don't continue to commit an offence, much in the same way pleading not guilty in a court case for murder would allow you to walk out on bail, again assuming you don't continue to commit crime while doing so.




    Apart from the logistics being an absolute horror show, it provides considerably less incentive for the driver to bother organising an NCT themselves. Why would you apply for a NCT and wait 3 months, when you can chance your arm knowing that if you ever do actually get caught, you'll get an appointment the next day no problem and have bugger repercussions for doing so.
    Why would you bother paying motor tax? No points for that...


  • Advertisement
  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    Tea 1000 wrote: »
    Why would you bother paying motor tax? No points for that...

    Because you get your car impounded and visit to the judge if you don't.
    But no points, so sure it's grand.


  • Registered Users, Registered Users 2 Posts: 3,201 ✭✭✭benny79


    9935452 wrote: »
    I think you will only get 3. They can only give you the max points for one offense and not just add them up. im open to correction though.[/QUOT

    I got 2 fines though, 1 for wrong turn €60 & 1 penalty point & no NCT 3 points €60 fine so 4 points in 1 hit.


  • Registered Users, Registered Users 2 Posts: 10,587 ✭✭✭✭guil


    It's not looking good. Without a valid NCT you're not supposed to drive full stop. In fact the car would have to be trailered to the NCT center and only if you pass are you allowed to drive away. But only if you stick up the disc.
    I'm fairly sure it's it the statute book that you can drive a car with no NCT to a test centre for a test and to get repairs done as well.


  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    guil wrote: »
    I'm fairly sure it's it the statute book that you can drive a car with no NCT to a test centre for a test and to get repairs done as well.

    Ah, OK, I'm amazed that was actually allowed, I never trust legislation in Ireland.


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


    benny79 wrote: »
    I got 2 fines though, 1 for wrong turn €60 & 1 penalty point & no NCT 3 points €60 fine so 4 points in 1 hit.
    You'll get both fines but you'll only get points for one offence, whichever one carries the most points. In your case if accept both FPNs you pay out €120 and be awarded max 3 points. If you contest the NCT ticket and lose you'll get 5 points in total.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    guil wrote: »
    I'm fairly sure it's it the statute book that you can drive a car with no NCT to a test centre for a test
    No there isn't.
    You can't legally do it.
    and to get repairs done as well.
    This indeed is a fact.
    After you fail NCT, you can legally drive for the rest of the day, even if your car doesn't have valid NCT.


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    guil wrote: »
    I'm fairly sure it's it the statute book that you can drive a car with no NCT to a test centre for a test and to get repairs done as well.
    That was in the legislation but the wording was changed (messed up imo) some years ago to make it allowable to drive on the day having been refused a test certificate. That seems to make it conditional on failing/being refused the test so if a Garda stopped you on the way to a test centre and you pass you could be in bother.


  • Registered Users, Registered Users 2 Posts: 3,201 ✭✭✭benny79


    slimjimmc wrote: »
    You'll get both fines but you'll only get points for one offence, whichever one carries the most points. In your case if accept both FPNs you pay out €120 and be awarded max 3 points. If you contest the NCT ticket and lose you'll get 5 points in total.

    How do you work that out? I doubt it very much as the 2 fines where delivered together but are 2 separate fines..


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


    benny79 wrote: »
    How do you work that out? I doubt it very much as the 2 fines where delivered together but are 2 separate fines..
    Road Traffic Act 2002 Section 2 says so for cases where multiple offences were detected at the same time.
    Para 2.3 : you get points for only one offence.
    Para 2.4 : the points given are for the offence with the greatest points

    Both offences were detected at the same time so while you have to pay both fines you only get the largest set of points. It doesn't matter if the FPNs were issued / delivered together or whether you pay them at the same time.


  • Registered Users, Registered Users 2 Posts: 4,520 ✭✭✭Tea 1000


    Because you get your car impounded and visit to the judge if you don't.
    But no points, so sure it's grand.
    Hence my point. Do the same for NCT. No need to apply points when there isn't any proof that something dangerous was done.


  • Registered Users, Registered Users 2 Posts: 3,201 ✭✭✭benny79


    slimjimmc wrote: »
    Road Traffic Act 2002 Section 2 says so for cases where multiple offences were detected at the same time.
    Para 2.3 : you get points for only one offence.
    Para 2.4 : the points given are for the offence with the greatest points

    Both offences were detected at the same time so while you have to pay both fines you only get the largest set of points. It doesn't matter if the FPNs were issued / delivered together or whether you pay them at the same time.

    Cheers Slim didnt know that although im only saving a point, better than nothing I suppose.


  • Advertisement
  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    Tea 1000 wrote: »
    Hence my point. Do the same for NCT. No need to apply points when there isn't any proof that something dangerous was done.

    Maybe. But IMO it's a safety related procedure. of course one could argue "but potentially there's nothing wrong", but in the end it has to be checked.
    I also don't buy "NCT has nothing to do with my car's roadworthiness!". When I came here first, cars would crab sideways, lights would shine into the sky, rustholes the size of my fist, bumpers being held on with blue twine, I could go on...
    So yes, it does. It has improved cars enormously here, by forcing the Irish to look after them, because otherwise they just wouldn't. So yes, I agree with the NCT, I agree with the enforcement, the fines and even the points.
    I would even agree with dangerous cars being taken off the road and crushed. If the owner's won't abide by the rules, they should suffer the consequences.
    I also agree that the NCT should have more slots available, but I always managed to get a test and pass (eventually:P).
    Again, as with anything that is regulation, the usualy arguments are trotted out that you wouldn't hear anywhere else. We wouldn't even have this discussion in Germany.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    Tea 1000 wrote: »
    Points are for dangerous things, so we keep being told.

    Is that right?
    Any links to it?
    I honestly though that points should relate to road traffic offences, not necesserily only dangerous ones.


  • Registered Users, Registered Users 2 Posts: 4,520 ✭✭✭Tea 1000


    Maybe. But IMO it's a safety related procedure. of course one could argue "but potentially there's nothing wrong", but in the end it has to be checked.
    I also don't buy "NCT has nothing to do with my car's roadworthiness!". When I came here first, cars would crab sideways, lights would shine into the sky, rustholes the size of my fist, bumpers being held on with blue twine, I could go on...
    So yes, it does. It has improved cars enormously here, by forcing the Irish to look after them, because otherwise they just wouldn't. So yes, I agree with the NCT, I agree with the enforcement, the fines and even the points.
    I would even agree with dangerous cars being taken off the road and crushed. If the owner's won't abide by the rules, they should suffer the consequences.
    I also agree that the NCT should have more slots available, but I always managed to get a test and pass (eventually:P).
    Again, as with anything that is regulation, the usualy arguments are trotted out that you wouldn't hear anywhere else. We wouldn't even have this discussion in Germany.
    I agree with this post completely, except for the points. I genuinely believe that you should not be automatically proven guilty. There's a big difference between someone who might have forgotton to book the NCT test but who always maintains their car and someone who downright flaunts the law at any opportunity. So I don't agree that both should be treated the same.
    CiniO wrote: »
    Is that right?
    Any links to it?
    I honestly though that points should relate to road traffic offences, not necesserily only dangerous ones.
    "designed to encourage safe driving and reduce casualties on our roads."
    http://rsa.ie/RSA/Licensed-Drivers/Penalty-points/
    "Encourage safe" being the opposite of "being relaxed about dangerous"!
    Also, at the time of introduction many folk were complaining on radio stations that no one wants points for failing to tax their cars, and both politicians and the RSA were at pains to point out that it'll only be used for safety related things.


Advertisement