Legal restrictions?

GT_TDI_150

Guys...

Are there any legal restrictions that would prevent an individual to by a commercial vehicle, tax and insure it as a commercial vehicle but not have a business and there for not use it as a commercial vehicle?

Thanks

316

None what so ever, there has been a few news papers links but nothing more.

Stheno

316 wrote: »

None what so ever, there has been a few news papers links but nothing more.

Well I'm fairly sure there is a requirement to be able to demonstrate the business it's associated with when it comes to taxing it? The councils appear to have toughened up in that regard

316

Yawn.. can you forward a link to the Irish Statute law?

Stheno

316 wrote: »

Yawn.. can you forward a link to the Irish Statute law?

From Citizens Information

Goods/commercial vehicles

There are additional requirements when taxing a goods/commercial vehicle. If the unladen weight exceeds 1,524 kg (3,500 kg Gross Vehicle Weight), a weight docket (from an authorised weighbridge) is required.

If the unladen weight does not exceed 1,524 kg (3,500 kg Gross Vehicle Weight), a goods declaration form RF111A (pdf) (from Motor Tax Office) is required. This must be witnessed in a Garda station.

Additional proof that the vehicle is being appropriately taxed may be required, such as:

Current commercial insurance certificate for the vehicle
Evidence of registration for VAT
Tax Clearance Certificate
Notice of Tax Registration Form

If you are an employee and you use your vehicle solely for the carriage of goods in the course of your employment, you will require a letter from your employer to that effect. The letter should also provide information about your employer, such as, the nature of the business and its Tax Registration Number.

If the vehicle is one year old or over (e.g. imported) a certificate of roadworthiness/pass statement (from an authorised tester) is required. If the vehicle is imported, a weight docket (from an authorised weighbridge) is required.

Relevant law is referenced at https://www.motortax.ie/OMT/pdf/RF111A_en.pdf

CiniO

There is a law clearly stating that vehicle taxed commercially must be used for carrying goods for business purposes.
So no - taxing commercially to use only privately would not be legal.
However the trick is that this law doesn't say that commercially taxed vehicle has yo be used only for carrying goods for business purposes as only sole use. Therefore using commercially taxed vehicle for both business use and private use is not illegal.

I can't link the law at the moment as I'm on the phone, but might do later. Do some search I posted about it already few times within last few years.

316

May as well post links to pretty ladies scantily clad.

Stheno

CiniO wrote: »

There is a law clearly stating that vehicle taxed commercially must be used for carrying goods for business purposes.
So no - taxing commercially to use only privately would not be legal.
However the trick is that this law doesn't say that commercially taxed vehicle has yo be used only for carrying goods for business purposes as only sole use. Therefore using commercially taxed vehicle for both business use and private use is not illegal.

I can't link the law at the moment as I'm on the phone, but might do later. Do some search I posted about it already few times within last few years.

Think the quote below is what you want CiNio

Article 3 of the Road Vehicles (Registration & Licensing) (Amendment) Regulations 1992
provides that a licensing authority must be satisfied that a vehicle is correctly taxed. In this
regard, in order to tax a vehicle at the goods rate all applicants must confirm that they are
registered for tax purposes as a business with the Revenue Commissioners by providing
their Revenue Registration identity number

So you are required to prove that the vehicle is being used for business purposes but can use it privately

Stheno

316 wrote: »

May as well post links to pretty ladies scantily clad.

Did you read what I posted and the requirements?

Or are you just being deliberately obtuse?

You've gotten the relevant laws and more, what else do you want?

316

I want a link to the Irish Statute not some trash from citizen information or the motor tax, case be struck out if I had you as a solicitor so far.

Stheno

316 wrote: »

I want a link to the Irish Statute not some trash from citizen information or the motor tax, case be struck out if I had you as a solicitor so far.

I have now TWICE linked to the Road Vehicles (Registration & Licensing) (Amendment) Regulations 1992 which cover this.

That's Irish Statute Law, what more do you want?
Or are you just trolling?

316

A link from the Irish Statute website is what I want, cut it clear I want the law. Maybe its you that are trolling?

Below is the link to the the site.

http://www.irishstatutebook.ie/

Stheno

316 wrote: »

A link from the Irish Statute website is what I want, cut it clear I want the law. Maybe its you that are trolling?

Below is the link to the the site.

http://www.irishstatutebook.ie/

Here you go

http://www.irishstatutebook.ie/1992/en/si/0385.html

When you grow up and learn to use google, you might not have to have people spoonfeed you

316

That link is a general link to other parts of that site, better put on the kettle.

colm_mcm

Yawn...