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Unsure where I legally stand.

  • 27-12-2017 3:23pm
    #1
    Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭


    I have my old car here, it's in my name at the moment. My mother drives it sometimes as it's covered under her policy despite not having an n.c.t or main policy driver.

    Although I am wondering what I should do now with regards to the tax. It expires on the 1st of January.

    If I put it off the road, it can't be used. But I'm worried if I don't, I'll ever be liable to back tax it in the future. Which is something that I don't want.

    I am sure that it'll not have a main driver again. So the mother will just drive it now and again under her policy. I believe she's covered as third party...

    So, should I tax it, despite not requiring tax by the insurance company to drive it? Or risk it?


Comments

  • Closed Accounts Posts: 9,535 ✭✭✭btkm8unsl0w5r4


    Oh holy god....this is going to be good, or is this a bit of trolling to wind away the post Christmas boredom.

    So question is
    1. You have a car in your name you dont drive it much but your mother does. It does not have valid insurance but it does have an insurance disk, it there was ever a claim the insurance would be invalid. Its only third party so you wont suffer only other people. No NCT either so potentially a deathtrap too.
    2. It has no tax for a while.
    3. You dont want to pay back tax on it cause screw that tax is for other suckers to pay not you gosh darnit.
    4. You dont know what to do, you dont want to get caught, or more accurately your mother to get caught. Car is obviously a POS so value of it is irrelevant.

    There is actually an answer to this thats pretty simple, but your going to take some abuse before you get it. At least you want to have one out of the 3.

    Transfer it to your mums name and the back tax vanishes, rinse and repeat like all the other benefit street parasites


  • Registered Users, Registered Users 2 Posts: 7,221 ✭✭✭circadian


    If a car is going to be on the road then it needs to be taxed, insured and have a valid NCT.


  • Registered Users, Registered Users 2 Posts: 8,565 ✭✭✭K.Flyer


    It is the driver of the vehicle who is responsible for ensuring that the vehicle that they are driving is correctly insured, taxed and has a roadworthy cert (nct).
    She can take her chances, but is it worth it?
    Pay the tax and get the test done and if your mothers insurance covers it, she is good to go.


  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,809 Mod ✭✭✭✭Kimbot


    Your insurance company may not require tax on the car but legally it has to be on it if its going onto a public road. Just tax it and leave it at that.


  • Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    jonnycivic wrote: »
    Your insurance company may not require tax on the car but legally it has to be on it if its going onto a public road. Just tax it and leave it at that.

    Also, isn't it too late to declare off the road per the new rules and not pay some road tax?


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  • Registered Users, Registered Users 2 Posts: 84,761 ✭✭✭✭Atlantic Dawn
    M


    Legally you would stand by the side of the road once 30 days tax is up on it and your driving it on a public road :D


  • Registered Users, Registered Users 2 Posts: 4,277 ✭✭✭km991148


    Also - don't insurance policies in Ireland that allow any car cover require that the car is actually insured by someone?

    I know in the UK it works that way, I would have assumed the same here?


  • Registered Users, Registered Users 2 Posts: 84,761 ✭✭✭✭Atlantic Dawn
    M


    km991148 wrote: »
    Also - don't insurance policies in Ireland that allow any car cover require that the car is actually insured by someone?

    I know in the UK it works that way, I would have assumed the same here?

    Some do, dome don't. It's a legal requirement to display an insurance disc on a vehicle when it's in a public place, in theory if you had the disc from the other car and certificate of insurance to prove you have 3rd party cover driving other vehicles that should be sufficient for Gardai.


  • Registered Users, Registered Users 2 Posts: 2,230 ✭✭✭Nate--IRL--


    km991148 wrote: »
    Also - don't insurance policies in Ireland that allow any car cover require that the car is actually insured by someone?

    I know in the UK it works that way, I would have assumed the same here?

    I was explicitly told by my insurance company that I need the Permission of the owner and that it be in a roadworthy state, and I'm insured to drive any car.

    No other insurance is required (ie the owner does not have to have insurance).

    Nate


  • Registered Users, Registered Users 2 Posts: 122 ✭✭perry stanley


    Leave it long enough and when its pulled over , you loose it. Then you will have a problem.


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  • Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    To be on the road it must have tax, NCT ( if required) and insurance...end of discussion.

    If it doesn't then it shouldn't be on the road.
    I hope that's not too complicated for you OP and enabled you make up your mind.


  • Registered Users, Registered Users 2 Posts: 5,140 ✭✭✭James Bond Junior


    If there is no policy covering it, assuming your policy is now on your civic, how can it be covered under your mother's policy? In order to be covered by hers it would need to have a policy covering it. Correct me if I am wrong but that is the way I understand it.


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    If there is no policy covering it, assuming your policy is now on your civic, how can it be covered under your mother's policy? In order to be covered by hers it would need to have a policy covering it. Correct me if I am wrong but that is the way I understand it.

    There is no main policy. My mother is insured under her own policy on a different car. The insurance company covers her without tax/n.c.t.I have checked this already and she is 100% insured to drive it (3rd party) Provided the car isn't owned by her. Which it isn't. I own it.


  • Registered Users, Registered Users 2 Posts: 12,079 ✭✭✭✭Duke O Smiley


    Its a 1.0 Yaris right? €56 for three months tax..

    Tax it online and put in the details of an old insurance cert..et voila


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    Oh holy god....this is going to be good, or is this a bit of trolling to wind away the post Christmas boredom.

    So question is
    1. You have a car in your name you dont drive it much but your mother does. It does not have valid insurance but it does have an insurance disk, it there was ever a claim the insurance would be invalid. Its only third party so you wont suffer only other people. No NCT either so potentially a deathtrap too.
    2. It has no tax for a while.
    3. You dont want to pay back tax on it cause screw that tax is for other suckers to pay not you gosh darnit.
    4. You dont know what to do, you dont want to get caught, or more accurately your mother to get caught. Car is obviously a POS so value of it is irrelevant.

    There is actually an answer to this thats pretty simple, but your going to take some abuse before you get it. At least you want to have one out of the 3.

    Transfer it to your mums name and the back tax vanishes, rinse and repeat like all the other benefit street parasites

    I'm not trolling at all. It a genuine quistion.I came here to get information from other users on this subject. Now I thought ye might have known..

    The quistion is this.

    I own the car, I don't drive it ever as I'm not insured to drive it. Obviously.. However, my mother drives it sometimes times as her policy on a separate car. Covers her to drive it legally (third party).

    The tax or n.c.t isn't required by her insurance to drive the car. The car only has to be owned by someone else. Which it is.. I own it.

    I don't want to have to back tax the car in the future.

    As for your spoiler.. I'm not into that sorta thing. ;)


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    Leave it long enough and when its pulled over , you loose it. Then you will have a problem.

    Obviously.. I'm trying to avoid this.. Hence the thread..


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    jonnycivic wrote: »
    Your insurance company may not require tax on the car but legally it has to be on it if its going onto a public road. Just tax it and leave it at that.

    This is the answer I was looking for. Thanks.


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


    job seeker wrote: »
    I'm not trolling at all. It a genuine quistion.I came here to get information from other users on this subject. Now I thought ye might have known..

    The quistion is this.

    I own the car, I don't drive it ever as I'm not insured to drive it. Obviously.. However, my mother drives it sometimes times as her policy on a separate car. Covers her to drive it legally (third party).

    The tax or n.c.t isn't required by her insurance to drive the car. The car only has to be owned by someone else. Which it is.. I own it.

    I don't want to have to back tax the car in the future.

    As for your spoiler.. I'm not into that sorta thing. ;)

    What are your plans with the car in the future?
    Will you ever be using it yourself again?
    For how long you want your mother to be using it with your proposed setup?

    While driving without tax is illegal, I can't see how your mother might run into major problem for driving without it.
    But fact that car has no NCT is more worrying. This might cause big trouble for your mother.


  • Registered Users, Registered Users 2 Posts: 5,795 ✭✭✭Isambard


    sorry to say it, but I really hope she gets caught


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    CiniO wrote: »
    What are your plans with the car in the future?
    Will you ever be using it yourself again?
    For how long you want your mother to be using it with your proposed setup?

    While driving without tax is illegal, I can't see how your mother might run into major problem for driving without it.
    But fact that car has no NCT is more worrying. This might cause big trouble for your mother.

    The car won't ever be insured again. My mother drives it rarely. Maybe once every 6 months.for the next year. You see the car is mainly used for the farm. But this is irrelevant as it's all our private land.

    Edit:
    Tell me this, why does the insurance company NOT require a valid n.c.t and tax to cover my mother 3rd party?


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


    job seeker wrote: »
    The car won't ever be insured again. My mother drives it rarely. Maybe once every 6 months.for the next year. You see the car is mainly used for the farm. But this is irrelevant as it's all our private land.

    So it looks like on average it's going to be used twice in a year time.
    She might get away with it, or she might run into trouble in case of checkpoint or accident (due to lack of nct and tax).

    If you don't plan on using or insuring the car again, you don't need to worry about arrears.
    Edit:
    Tell me this, why does the insurance company NOT require a valid n.c.t and tax to cover my mother 3rd party?
    I don't know.
    Are you absolutely sure about no requirement for NCT in her policy document?
    What insurer is she insured with?


  • Registered Users, Registered Users 2 Posts: 4,940 ✭✭✭dingding


    I think you need a valid nct to be covered by insurance. it may differ by company but my company require it


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    CiniO wrote: »
    So it looks like on average it's going to be used twice in a year time.
    She might get away with it, or she might run into trouble in case of checkpoint or accident (due to lack of nct and tax).

    If you don't plan on using or insuring the car again, you don't need to worry about arrears.


    I don't know.
    Are you absolutely sure about no requirement for NCT in her policy document?
    What insurer is she insured with?

    I see what you're saying.

    Oh that's perfect. I was afraid I'd have to back tax it. That was the idea of putting it off the road.

    100%, I looked into this in detail and the car is only required to be owned by someone else.this is what the insurance company told me when I inquired about it. Its Acorn insurance who she has her policy with.

    But her own car which she drives often has to have insurance, tax and n.c.t.. Which it does.


  • Registered Users, Registered Users 2 Posts: 8,616 ✭✭✭grogi


    circadian wrote: »
    If a car is going to be on the road then it needs to be taxed, insured and have a valid NCT.

    Incorrect. The driver needs to be insured to drive that vehicle. The vehicle also needs an insurance disk - but that is separate regulation and in bigger scheme of things, just a nuisance.


  • Registered Users, Registered Users 2 Posts: 8,616 ✭✭✭grogi


    Where do I start....?!
    Oh holy god....this is going to be good, or is this a bit of trolling to wind away the post Christmas boredom.

    So question is
    1. You have a car in your name you dont drive it much but your mother does. It does not have valid insurance but it does have an insurance disk

    It doesn't have a disk
    it there was ever a claim the insurance would be invalid.

    Based on what?! If mother is insured to drive this car and she is driving, there is a valid policy in place. Even if the policy was invalid, MIBI will tell the mother's insurer to pay out in case of a claim.
    Its only third party so you wont suffer only other people. No NCT either so potentially a deathtrap too.

    If only you understood TPL insurance...
    2. It has no tax for a while.

    It has until end of the year...


  • Registered Users, Registered Users 2 Posts: 8,616 ✭✭✭grogi


    If there is no policy covering it, assuming your policy is now on your civic, how can it be covered under your mother's policy? In order to be covered by hers it would need to have a policy covering it. Correct me if I am wrong but that is the way I understand it.

    Consider yourself corrected. There is no general rule here, some policies do allow driving of other cars even if there is no insurance disk for the other vehicle.


  • Registered Users, Registered Users 2 Posts: 8,616 ✭✭✭grogi


    job seeker wrote: »
    So, should I tax it, despite not requiring tax by the insurance company to drive it? Or risk it?

    Yes, you should. Or simply sell it.


  • Closed Accounts Posts: 4,464 ✭✭✭Ultimate Seduction


    grogi wrote: »
    Incorrect. The driver needs to be insured to drive that vehicle. The vehicle also needs an insurance disk - but that is separate regulation and in bigger scheme of things, just a nuisance.

    No there does not. I am insured to drive any car as long as it's not in mine (or my spouse) name, and I have permission to drive it. The car doesn't need to be insured by anyone else


  • Registered Users, Registered Users 2 Posts: 9,514 ✭✭✭TheChizler


    OP you mentioned the car is only used once or twice a year on your private land/farm. Does it ever go on public roads?


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  • Registered Users, Registered Users 2 Posts: 8,616 ✭✭✭grogi


    No there does not. I am insured to drive any car as long as it's not in mine (or my spouse) name, and I have permission to drive it. The car doesn't need to be insured by anyone else

    In other words - you are insured to drive such vehicle. Not presenting insurance disk is an offence, but as mentioned before, nowhere as severe as driving uninsured.


  • Registered Users, Registered Users 2 Posts: 4,940 ✭✭✭dingding


    Sell the car to your mother let her tax it. sorted.


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    TheChizler wrote: »
    OP you mentioned the car is only used once or twice a year on your private land/farm. Does it ever go on public roads?

    The mother drives it twice a year. About 2 miles to and from the location. But it's used regularly on our farm. But that's all private owned by us..


  • Registered Users, Registered Users 2 Posts: 9,514 ✭✭✭TheChizler


    job seeker wrote: »
    The mother drives it twice a year. About 2 miles to and from the location. But it's used regularly on our farm. But that's all private owned by us..
    Ah I see. The simple solution would be to not use it on public roads that one or two times a year.


  • Registered Users, Registered Users 2 Posts: 1,304 ✭✭✭Schorpio


    job seeker wrote: »
    The mother drives it twice a year. About 2 miles to and from the location. But it's used regularly on our farm. But that's all private owned by us..

    I think you're thread title is wrong OP - you know full well where you stand legally. If a car is on the public highway (even for once or twice a year) it needs current tax, insurance and nct. I'm willing to bet you know this.

    The question you are really asking is 'here's my situation - will I get away with it?', to which you are hoping to get anecdotal evidence from boardsies that you'll be grand.

    Well here you go - if your mother is a reasonable competent driver, using the car for a grand total of 4 miles a year - then yes, you'll probably be grand. Would I take the chance? Not in a million years. If her journey is that critical, get it road legal. If not, keep it on your land. End of.


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    Yeah, I see what ye are saying. My mother is insured on my main car as well, on my policy as a named driver. I'm fully legal and so is my car. So I guess she can use it. I was mainly just checking if there was point in taxing and insuring my other car. The one we use on the farm. But there doesn't seem to be.

    I'll finish this by saying I am in no way intented in breaking the law. I just wanted opinions. Which is exactly what I got. Thanks for the folks who were helpful. :)


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  • Closed Accounts Posts: 4,464 ✭✭✭Ultimate Seduction


    grogi wrote: »
    In other words - you are insured to drive such vehicle. Not presenting insurance disk is an offence, but as mentioned before, nowhere as severe as driving uninsured.

    Bring your full cert in the temporary car, if pulled show gardai. I've never heard of anyone who is actually insured getting done for non display, they most often give 10 days to produce


  • Closed Accounts Posts: 9,535 ✭✭✭btkm8unsl0w5r4


    job seeker wrote: »

    As for your spoiler.. I'm not into that sorta thing. ;)

    Simple so, pay the back tax and get a new tax disc. You might find that your insurance policy states the car must be maintained to a standard, lack of NCT and lack of tax could invalidate your policy. If you hit another car and killed somebody and there was a multimillion insurance claim, you might find the insurance company will have themselves covered on untaxed and unroadworthy cars.


  • Registered Users, Registered Users 2 Posts: 3,240 ✭✭✭Oral Surgeon


    So between your mother and yourself you have two main cars and a farm runabout car??!!
    What am I missing here?? Why the need for a four page q & a??
    Just organise yourselves to drive the taxed insured and nct’d cars on the road and leave the sh1tbox on the farm!!
    What is the reason that your mother would take the farm crapbox on the public road twice a year?? What is she transporting??


  • Registered Users, Registered Users 2 Posts: 4,396 ✭✭✭whomitconcerns


    job seeker wrote: »
    I'll finish this by saying I am in no way intented in breaking the law. I just wanted opinions. Which is exactly what I got. Thanks for the folks who were helpful. :)

    Erm you are breaking the law. It's not allowed on the road without tax and NCT. So either it stays on the farm or you she stops using it


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


    I'm actually worried about the amount of people who think this is a valid way of insuring a second car, without insuring a second car. They think it's genius, when in fact it's completely illegal.

    Things like this just remind us all why Google is so dangerous in the hands of a complete idiot.


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  • Registered Users, Registered Users 2 Posts: 3,240 ✭✭✭Oral Surgeon


    myshirt wrote: »
    I'm actually worried about the amount of people who think this is a valid way of insuring a second car, without insuring a second car. They think it's genius, when in fact it's completely illegal.

    Things like this just remind us all why Google is so dangerous in the hands of a complete idiot.

    Sure you'd be mad to pay all that money, this is how the rich get richer you know, Denis O'Brien and the like....!!


  • Registered Users, Registered Users 2 Posts: 3,240 ✭✭✭Oral Surgeon


    Erm you are breaking the law. It's not allowed on the road without tax and NCT. So either it stays on the farm or you she stops using it

    When I see these threads, I just think of this.....

    https://www.youtube.com/watch?v=Zx40udwQvZI



  • Moderators, Politics Moderators Posts: 41,240 Mod ✭✭✭✭Seth Brundle


    job seeker wrote: »
    The mother drives it twice a year. About 2 miles to and from the location. But it's used regularly on our farm. But that's all private owned by us..
    Does she know that it will not have motor tax?
    Does she know that it will not have a current NCT?
    Does she know that it may not have insurance cover?
    She will be the person caught and therefore she will be the person legally in trouble. If she is cool with that then so be it.


  • Moderators, Politics Moderators Posts: 41,240 Mod ✭✭✭✭Seth Brundle


    job seeker wrote: »
    I'll finish this by saying I am in no way intented in breaking the law. I just wanted opinions. Which is exactly what I got. Thanks for the folks who were helpful. :)
    You already knew the law because you told us of the status of the car in terms of motor tax, NCT and insurance.
    You are looking for ways to get away without any of the above three in place. Why ask otherwise?


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


    myshirt wrote: »
    I'm actually worried about the amount of people who think this is a valid way of insuring a second car, without insuring a second car. They think it's genius, when in fact it's completely illegal.

    Can you elaborate why it's completely illegal?


  • Registered Users, Registered Users 2 Posts: 4,710 ✭✭✭blackbox


    Your mother may be insured to drive the car by way of third party extension, but if she parks it in a public place it is uninsured, which is illegal. (As well as no NCT or tax).


  • Registered Users, Registered Users 2 Posts: 2,230 ✭✭✭Nate--IRL--


    blackbox wrote: »
    Your mother may be insured to drive the car by way of third party extension, but if she parks it in a public place it is uninsured, which is illegal. (As well as no NCT or tax).

    This is interesting, can you elaborate? My brother has a car that is not insured, but is parked outside his house. Is it the car or the driver that is insured?

    Nate


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    kbannon wrote: »
    You already knew the law because you told us of the status of the car in terms of motor tax, NCT and insurance.
    You are looking for ways to get away without any of the above three in place. Why ask otherwise?

    I assumed it was legal, as the insurance company didn't require a valid n.c.t and tax. That's why I wasn't sure why the insurance company would take that chance. Any I'm out, the cars not been taxed and it's staying off the road. I've nothing else to add to this thread.


  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    This is interesting, can you elaborate? My brother has a car that is not insured, but is parked outside his house. Is it the car or the driver that is insured?

    Nate

    The car is usually insured for a certain driver, or drivers if more are named on the policy. If a vehicle is used in a public place it's required to be insured, taxed and have a valid NCT. Parking on the road is using a public place. So I can legally drive an uninsured vehicle once my policy allows it, but once I park it and get out it's illegally parked.


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