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Galway..... Can traffic wardens fine for no tax displayed on a motorcycle?

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  • 26-07-2018 10:45am
    #1
    Registered Users Posts: 13


    Hi Folks,
    I received a €60 fine for not having my tax displayed on my motorcycle in Galway. I choose not to display it on my motorcycle because I have heard stories of people stealing the discs. I always carry the disc in my wallet.
    I spoke to the Garda about it and they said they aren't that strict about it and it's OK as long as you have tax and can produce it when required.

    Thanks


«1

Comments

  • Registered Users Posts: 1,113 ✭✭✭corglass


    The answer is yes, the offence is for non display.

    The gardi may use their discression, but could just as easily apply same logic as traffic warden


  • Registered Users Posts: 13 kevboselecta


    corglass wrote: »
    The answer is yes, the offence is for non display.

    The gardi may use their discression, but could just as easily apply same logic as traffic warden
    So what would happen if I had my disc displayed and someone stole it while I was in the shops? I'd still be fined? 
    That's a bit unfair?


  • Registered Users Posts: 2,537 ✭✭✭thecommander


    So what would happen if I had my disc displayed and someone stole it while I was in the shops?

    Then you didn't have your disc displayed.


  • Registered Users Posts: 13 kevboselecta


    So what would happen if I had my disc displayed and someone stole it while I was in the shops?

    Then you didn't have your disc displayed.
    That's a bit ****


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    If you can prove your vehicle was taxed at the time and you have evidence of an empty disc holder on the bike, then a judge will probably accept your excuse that some scrote stole the disc off the bike while you were in the shop.

    If you just don't bother displaying it "in case it gets stolen", then tough nuts.


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  • Closed Accounts Posts: 789 ✭✭✭Turnipman



    I choose not to display it on my motorcycle because ......

    You do realise that the above statement could also be written as "I choose to break the law because ......"?

    I accept that it's a very minor infraction, but people like traffic wardens seem to get off on spotting such things. Is the €60 a Galway Council fine or a Garda fine? If the former, then it should be reasonably to appeal - how do they enforce collection?


  • Registered Users Posts: 791 ✭✭✭ArrBee


    I guess I am also breaking the law.
    I have an old one displayed and I store the new one each year at home.

    In my case, I can't be arsed buying the correct sized torx to undo the disc holder....
    All this information should be electronically available nowdays. Displaying a piece of paper is soooo last year. :P


  • Closed Accounts Posts: 789 ✭✭✭Turnipman


    ArrBee wrote: »
    I guess I am also breaking the law.
    I have an old one displayed and I store the new one each year at home.

    In my case, I can't be arsed buying the correct sized torx to undo the disc holder....
    All this information should be electronically available nowdays. Displaying a piece of paper is soooo last year. :P

    I assume that you'd also be in favour of being fined electronically? Paper parking tickets and penalty notices are sooooooo last year! :D


  • Registered Users Posts: 13 kevboselecta


    Turnipman wrote: »

    I choose not to display it on my motorcycle because ......

    You do realise that the above statement could also be written as "I choose to break the law because ......"?

    I accept that it's a very minor infraction, but people like traffic wardens seem to get off on spotting such things.   Is the €60 a Galway Council fine or a Garda fine?  If the former, then it should be reasonably to appeal - how do they enforce collection?
    It's a galway council fine, also the paper was just sitting on the bike, a bit of wind could have blown it away and i wouldn't have known about it.


  • Registered Users Posts: 791 ✭✭✭ArrBee


    It's a galway council fine, also the paper was just sitting on the bike, a bit of wind could have blown it away and i wouldn't have known about it.

    What do you mean, "could have"? ;)


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  • Registered Users Posts: 791 ✭✭✭ArrBee


    Turnipman wrote: »
    I assume that you'd also be in favour of being fined electronically? Paper parking tickets and penalty notices are sooooooo last year! :D

    Sure, why not.
    I don't think they have an electronic means to contact me with a fine though and I'm not sure if they could compel people to be "electronically contactable".
    But as they own the databases of information (registration, and tax) they can easily control and compare that data in order to decide if a fine is due.

    I note that we dont need to display insurance certificates.
    Tax *should be* no different IMO.


  • Registered Users Posts: 51,150 ✭✭✭✭bazz26


    You are required to display a valid tax disc on your vehicle/motorcycle. You didn't have one displayed so you were issued a ticket for not displaying it. A traffic warden isn't to know that you won't put the tax disc on the bike in the event it's stolen. Go to the council office where the fine has to be paid and appeal the fine since the motorcycle is taxed. It will most likely be struck out.

    Regarding getting rid of paper tax discs, they did this in the UK a few years ago and the UK Treasury have lost millions every year in tax revenue since its introduction. Don't expect similar here any time soon.


  • Registered Users Posts: 3,609 ✭✭✭Lord Nikon


    €60 seems a bit excessive for non-display of a tax disc for a motorcycle.


  • Registered Users Posts: 81,223 ✭✭✭✭biko


    It is higher for a car.

    I have been nabbed for non-display myself. If you don't display then that is how it goes.

    If you are worried about theft then colour copy the real cert and display the copy*



    *no I don't know the legality around this.


  • Registered Users Posts: 13,662 ✭✭✭✭josip


    Maybe OP you did actually have it 'displayed' but very discreetly so as not to be a target for theft.
    You probably had it displayed somewhere the traffic warden's photos wouldn't have picked it up :)
    Check again...



  • Registered Users Posts: 16,931 ✭✭✭✭challengemaster


    josip wrote: »
    Maybe OP you did actually have it 'displayed' but very discreetly so as not to be a target for theft.
    You probably had it displayed somewhere the traffic warden's photos wouldn't have picked it up :)
    Check again...

    They take photos of the vehicle. Same for parking tickets.


  • Registered Users Posts: 13,662 ✭✭✭✭josip


    They take photos of the vehicle. Same for parking tickets.

    Er, yes.
    josip wrote: »
    Maybe OP you did actually have it 'displayed' but very discreetly so as not to be a target for theft.
    You probably had it displayed somewhere the traffic warden's photos wouldn't have picked it up smile.png
    Check again...


  • Registered Users Posts: 1,697 ✭✭✭honda boi


    I've heard of lads put it behind the exhaust in an awkward place so it can't be stolen.
    Be s***y if you got fined for that !!
    I'd say appeal it and should be grand once bike is taxed


  • Registered Users Posts: 18,915 ✭✭✭✭Del2005


    josip wrote: »
    Maybe OP you did actually have it 'displayed' but very discreetly so as not to be a target for theft.
    You probably had it displayed somewhere the traffic warden's photos wouldn't have picked it up :)
    Check again...

    The OP got done for non display, if it's hidden behind something it's still not being displayed.


  • Registered Users Posts: 81,223 ✭✭✭✭biko


    Moved from motors to Motorbikes


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  • Moderators, Motoring & Transport Moderators Posts: 2,957 Mod ✭✭✭✭macplaxton


    Yes, it has to be both conspicuous AND on the nearside.

    S.I. No. 385/1992 - Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1992.
    4 Exhibition of licence on vehicle.

    4. (1) The licence for a vehicle shall be carried on the vehicle at all times when the vehicle is used, parked or otherwise kept at any time in a public place.

    (2) The licence shall be carried on the vehicle as follows:—

    ( a ) on a bicycle, tricycle, or invalid carriage — in a conspicuous position on the near side of the vehicle;

    ( b ) on a bicycle or tricycle used for drawing a sidecar — on the near side of the handlebar of the cycle or the near side of the combination in front of the driving seat;

    ( c ) on a pedestrian-controlled vehicle — in a conspicuous position on the near side of the vehicle;

    ( d ) on any other vehicle — in a conspicuous position on the near side of the vehicle, or where the vehicle is fitted with a transparent windscreen — in a conspicuous position on such windscreen and in such a manner that it shall be both visible and readily accessible for inspection and be so located that it does not obscure the vision of the driver while the vehicle is being driven.

    (3) The licence shall be carried in such a manner as to show at all times the date of expiry and the particulars set out at paragraph (b) of article 3 of these Regulations.

    I have it in my jacket pocket along with my insurance cert. (I don't really park up anywhere between here and work)

    I've lost two discs in the past. One went flying over my shoulder that was on a new bike and attached to the front mudguard mounting bolts, the second was stolen somewhere in London and whilst the traffic police did take an interest in the lack of display at Leicester Forest East Services, I told them it was taxed and I wasn't paying a further £7 for a duplicate with about a month to run (more than the tax left on it) just because some scumbag had nicked it - they left a rather annoyed me alone after hearing that. :D


  • Moderators, Motoring & Transport Moderators Posts: 2,957 Mod ✭✭✭✭macplaxton


    biko wrote: »
    It is higher for a car.

    Shouldn't be, vehicle type doesn't matter.

    S.I. No. 244/2017 - Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017
    Part 7

    €60 fixed charge


    An offence under Section 73 of the Finance Act 1975 (No. 16 of 1976) consisting of a failure to fix to, and exhibit on, a vehicle a licence.


  • Registered Users Posts: 7,101 ✭✭✭Max Headroom


    macplaxton wrote: »


    "Fix to".....But where on the vehicle...??


  • Registered Users Posts: 64 ✭✭tico1300


    You could try claim that it was stolen use that as a reason to not pay fine & order a replacement disc for six quid


  • Registered Users Posts: 33,714 ✭✭✭✭listermint


    In the theme of the thread

    does anyone know were they can get a decent holder for the disk. mine is in bits. something that is not ****e.


  • Registered Users Posts: 31,017 ✭✭✭✭Lumen


    I've had mine stolen in Dublin last year. I think it was in a clear plastic cylinder.

    I now carry it in the wallet and haven't had any problems. I got stopped once and produced it from my wallet.

    You can colour copy your license and then just replace when it gets nicked, but I haven't done that because I'm irritated at the idea of enabling the scrotes so I'll just take my chances.

    Maybe if a few fines are appealed in Galway the wardens will leave bikes alone.

    edit: @listermint mine was like this

    Secure Motorcycle Motorbike Tube Tax Disc Cylindrical Holder Black Waterproof
    https://www.amazon.co.uk/Secure-Motorcycle-Motorbike-Cylindrical-Waterproof/dp/B00C594HHG

    Most of those words are true.


  • Closed Accounts Posts: 24,878 ✭✭✭✭arybvtcw0eolkf


    I was brought to court a few years ago, no display was one of the charges and since the thread is about tax discs I'll stick with that one.

    I told the judge that I always carry my tax disc in my wallet and that I had displayed it to the guard who stopped me.

    Judge asked the guard if that was the case, and he agreed.

    Judge told the guard that he should know that tax discs are regularly stolen from motorcycles and struck out that charge.

    Then cruxified me on the rest lol


  • Registered Users Posts: 7,101 ✭✭✭Max Headroom


    I was brought to court a few years ago, no display was one of the charges and since the thread is about tax discs I'll stick with that one.

    I told the judge that I always carry my tax disc in my wallet and that I had displayed it to the guard who stopped me.

    Judge asked the guard if that was the case, and he agreed.

    Judge told the guard that he should know that tax discs are regularly stolen from motorcycles and struck out that charge.

    Then cruxified me on the rest lol


    Tell...............:D


  • Registered Users Posts: 18,915 ✭✭✭✭Del2005


    Lumen wrote: »
    I've had mine stolen in Dublin last year. I think it was in a clear plastic cylinder.

    I now carry it in the wallet and haven't had any problems. I got stopped once and produced it from my wallet.

    You can colour copy your license and then just replace when it gets nicked, but I haven't done that because I'm irritated at the idea of enabling the scrotes so I'll just take my chances.

    Maybe if a few fines are appealed in Galway the wardens will leave bikes alone.

    edit: @listermint mine was like this

    Secure Motorcycle Motorbike Tube Tax Disc Cylindrical Holder Black Waterproof
    https://www.amazon.co.uk/Secure-Motorcycle-Motorbike-Cylindrical-Waterproof/dp/B00C594HHG

    Most of those words are true.

    I have a vague recollection that some people in the UK used to put a colour copy of the disc in the holder with "Duplicate, original with owner" written on it, can't remember if it worked or I made it up though.


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  • Registered Users Posts: 12,761 ✭✭✭✭galwaytt


    as a Galway resident, and having previous fought this war - and won - I'd ask the ticket issuer a question: where did he look, to find it. Show me where, exactly, he looked ?

    Unlike a car, a motorcycle doesn't (always) have a windscreen, so there is no fixed place to display it. You can, literally, put it anywhere.

    I display mine, but you're going to have to look, to find it, but technically, it is 'displayed'. Never had a Garda challenge it.

    Involved with blood bikes, we've had 1 or 2 stolen - i.e. cut off - our bikes, so frankly, I'm not putting it where you can rob it.

    So, OP, ask for evidence from the council/warden of where he looked, and photographic evidence of where he looked.

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



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