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Comments

  • Registered Users, Registered Users 2 Posts: 2,292 ✭✭✭Chiparus


    Riva10 wrote: »
    Put the onus on the insurance companies to keep the database up to date, and there should not be a problem. Any wrongful seizure, then the owner should be compensated by the relevant insurance company. (Some hope)
    Is this signalling the end of the physical tax disc as in the UK?

    Could cost the guards (i.e. us ) a lot.
    http://www.independent.ie/irish-news/courts/tycoon-gets-15000-over-car-seizure-by-gardai-26538219.html


  • Closed Accounts Posts: 6,210 ✭✭✭pablo128


    Imagine they would be a few feet from station and end up stuck there for the rest of the shift as so many are driving other motors even to get away with insurance costs.

    I can insure something small then drive around in a souped up turbo.

    Why would they be stuck in the station? The idea is to use the on board computer.


  • Registered Users, Registered Users 2 Posts: 86,596 ✭✭✭✭Atlantic Dawn
    GDY151


    Sure why would you need a working brake caliper :D ...

    https://twitter.com/GardaTraffic/status/840625242926137346


  • Registered Users, Registered Users 2 Posts: 24,519 ✭✭✭✭punisher5112


    pablo128 wrote: »
    Why would they be stuck in the station? The idea is to use the on board computer.

    Never said in station. What I mean is they would be extremely busy pulling most cars over outside so wouldn't get very far.


  • Registered Users, Registered Users 2 Posts: 9,653 ✭✭✭Voodoomelon


    One in fourteen cars have no insurance. If you break that down further by year, i'd say if a Garda passes something older than 2000 like that black Polo above with a young driver, there's a huge chance it has no insurance. Maybe one in three or higher.


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  • Registered Users, Registered Users 2 Posts: 478 ✭✭blackbird99




  • Registered Users, Registered Users 2 Posts: 33,665 ✭✭✭✭AndrewJRenko


    This post has been deleted.

    Are you sure about the second part?

    Even so, they could question the 'main driver' issue. If you're not the main driver of the car that you are insured on, there is no valid policy.


  • Closed Accounts Posts: 21,723 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 8,917 ✭✭✭GM228


    Are you sure about the second part?

    Even so, they could question the 'main driver' issue. If you're not the main driver of the car that you are insured on, there is no valid policy.

    A lot of insurers actually don't stipulate the other car is insured, infact oddly enough some specifically state :-

    We will cover you driving any other motor car as long as:-

    <snip>

    "cover is not provided by any other insurance".


    Being main driver is irrelevant when driving other cars as you are still the main driver of the vehicle mentioned on your own policy, I assume that is what you mean as that statement is a bit confusing.


  • Moderators, Science, Health & Environment Moderators Posts: 20,584 Mod ✭✭✭✭Sam Russell


    I would imagine new legislation would be required.

    1. Gardai see ANPR alert and pull over driver. Gardai ask driver for licence and insurance. [Licence must be produced, insurance in 10 days to selected Garda Station]. If no licence, and car is not covered, car in impounded.

    2. ANPR surveillance vehicle records all vehicles passing and issues FCPN for any vehicle not covered. The owner/driver has 10 days to produce at Garda Station, and if it proves the vehicle is covered, FCPN is cancelled.

    New legislation is required to put the onus on driver to carry licence and to be insured. Failure to carry licence, and vehicle not covered, allows Gardai to seize vehicle. Obviously, Gardai could form the opinion that there is cover and so just require proof to be shown at the Garda Station in 10 days and driver can continue.

    If you drive another car on your own insurance, you should/must put the disc from your car onto the borrowed car as you are required to have a valid disc to show insurance. You prove the disc is valid by showing the certificate of insurance to the Garda (within 10 days at the selected Garda station).

    I think this would work. Once a vehicle is identified as uninsured, the Gardai just need to follow it up, they do not need to grab every uninsured car on the side of the road, although a bit of hi-viz does not do much harm.


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  • Registered Users, Registered Users 2 Posts: 8,917 ✭✭✭GM228


    New legislation is required to put the onus on driver to carry licence and to be insured.

    Legislation already requires you to carry your licence at all times.

    To change the law to require a licence be on your person or else the insurance becones invalid would be in violation of EU law as the minimum third party insurance is mandatory which is all you get anyway on the driving other cars extension.


    If you drive another car on your own insurance, you should/must put the disc from your car onto the borrowed car as you are required to have a valid disc to show insurance. You prove the disc is valid by showing the certificate of insurance to the Garda (within 10 days at the selected Garda station).

    Currently what you suggest is illegal, having the original disc and requiring the policy be produced within 10 days is no different to the current position as you have to produce within 10 days either way. You also create the possibility of your own car being driver by a named policy holder on your policy driving without a valid insurance disc on your primary vehicle whilst your are driving the other car.

    You are also not required to display a valid insurance disc for the first 10 days of cover coming into force on the particular vehicle, this does not apply to a vehicle which hasn't got an insurance disc of it's own, so if you are driving it on your own policy there is no requirement to display a valid insurance disc.


  • Moderators, Science, Health & Environment Moderators Posts: 20,584 Mod ✭✭✭✭Sam Russell


    GM228 wrote: »
    Legislation already requires you to carry your licence at all times.

    To change the law to require a licence be on your person or else the insurance becones invalid would be in violation of EU law as the minimum third party insurance is mandatory which is all you get anyway on the driving other cars extension.

    The driving licence is to satisfy the Garda that the driver has one, and that the licence refers to the driver. There is no intention on my part to suggest that insurance would be invalid. The new legislation would be to put the onus on the driver and absolve the Gardai of any liability if the driver fails to produce it when requested - we cannot have the Gardai being sued for doing their duty.


  • Registered Users, Registered Users 2 Posts: 8,917 ✭✭✭GM228


    The driving licence is to satisfy the Garda that the driver has one, and that the licence refers to the driver. There is no intention on my part to suggest that insurance would be invalid. The new legislation would be to put the onus on the driver and absolve the Gardai of any liability if the driver fails to produce it when requested - we cannot have the Gardai being sued for doing their duty.

    But that is already the case.

    What do you think the Gardaí could be sued for, negligence - that can't actually happen as you can't sue the Gardaí for negligence for any actions (or lack of) arising from their prosecutorial or investigatory functions.


  • Registered Users, Registered Users 2 Posts: 33,665 ✭✭✭✭AndrewJRenko


    GM228 wrote: »
    A lot of insurers actually don't stipulate the other car is insured, infact oddly enough some specifically state :-

    We will cover you driving any other motor car as long as:-

    <snip>

    "cover is not provided by any other insurance".
    My own policy says; "We will provide you with third party insurance cover to drive another private car not belonging to you. Occupational and age restrictions may apply."

    So nothing about it being insured elsewhere there - good point.
    GM228 wrote: »

    Being main driver is irrelevant when driving other cars as you are still the main driver of the vehicle mentioned on your own policy, I assume that is what you mean as that statement is a bit confusing.

    It depends whether it is a one-off incident or a regular incident. If regular, it raises questions about whether the driver is the main driver of the car that he is mainly insured on, and whether the listed main driver of the other car is actually the main driver of that other car, assuming it is insured by someone else.


  • Registered Users, Registered Users 2 Posts: 8,917 ✭✭✭GM228


    It depends whether it is a one-off incident or a regular incident. If regular, it raises questions about whether the driver is the main driver of the car that he is mainly insured on, and whether the listed main driver of the other car is actually the main driver of that other car, assuming it is insured by someone else.

    Being the main driver and actually driving your own car are not the same though, you could be the main driver of your own car, but rarely actually use it (i.e keep it idle - I could drive my car once a year, if no-one else uses it I am still the main driver of the car), instead use another car for whatever reason, technically nothing wrong with that from your point of view.

    Obviously if the other car is insured by someone else there is a doubt over them being the main driver of the vehicle you are using, but that is an issue between them and their insurer.


  • Closed Accounts Posts: 22,847 ✭✭✭✭Shannon757




  • Closed Accounts Posts: 6,186 ✭✭✭boardsuser1




  • Closed Accounts Posts: 6,186 ✭✭✭boardsuser1




  • Closed Accounts Posts: 6,186 ✭✭✭boardsuser1




  • Closed Accounts Posts: 6,186 ✭✭✭boardsuser1




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  • Closed Accounts Posts: 6,186 ✭✭✭boardsuser1




  • Registered Users, Registered Users 2 Posts: 2,292 ✭✭✭Chiparus


    I would imagine new legislation would be required.

    1. Gardai see ANPR alert and pull over driver. Gardai ask driver for licence and insurance. [Licence must be produced, insurance in 10 days to selected Garda Station]. If no licence, and car is not covered, car in impounded.

    2. ANPR surveillance vehicle records all vehicles passing and issues FCPN for any vehicle not covered. The owner/driver has 10 days to produce at Garda Station, and if it proves the vehicle is covered, FCPN is cancelled.

    New legislation is required to put the onus on driver to carry licence and to be insured. Failure to carry licence, and vehicle not covered, allows Gardai to seize vehicle. Obviously, Gardai could form the opinion that there is cover and so just require proof to be shown at the Garda Station in 10 days and driver can continue.

    If you drive another car on your own insurance, you should/must put the disc from your car onto the borrowed car as you are required to have a valid disc to show insurance. You prove the disc is valid by showing the certificate of insurance to the Garda (within 10 days at the selected Garda station).

    I think this would work. Once a vehicle is identified as uninsured, the Gardai just need to follow it up, they do not need to grab every uninsured car on the side of the road, although a bit of hi-viz does not do much harm.

    I had a friend who was left on the side of the road In Waterford, because APNR said he had no insurance, forced to take a train back to Dublin.

    Car had to shipped back to him the next day. When to computer error was fixed!


  • Registered Users, Registered Users 2 Posts: 33,665 ✭✭✭✭AndrewJRenko


    GM228 wrote: »
    Being the main driver and actually driving your own car are not the same though, you could be the main driver of your own car, but rarely actually use it (i.e keep it idle - I could drive my car once a year, if no-one else uses it I am still the main driver of the car), instead use another car for whatever reason, technically nothing wrong with that from your point of view.

    Obviously if the other car is insured by someone else there is a doubt over them being the main driver of the vehicle you are using, but that is an issue between them and their insurer.

    The scenario you outline is fairly unlikely. Why would you be insuring a car to keep it idle?

    And the question of the main driver of the other vehicle is an issue between the owner of that vehicle, the insurer of that vehicle and the Gardai, if they take a view that the terms of the policy are being breached.


  • Registered Users, Registered Users 2 Posts: 5,143 ✭✭✭job seeker




  • Registered Users, Registered Users 2 Posts: 1,642 ✭✭✭crasy dash


    Waterford Traffic MIT C/Point Arrest driver for Drunk Driving gave false name. Unlawfully at large & Disqualified. Charged & taken to Prison https://t.co/3lnof0AwWh


  • Registered Users, Registered Users 2 Posts: 5,143 ✭✭✭job seeker


    crasy dash wrote: »
    Waterford Traffic MIT C/Point Arrest driver for Drunk Driving gave false name. Unlawfully at large & Disqualified. Charged & taken to Prison https://t.co/3lnof0AwWh

    I don't know about everyone else, but when I read a post here it makes me feel quite smug, known that the driver is receiving their just desserts.. :cool::)


  • Registered Users, Registered Users 2 Posts: 73,327 ✭✭✭✭colm_mcm


    I don't think they get desserts in prison?


  • Closed Accounts Posts: 21,723 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 404 ✭✭ml100


    These guys don't see prison, I always wondered when I read in the paper that someone had 100 previous convictions, I just couldn't see how they would get caught by the guards that many times committing burglaries etc, but looking at this thread I wonder how many of the convictions are motoring, they just don't give a f..k, drive when disqualified, drunk etc, the law has no effect on these guys, they don't have to worry about convictions increasing their insurance as they have no intention of ever paying for it


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  • Registered Users, Registered Users 2 Posts: 5,143 ✭✭✭job seeker


    colm_mcm wrote: »
    I don't think they get desserts in prison?

    :pac::pac::pac: I'd say far from it! :D


This discussion has been closed.
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