Pulled, had failed NCT but awaiting NCT retest

fearrchair · 08-02-2015 12:55AM #1

My friend got pulled at a Garda checkpoint a few nights ago and had no up to date NCT due to the car failing, however while he had a retest booked that didnt seem to be accepted by the Garda.

Now there's talk of 3 penalty points...just wondering is it likely to come to this...

Was he wrong to have driven...while waiting for the retest...what was he to do with the need to get to employment or to fix the car.

CiniO · 08-02-2015 01:02AM

fearrchair wrote: »

My friend got pulled at a Garda checkpoint a few nights ago and had no up to date NCT due to the car failing, however while he had a retest booked that didnt seem to be accepted by the Garda.

Now there's talk of 3 penalty points...just wondering is it likely to come to this...

Probably likely if Gard wasn't happy about fact that your friend drove without NCT.

Was he wrong to have driven...while waiting for the retest...what was he to do with the need to get to employment or to fix the car.

It's illegal to drive a car without valid NCT.
For getting to his employment - alternative form of transport (bus, taxi, lift, cycle, walk, etc).
For fixing the car - on the day he failed NCT, he was legally allowed to keep driving for the rest of the day even though his NCT was expired. This is to give people opportunity to shop around garages to fix their car.

bazz26 · 08-02-2015 01:14AM

What did it fail for?

slimjimmc · 08-02-2015 02:43AM

Likely outcome is 3 penalty points and a fine. He can choose to reject the fixed penalty notice and challenge it in court but if he loses (which is very likely) he will be awarded 5 penalty points and a fine.

Yes he was wrong to drive without a current NCT (it's totally illegal) but it's a little strange he was charged in the first place. Was he so far out of date or was the car so defective that the Garda couldn't use his discretion, or did he do something else that the Garda couldn't ignore?

CJ Haughey · 08-02-2015 02:51AM

Ops story is not adding up.

El Horseboxo · 08-02-2015 02:57AM

CJ Haughey wrote: »

Ops story is not adding up.

I'm adding it up and I get bollix.

Doom · 08-02-2015 02:59AM

Its another **** law to generate money...give people a chance, how many cars got registered in January every year until 2013, the backlog is huge.

CJ Haughey · 08-02-2015 03:01AM

Doom wrote: »

Its another **** law to generate money...give people a chance, how many cars got registered in January every year until 2013, the backlog is huge.

There is more to the ops story than its being told.

Doom · 08-02-2015 03:05AM

CJ Haughey wrote: »

There is more to the ops story than its being told.

Trolling??

evo2000 · 08-02-2015 03:07AM

CJ Haughey wrote: »

Ops story is not adding up.

Good man sherlock holmes, good thing you were here or we d all have been fooled!

If it was nothing major wrong with the car that wudnt cause an accident id say the garda was just being abit of a ... but if the car was fair bad and it was dangerous tough sheet and take ur lumps.

CJ Haughey · 08-02-2015 03:10AM

evo2000 wrote: »

Good man sherlock holmes, good thing you were here or we d all have been fooled!

Tough crowd tonight.

fearrchair · 08-02-2015 03:46AM

He was pulled on the Dyke road here in Galway and with the rally around they might be a bit more strict or extra Garda brought in. He was driving a standard 10 year old focus but l am beginning to think there's more he's not saying alright. l'm getting the story indirectly.
Maybe the Guard seen something that he wasn't happy with...

CJ Haughey · 08-02-2015 03:48AM

fearrchair wrote: »

Maybe the Guard seen something that he wasn't happy with...

Maybe my aunt is my uncle.

Atlantic Dawn · 08-02-2015 10:11AM

Was it on 4 slicks, no working lights, brake lines etc? What did it fail on? How long was it out of date?

corktina · 08-02-2015 10:49AM

he had three months to get it sorted before the NCT ran out. Why do people wait? The earlier you do it (imo) the less there is likely to be wrong!

iPhone. · 08-02-2015 10:59AM

Just wondering as I,m not very clued up on the NCT regarding failing the test. If as a previous poster said you are only allowed to continue to drive legally for the duration of the day the car failed the test to allow you time to get to a garage for repairs, how do you legally get it back to the test centre again?

Are you expected to have it towed or pay a mechanic to drive it there ?

Bing_IRL · 08-02-2015 11:22AM

Galway rally on this wknd. Might he have been lumped in with the boy racer brigade?

corktina · 08-02-2015 12:02PM

iPhone. wrote: »

Just wondering as I,m not very clued up on the NCT regarding failing the test. If as a previous poster said you are only allowed to continue to drive legally for the duration of the day the car failed the test to allow you time to get to a garage for repairs, how do you legally get it back to the test centre again?

Are you expected to have it towed or pay a mechanic to drive it there ?

I'd say yes that is the case,that's why you can do the test several months before it expires. PS mechanic can't drive it either and you can't tow it on it's own wheels...

ShaunieVW · 08-02-2015 12:10PM

corktina wrote: »

I'd say yes that is the case,that's why you can do the test several months before it expires. PS mechanic can't drive it either and you can't tow it on it's own wheels...

You can drive it to be repaired and can also drive it to be tested.

Mc Love · 08-02-2015 12:15PM

Gardai are also operating Operation Solas, checking motorists for faulty/missing lights so he might have one of those but I've seen them pull other dodgy looking auto's

witnessmenow · 08-02-2015 12:24PM

corktina wrote: »

he had three months to get it sorted before the NCT ran out. Why do people wait? The earlier you do it (imo) the less there is likely to be wrong!

I currently have an expired NCT (out since end of January)

I went to book the NCT at the start of December, so 2 months in advance. Was checking 3 test centers for a slot and there was none available til mid February (very nearly a 3 month wait). I booked it and rang the NCT number to see if I could get something before it expired and was told that they just check the system that I seen online and to keep checking back.

So I took a look a few times in between, now widening my net to 5 centers and I never seen anything earlier.

If I get pulled up on it I will be taking it to court, I feel I have done everything that is reasonably expected of me to sort it. So while you could argue I possibly should have booked in November, I would have thought 2 months in advance would have left me enough time.

Atlantic Dawn · 08-02-2015 12:29PM

Mc Love wrote: »

Gardai are also operating Operation Solas, checking motorists for faulty/missing lights so he might have one of those but I've seen them pull other dodgy looking auto's

About time.

They should next mount Operation Rubber to check bald tyres.

challengemaster · 08-02-2015 12:36PM

ShaunieVW wrote: »

You can drive it to be repaired and can also drive it to be tested.

No you can't, that was changed in 2009. You're no longer exempt whilst driving to the test centre. If you want to get a car with no NCT (expired) to the centre the only legal way is towing it

squadro · 08-02-2015 12:41PM

How about operation turn off yer bleeding fog lights unless it's foggy?

Tigger · 08-02-2015 12:51PM

challengemaster wrote: »

No you can't, that was changed last year. You're no longer exempt whilst driving to the test centre. If you want to get a car with no NCT (expired) to the centre the only legal way is towing it

That's annoying
Link please

ironclaw · 08-02-2015 12:52PM

corktina wrote: »

he had three months to get it sorted before the NCT ran out. Why do people wait? The earlier you do it (imo) the less there is likely to be wrong!

A friends car has its NCT due in March. So we decided to sit down and book in around the first week of January. Earliest date? mid-April.

As others have said, I'd take it in front of judge if I had to. This nonsense of having to ring up to get an appointment, or going on cancellation lists or waiting until midnight to see what slots come up is a joke. Its a public service we all pay for and the State tender to, why do we have to do the walking?

I've often said there should be an option on the booking to take a cancellation with 24 hours notice. I'd gladly take that and to actually implement that is literally about a weeks work of coding. Less even.

But there is absolutely zero incentive to be efficient if you are running on Government money in a captive market. NCT should be tendered to two companies. Best man wins and another company given the second contract. Repeat. Won't be long being super efficient.

Doom · 08-02-2015 12:56PM

squadro wrote: »

How about operation turn off yer bleeding fog lights unless it's foggy?

Operation Bell-end

audi12 · 08-02-2015 12:59PM

corktina wrote: »

he had three months to get it sorted before the NCT ran out. Why do people wait? The earlier you do it (imo) the less there is likely to be wrong!

Very high and mighty attitude

challengemaster · 08-02-2015 01:08PM

Tigger wrote: »

That's annoying
Link please

Actually that's my bad - this has been in force since 2009. I was thinking of something else from last year.

(5) This Regulation does not apply to a vehicle—

(a) first registered prior to 1 January 1980,

(b) which is used solely on an off-shore island,

(c) on the day on which a test certificate in respect of the vehicle had been refused, or

(d) which is owned or operated by the Garda Síochána or the Defence Forces.

This was the original version from 1999

(c) which is being driven to a test centre, for the purposes of having a test, or a re-test, carried out, for which an appointment had been made prior to the time of such driving,

ABC101 · 08-02-2015 01:28PM

Like most things in life... trying to get something done is becoming harder.

If your car NCT is due in January 2016.... then one should make a booking in June 2015, for a test in September 2015.

i.e. make an appointment 3 months before the expiry date, but as there is a 3 month waiting list you require to make a booking 6 months in advance.

That way if you fail the NCT test you have 3 months to get it sorted out and rebook the repeat test before the original certificate expires.

You can fail the NCT test for all sorts of reasons, like one of the light bulbs for the registration plate is out, a loose / worn bit of rubber on a accelerator peddle, or a recent favouite the negative terminal from the battery where it is connected to the body of the car has to be super super tight.... almost GORILLA proof.

I know of one chap who washed his car prior to the test.... but a bit of moisture got into one of the rear lenses....result FAIL.

I'm not exactly sure where a driver would stand in the eyes of the law... if their vehicle had failed the NCT on something minor... they had gotten it fixed that day.... and they were awaiting a retest... and then got stopped by a Garda who was having a bad day.

Obviously if you had the NCT report... and the receipt for the item which was repaired.... you might have a chance of saying that the car is actually safe to drive i.e. engine / brakes work etc.... all you are missing is a valid NCT cert.

But the rules being the rules probably mean you are a law breaker!

As the population increases, I can see a dire situation in the future for cars which have to be tested yearly...where on having successfully passed the NCT test... one immediately logs on to book the next test 12 months in advance!!!

witnessmenow · 08-02-2015 02:14PM

ABC101 wrote: »

Like most things in life... trying to get something done is becoming harder.

If your car NCT is due in January 2016.... then one should make a booking in June 2015, for a test in September 2015.

i.e. make an appointment 3 months before the expiry date, but as there is a 3 month waiting list you require to make a booking 6 months in advance.

That way if you fail the NCT test you have 3 months to get it sorted out and rebook the repeat test before the original certificate expires.

You can fail the NCT test for all sorts of reasons, like one of the light bulbs for the registration plate is out, a loose / worn bit of rubber on a accelerator peddle, or a recent favouite the negative terminal from the battery where it is connected to the body of the car has to be super super tight.... almost GORILLA proof.

I know of one chap who washed his car prior to the test.... but a bit of moisture got into one of the rear lenses....result FAIL.

I'm not exactly sure where a driver would stand in the eyes of the law... if their vehicle had failed the NCT on something minor... they had gotten it fixed that day.... and they were awaiting a retest... and then got stopped by a Garda who was having a bad day.

Obviously if you had the NCT report... and the receipt for the item which was repaired.... you might have a chance of saying that the car is actually safe to drive i.e. engine / brakes work etc.... all you are missing is a valid NCT cert.

But the rules being the rules probably mean you are a law breaker!

As the population increases, I can see a dire situation in the future for cars which have to be tested yearly...where on having successfully passed the NCT test... one immediately logs on to book the next test 12 months in advance!!!

I actually didn't realise you could make the booking for a date within the 3 months prior to the 3 months, all their ads etc state "you can book your test 3 months in advance". "Book" being the action of booking a test

Pulled, had failed NCT but awaiting NCT retest

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