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Can nct deem car unroadworthy and keep?

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  • 03-02-2016 8:33pm
    #1
    spacekiwi
    Registered Users Posts: 225 ✭✭


    Hi, can nct centre claim a car is too dangerous to drive and prevent you from driving away? Or am i being put on??


Comments

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    #2
    Toyotafanboi
    Registered Users Posts: 12,917 ✭✭✭✭Toyotafanboi


    Yeah, they can.

    It's called a "fail dangerous".


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    #3
    CJhaughey
    Registered Users Posts: 14,906 ✭✭✭✭CJhaughey


    Is this the Honda that sat for ages?


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    #4
    mickdw
    Registered Users Posts: 23,277 ✭✭✭✭mickdw


    They won't allow it be driven away but you can trailer it. So no, they cannot keep it.


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    #5
    biko
    Registered Users Posts: 81,223 ✭✭✭✭biko


    They can yes, you'll have to get a recovery truck to remove it.
    They don't keep it, there's no point in keeping it if you have to fix it.
    Each month some 400 vehicles which are subjected to the NCT are given what is called a "fail dangerous" notice. Such vehicles are absolutely unsafe to leave the test centre and must be taken away on recovery trucks.

    There are very serious road safety issues with regard to these vehicles, and their owners would have driven them to the test centres in that condition.
    SRC


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    #6
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    Legally they can't keep the car or prevent you from driving away however they will warn you that if you drive the car they will call the Gardaí and let them deal with you. Meanwhile there's not much you can do if someone has accidentally blocked you in and gone for lunch, fag break, mislaid keys.


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    #7
    Atlantic Dawn
    Registered Users Posts: 81,297 ✭✭✭✭Atlantic Dawn
    M


    I think a sticker is places on the car saying it's "Fail dangerous" if caught driving it with that on you would likely be in trouble.


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    #8
    robtri
    Registered Users Posts: 5,473 ✭✭✭robtri


    No they can't... The NCT have NO legal grounds to hold any vehicle no matter how dangerous the fault.
    While its an offence to drive a vehicle on the road with a know dangerous fault, only the Garda can seize the vehicle...


    From the RSA

    Where a vehicle has a dangerous defect i.e. a defect that constitutes a direct and immediate risk to road safety such that the vehicle should not be used on the road under any circumstances, the NCT vehicle inspector will issue a Failed Dangerous result.

    It is an offence to drive a dangerously defective vehicle on the public road. The penalty for such an offence is a fine of up to €2,500 and 5 penalty points on conviction and/or 3 months imprisonment, (Offence under Section 54 of the Road Traffic Act 1961 and related amendments).

    When the result is Failed Dangerous the NCT vehicle inspector will advise you as follows:

    Of the existence, extent and nature of the defect.
    That if you drive a mechanically propelled vehicle in a public place while there is a defect affecting the vehicle which you know of or could have discovered by the exercise of ordinary care and which is such that the vehicle is, when in motion, a danger to the public, you shall be guilty of an offence.
    That in the opinion of NCTS the vehicle is dangerous.
    That you must make arrangements to have the vehicle removed from the test centre.
    A sticker stating “Failed Dangerous” will be attached to the vehicle and the vehicle inspector will issue you with a statement regarding requirements for vehicles with a failed dangerous result.


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    #9
    spacekiwi
    Registered Users Posts: 225 ✭✭spacekiwi


    Thanks everyone...was just checking..thought i was being put on, but obviosly not


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    #10
    SnakePlissken
    Registered Users Posts: 1,489 ✭✭✭SnakePlissken


    spacekiwi wrote: »
    Hi, can nct centre claim a car is too dangerous to drive and prevent you from driving away? Or am i being put on??

    You've been told your car is a danger to yourself and other road users, surely getting it trailered to your mechanic is the only responsible course of action.


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