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Another NCT question

  • 20-05-2019 11:29pm
    #1
    honda boi
    Registered Users Posts: 1,696 ✭✭✭


    Well guys,
    Another silly NCT question.
    Got given a car with no NCt .
    Has tax and insurance .
    We wanna put it through the test .
    Just wondering if your ok to drive to and from the test centre with no NCt.
    I could of swore it used to be like that or so I was told.
    Missus is the only one insured to drive it so she doesn't wanna risk any unnecessary points.
    Thanks


Comments

  • #2
    johndaman66
    Registered Users Posts: 4,095 ✭✭✭johndaman66


    You/ Misses or whoever is covered to drive the car will be good to drive to the test centre as long as just driving to the test centre for test. Just have confirmation of the booking to hand either hard copy or on the phone in case pulled over I would say. At the risk of stating the obvious make sure all is in order with tyres, lights, indicators etc.


  • #3
    Atlantic Dawn
    Registered Users Posts: 81,076 ✭✭✭✭Atlantic Dawn
    M


    With expired NCT she can get points if stopped. Bring it on a tow truck to NCT.


  • #4
    pablo128
    Closed Accounts Posts: 6,221 ✭✭✭pablo128


    Atlantic Dawn wrote: »
    With expired NCT she can get points if stopped. Bring it on a tow truck to NCT.

    Johndaman is right. You are allowed to drive it to a test centre for a test.


  • #5
    Atlantic Dawn
    Registered Users Posts: 81,076 ✭✭✭✭Atlantic Dawn
    M


    pablo128 wrote: »
    Johndaman is right. You are allowed to drive it to a test centre for a test.


    Can you link to where it says that is allowed?


  • #6
    SweetCaliber
    Registered Users Posts: 2,460 ✭✭✭SweetCaliber


    pablo128 wrote: »
    Johndaman is right. You are allowed to drive it to a test centre for a test.

    Under Section 18 of the Road Traffic Act 1961, It is an offence to drive a vehicle without a valid NCT certificate.

    From what I gather it doesn't matter if your driving to the test center or to the shop down the road. You can book your NCT up to 3 months in advance of the required test date.

    The penalty attached is a fine of up to €2000 and /or up to three months imprisonment. The Courts may also impose up to 5 penalty points following a successful conviction.

    http://www.irishstatutebook.ie/eli/1961/act/24/section/18/enacted/en/html#sec18
    http://www.rsa.ie/en/RSA/Your-Vehicle/Your-Vehicle-/Road-Worthiness--Related-Offences/General-Roadworthiness/

    Your insurance policy could also be void as many insurers require valid NCT on your car. If you had an accident on the way to the test center theres a good chance your Insurer could try reclaim the costs of the claims from you.

    Further Reading:

    Also mentioned in European Communities (Vehicle Testing) Regulations, 2004

    http://www.irishstatutebook.ie/eli/2004/si/771/made/en/print
    Requirement to have certificate of roadworthiness

    19. (1) Subject to paragraphs (4) and (5), a person shall not use in a public place a vehicle to which these Regulations apply unless there is in force in respect of the vehicle a certificate of roadworthiness.

    (2) A person who contravenes paragraph (1) and, if he or she is not the owner of the vehicle, the owner, is each guilty of an offence.

    (3) Where a person who contravenes paragraph (1) is not the owner of the vehicle and the owner is charged with an offence under paragraph (2), it is a defence to the charge if the owner shows that the vehicle was used without his or her consent.

    (4) Where, in a prosecution for an offence under paragraph (2), it is shown that a demand having been made under Regulation 20, that the person—

    (a) to whom the demand was made refused or failed to produce a certificate of roadworthiness, or

    (b) having produced a certificate of roadworthiness to a member of the Garda Síochána refused or failed to permit the member to read and examine it,

    it shall be presumed, until the contrary is shown by the defendant, that the vehicle was being used in contravention of paragraph (1).

    (5) The existence of a current certificate of roadworthiness for a vehicle does not affect any prosecution for an offence under the Road Traffic Acts 1961 to 2003.


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  • #7
    Outlaw Pete
    Registered Users Posts: 10,423 ✭✭✭✭Outlaw Pete


    I was in a similar situation recently and decided to get it tow truck'd rather than risk the points.

    Cost was €100.


  • #8
    [Deleted User]
    Posts: 7,499 ✭✭✭[Deleted User]


    Outlaw Pete wrote: »
    I was in a similar situation recently and decided to get it tow truck'd rather than risk the points.

    Cost was €100.

    Absolute madness,but your money so waste it how you want.


  • #9
    Patrick2010
    Registered Users Posts: 2,968 ✭✭✭Patrick2010


    Outlaw Pete wrote: »
    I was in a similar situation recently and decided to get it tow truck'd rather than risk the points.

    Cost was €100.


    A lot of paranoia here.

    I was stopped twice last year in the space of 2 weeks with an out of date NCT but both times got waved on when I showed the booking date on my phone.
    Theres no way a guard will summons you if you're stopped on the way to the NCT when you show them the booking for that day,


  • #10
    antodeco
    Registered Users, Subscribers Posts: 13,422 ✭✭✭✭antodeco


    Patrick2010 wrote: »
    A lot of paranoia here.

    I was stopped twice last year in the space of 2 weeks with an out of date NCT but both times got waved on when I showed the booking date on my phone.
    Theres no way a guard will summons you if you're stopped on the way to the NCT when you show them the booking for that day,

    Unless you are driving like a d!ckhead, and the Garda wants to apply the full force of the law!

    Ive never been queried about NCT ever. I think in the last 10 years of driving, Id say ive gone through single figures of checkpoints.


  • #11
    garv123
    Registered Users Posts: 6,576 ✭✭✭garv123


    I'd chance driving it,

    I drove a car 3 months out of date to the test centre, met a check point on the way :pac::pac:

    I told him where I was going, asked if he wanted to see the booking, he said no, made a joke about the odds of getting stopped, and sent me on my way.

    You'd want to meet a right moody fecker to fine you


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  • #12
    Del2005
    Registered Users Posts: 18,855 ✭✭✭✭Del2005


    Patrick2010 wrote: »
    A lot of paranoia here.

    I was stopped twice last year in the space of 2 weeks with an out of date NCT but both times got waved on when I showed the booking date on my phone.
    Theres no way a guard will summons you if you're stopped on the way to the NCT when you show them the booking for that day,

    You have no insurance when driving without an NCT, the insurance companies have started to go after people who they paid out 3rd party claims for when they did not comply with the terms of the policy.


  • #13
    thebiglad
    Registered Users Posts: 1,554 ✭✭✭thebiglad


    Del2005 wrote: »
    You have no insurance when driving without an NCT, the insurance companies have started to go after people who they paid out 3rd party claims for when they did not comply with the terms of the policy.

    Please quote the insurance exclusion for this - I am sure you will refer to roadworthiness.

    An NCT in date does not prove the car is roadworthy - you could pass and next day a bulb fails (which would have caused a fail at NCT) or 3 months later the tyres are below minimum tread etc - technically the car is then not roadworthy.

    The insurance company would have to demonstrate an unrectified defect on the vehicle in some way contributed to the accident.

    As stated by earlier posters - ensure the obvious are in good order, tyres, lights, wipers.


  • #14
    antodeco
    Registered Users, Subscribers Posts: 13,422 ✭✭✭✭antodeco


    Sure I failed my NCT over the weekend, because one of my registration plate bulbs wasnt bright enough! Everything else passed with flying colours! Itd want to be a sh!tty insurance company to claim (if I crashed) that my less than full brightness registration plate bulb caused the crash! (That's besides the point as my NCT is valif for another 2 months)


  • #15
    CiniO
    Registered Users Posts: 16,088 ✭✭✭✭CiniO


    To shortly answer OP's question.

    It is illegal to drive without valid NCT to the NCT centre, even if it's for the purpose of the test.
    It is legal however, to drive the car back home or wherever else that day, after the car fails NCT.

    So if OP wants to stay 100% legal, then get the car towed to NCT, but then no matter if it passes of fails, he can drive it back home or to the garage for repairs or virtually anywhere they wish within rest of that day.


  • #16
    SweetCaliber
    Registered Users Posts: 2,460 ✭✭✭SweetCaliber


    thebiglad wrote: »
    Please quote the insurance exclusion for this - I am sure you will refer to roadworthiness.

    An NCT in date does not prove the car is roadworthy - you could pass and next day a bulb fails (which would have caused a fail at NCT) or 3 months later the tyres are below minimum tread etc - technically the car is then not roadworthy.

    The insurance company would have to demonstrate an unrectified defect on the vehicle in some way contributed to the accident.

    As stated by earlier posters - ensure the obvious are in good order, tyres, lights, wipers.

    AXA, Aviva, Allianz are just a few to name, here is an example from Allianz:

    480832.PNG

    https://www.allianz.ie/car-insurance/faqs/motor_policy_document_0412.pdf

    Same for Axa:

    480833.PNG

    https://www.axa.ie/download/axa-car-insurance-policy-290318.pdf

    And so on.

    At the end of the day, yes it would be rare to meet a copper that would do you for it, but if you do meet the wrong copper you could be done for no NCT and no insurance.

    I've done it before, and never had an issue, but if you are asking if it is legal or not, the answer is no.

    If you are asking if you will get away with it, the answer is maybe, probably, nobody knows.

    It's the same as driving without a license after passing the test, all you have is the receipt from the NDLS but no actual license yet.

    I've done that also, and again it would depend on the copper you meet and how he/she would handle it.


  • #17
    honda boi
    Registered Users Posts: 1,696 ✭✭✭honda boi


    Thanks guys .
    The NCT was up the 19/05/19 so only out by 2 days today.
    Got the car Saturday.
    Ye it would want to be a right moody garda to do ya for it.
    Id drive it meself but I'm only a named driver on a policy so don't have driving other cars.

    Cinio,that's mad. So you can't drive there but if it fails you can drive it back. The mind boggles at whoever thought of that!


  • #18
    Cordell
    Registered Users Posts: 5,757 ✭✭✭Cordell


    I don't think that's true - you can drive back after a failed NCT only if the old one is not expired.


  • #19
    CiniO
    Registered Users Posts: 16,088 ✭✭✭✭CiniO


    Cordell wrote: »
    I don't think that's true - you can drive back after a failed NCT only if the old one is not expired.

    http://www.irishstatutebook.ie/eli/2017/si/415/made/en/print
    (9) Subject to paragraphs (4) and (7), section 18 and these Regulations do not apply to a vehicle—

    (a) which has reached the fortieth anniversary of its first registration,

    (b) first registered prior to 1 January 1980, or

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

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

    (e) in the 24 hour period prior to a test appointment in the case of a vehicle heretofore used solely on an off-shore island attending for a first test provided evidence of the appointment is produced, or

    (f) which is owned or operated by the Garda Sh or the Defence Forces.


  • #20
    Cordell
    Registered Users Posts: 5,757 ✭✭✭Cordell


    Right, it actually makes a bit of sense: even a failed NCT means that your car is not dangerous to drive - obviously as long as the failure is not the dangerous kind.
    But you may still have issues with insurance cover, they don't state this exception.


  • #21
    CiniO
    Registered Users Posts: 16,088 ✭✭✭✭CiniO


    Cordell wrote: »
    Right, it actually makes a bit of sense: even a failed NCT means that your car is not dangerous to drive - obviously as long as the failure is not the dangerous kind.
    But you may still have issues with insurance cover, they don't state this exception.

    In example quoted above by SweetCaliber it states as follows:

    Allianz: Your car, where necessery, has a valid NCT certificate.

    AXA: your car has a valid NCT certificate if required by law.


    So in above examples, considering that Road Traffic (National Car Test) Regulations 2017 does not apply to vehicles on the day on which a test certificate in respect of the vehicle had been refused, therefore IMO NCT cert is not required by law neither necessery so you should be in the clear.

    Obviously it depends on insurer's policy wording.

    And probably it wouldn't be a bad idea if GM228 had a look at it, if my logic is right here ;)


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  • #22
    Cordell
    Registered Users Posts: 5,757 ✭✭✭Cordell


    No, even if you are permitted to drive after a failed NCT it does not mean that you don't have a valid certificate, it only means that you are exempt, for a short period of time, for legal consequences as stated in the law. The insurance contract and terms and conditions don't have this exception.


  • #23
    CiniO
    Registered Users Posts: 16,088 ✭✭✭✭CiniO


    Cordell wrote: »
    No, even if you are permitted to drive after a failed NCT it does not mean that you don't have a valid certificate, it only means that you are exempt, for a short period of time, for legal consequences as stated in the law. The insurance contract and terms and conditions don't have this exception.

    But they do.

    In example above Axa says that car must have valid NCT if required by law.

    So if the law makes exception, then it is not required by law.


  • #24
    corks finest
    Registered Users Posts: 8,627 ✭✭✭corks finest


    honda boi wrote: »
    Well guys,
    Another silly NCT question.
    Got given a car with no NCt .
    Has tax and insurance .
    We wanna put it through the test .
    Just wondering if your ok to drive to and from the test centre with no NCt.
    I could of swore it used to be like that or so I was told.
    Missus is the only one insured to drive it so she doesn't wanna risk any unnecessary points.
    Thanks
    No


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