NCT Needed or Not?

mkdon05

IS it against the law to have no valid NCT? My car just failed on sunday and i need to get a few things fixed before a retest, so if I was stopped between now and the retest would i be summoned to court?

It seems some people say yes some say no, anyone know for sure?
Cheers.

mkdon05

mkdon05 wrote:

IS it against the law to have no valid NCT? My car just failed on sunday and i need to get a few things fixed before a retest, so if I was stopped between now and the retest would i be summoned to court?

It seems some people say yes some say no, anyone know for sure?
Cheers.

You will more than likely get away with it. The gaurds seem to have no interest in enforcing it at the moment. But there is always the possibility!

Alun

It is a legal requirement to have one, regardless of whether the Gardai are checking them at checkpoints etc. I've seen numerous reports in the local weekly 'newspaper' where having no NCT was added on to other charges of no tax, insurance, driving licence or other driving offences, but not on it's own.

Marcus.Aurelius

Alun wrote:

It is a legal requirement to have one, regardless of whether the Gardai are checking them at checkpoints etc. I've seen numerous reports in the local weekly 'newspaper' where having no NCT was added on to other charges of no tax, insurance, driving licence or other driving offences, but not on it's own.

It isn't an on the spot penalty points offence and it's seen as a grey area for enforcement. Is it the responsibility of the Gardaí, the insurance companies, the DoE or the DoT? You can't blame the cops for not being given the info they need, not to mention the manpower, powers and equipment.

Alun

maoleary wrote:

It isn't a penalty points offence and it's seen as a grey area for enforcement. Is it the responsibility of the Gardaí, the insurance companies, the DoE or the DoT? You can't blame the cops for not being given the info they need, not to mention the manpower, powers and equipment.

I never said it was a penalty points offence. It's still illegal not to have one if needed though, regardless of whether it's enforced and by whom.

yayamark

i've written this before somewhere

not having an nct is an offence under the road traffic act

if you are summonsed to court and convicted, it will be a fine and 5 yes five penalty points :eek:

yayamark

maoleary wrote:

Ahem, Garda is writing here, no penalty points, not a penalty points offence, not on list of penalty points, have to summon to court, nobody knows whose responsibility it is to enforce this, DoE or DoT or Gardaí

See http://www.penaltypoints.ie/the_full_list_of_offences.php

are u saying ur a garda ahem!

if so go to ur traffic office and ask to see the latest road traffic act and ammendment. there u will see the new penalties for drink driving and nct upon conviction

Marcus.Aurelius

yayamark wrote:

are u saying ur a garda ahem!

if so go to ur traffic office and ask to see the latest road traffic act and ammendment. there u will see the new penalties for drink driving and nct upon conviction

upon conviction, there is no set fine as yet for on the spot. It isn't worth the paperwork dragging someone to court. You can imagine most Guards aren't bothered with it. Its DoE business, they started the NCTS, not the DoJ. That's the point I was making. I'm not in Traffic, so I don't get the circulars as quickly.

I apologise for not making my point more clearly.

yayamark

maoleary wrote:

upon conviction, there is no set fine as yet for on the spot. It isn't worth the paperwork dragging someone to court. You can imagine most Guards aren't bothered with it. Its DoE business, they started the NCTS, not the DoJ. That's the point I was making. I'm not in Traffic, so I don't get the circulars as quickly

yes u are right there is no on the spot penalty points

so are u agreeing with me when i say that upon conviction there is a fine and 5 penalty points.

why wouldn't it be wort the paperwork when someone is driving around in a car that isn't road worthy and convicted in court

i just think that from the op post he wanted to know what the story was about penalty points and i think from your post u mislead him

Marcus.Aurelius

Easy does it now. It just means that its unlikely that they will prosecute, but there's always one!

I'd prosecute more if the feckin judiciary were more sensible with their verdicts. They let child molesters and murderers off with suspended sentences and fine motorists thousands for not paying their stealth taxes. Sorry for the rant!

OP, sorry if you were misled! If you are retaking the test, show the NCT report to the Garda along with a new appointment letter if you get one so that he can see that you're going to redo it!

mkdon05

Thanks for the repliese lads, im just gonna get it sorted out as quick as possible and only drive the car when its essential.

Cheers

Seth Brundle

My NCT was due in April 2006*. As my traction control sensor died about two years ago leaving a warning light on the dash and I wasn't in a hurry to get it sorted I didn't bother with the NCT (also because its results vary widely!).
About three months ago I was rear ended and the insurance paid out without saying a word about the lack of an NCT (it was noted by the assessor).
Any garda that stopped me at a checkpoint or who passed the car in the street didn't bat an eyeid at it.

In the end I decided to do the test just in case the car was written off. Apparently in such events you may not recover the full value of the car.
Im doing mine on Friday!

Anyhow, as said, the NCT is mandatory but the enforcement of it by both the gardai and also by motor tax offices and insurance companys is very almost non existant. You would generally only get done by an aspiring garda with nothing else to do or if there are other faults e.g. no tax.

* IIRC I was reviously mistakingly posting on here that it was out two years ago - it wasn't.

blastman

yayamark wrote:

why wouldn't it be wort the paperwork when someone is driving around in a car that isn't road worthy and convicted in court

You think an NCT means a car is roadworthy and lack of one means it isn't???

smokey2

I was brought to court and fined €150 bout a year ago for having no nct!!

although the guard didn't like that I'd nothing else displayed but the guard with him knew me and let me produce but the car failed nct and I'd sold it well before I got the summons!!

long - short

he couldn't do me for anythin else so done me for the nct!!

no other guard ever said anythin else to me driving many other cars as long as tax insurance was displayed!!

daedalus2097

I got a lot of hassle from a Garda at a checkpoint for not having one once... Basically the car had failed on a leaky exhaust. It took a while to find someone who could even source an exhaust for the car, but as soon as I found one I ordered it and booked a repeat test. Had the due date and all to show the garda but he was having none of it, walking away and muttering something I couldn't make out. Came back then and said I had 10 days to produce an NCT certificate at a station of my choice, and when I said my test wasn't for 2 weeks and I couldn't possibly have it by then, he said "not my problem". Prat.

Anyway, went into the local station a few days later, showed them the appointment reminder and explained what had happened and that I still didn't have a cert, and they said that was absolutely no problem, I'd done nothing wrong. Meh...

Henry Ford III

Is there a possibilty that your insurance might be voidable if you knowingly drove a car without an valid NCT?

It's illegal to drive an unroadworthy vehicle, and warts and all, the NCT is the only way of proving that a vehicle is up to the standard.

Just a thought.

Keith C

Henry Ford III wrote:

Is there a possibilty that your insurance might be voidable if you knowingly drove a car without an valid NCT?

It's illegal to drive an unroadworthy vehicle, and warts and all, the NCT is the only way of proving that a vehicle is up to the standard.

Just a thought.

My car failed NCT mid april, need new rear wishbone/swinging arm as NCT guy said the current one is worn. There are 2 fails. one is car failed but is still roadworthy, second one is car failed & is unroadworthy.
Got stopped at garda checkpoint the yesterday, checked insurance & tax & never mentioned that there was no NCT in the windscreen (car is '98).
If I do have an accident (touch wood i dont) I just produce the NCT form saying I failed but NCT states that car is roadworthy.
So for Alun & other posters why would the NCT fail my car then let me drive away?? Its another money racket

Anan1

Henry Ford III wrote:

Is there a possibilty that your insurance might be voidable if you knowingly drove a car without an valid NCT?

It's illegal to drive an unroadworthy vehicle, and warts and all, the NCT is the only way of proving that a vehicle is up to the standard.

Just a thought.

I'm only guessing here, but i'd imagine that the insurance co would have to show that the car was not roadworthy rather than the other way round.

Turner

The Gardai have no more interest in NCT as a single offence. They do however combine it with other offences if they are bringing you to court.

The Garda on the street has no more interest in cars with no NCT disc. Seeing as how a pass depends on whether you removed your hub cabs for the test or had your rear middle seat belt showing.

They do however have an interest in dangerously defective vehicles/dangerously overloaded vehicles. These can be spotted/heard a mile away.

barryfitz

Well, I dont think the NCT crowd can even be bothered any more. I decided to look out my discs to see that everything was in order and found that my NCT was two months overdue!!
I didnt receive any communication saying that it was up for renewal. So I rang the NCTS number and complained to the girl and she said "Im very sorry, but sometimes we just dont get around to sending out the notification........but you can book it now if you like" . Its a load of ****, I definetly wouldn't stress over it

Anan1

Keith C wrote:

So for Alun & other posters why would the NCT fail my car then let me drive away?? Its another money racket

Nobody's letting you away - it's an offence to drive a car without a valid NCT.

daedalus2097

Anan1 wrote:

Nobody's letting you away - it's an offence to drive a car without a valid NCT.

So you're saying if your car fails its NCT, you're not allowed to drive it home, fix it up and drive it back? Who's gonna foot the taxi bill there?

bo-bo

barryfitz wrote:

Well, I dont think the NCT crowd can even be bothered any more. I decided to look out my discs to see that everything was in order and found that my NCT was two months overdue!!
I didnt receive any communication saying that it was up for renewal. So I rang the NCTS number and complained to the girl and she said "Im very sorry, but sometimes we just dont get around to sending out the notification........but you can book it now if you like" . Its a load of ****, I definetly wouldn't stress over it

dude, its your responsibility to have your car nct'ed, no one elses. I don’t see how you can complain to them that they didn't remind you. still, i concede that it would have been good practice for them to do so.

Seth Brundle

barryfitz wrote:

<snip>
but you can book it now if you like"

When booking my test online recently I was offered no times anywhere for the next five weeks. I tried loads of test centres including Carrick on Shannon just to see but nothing!
I left booking it for a week and tried again. The only slot was at the crack of dawn in Naas (which doesn't really suit me). I booked it anyhow.
I went back then recently and tried to change it and yet again there are no available slots.
How are people meant to book if there is nothing there?

yayamark

blastman wrote:

You think an NCT means a car is roadworthy and lack of one means it isn't???

pretty much

Gerry

kbannon wrote:

When booking my test online recently I was offered no times anywhere for the next five weeks. I tried loads of test centres including Carrick on Shannon just to see but nothing!
I left booking it for a week and tried again. The only slot was at the crack of dawn in Naas (which doesn't really suit me). I booked it anyhow.
I went back then recently and tried to change it and yet again there are no available slots.
How are people meant to book if there is nothing there?

Yup, in the same boat killian. I imported my car last year, got a letter from ncts as soon as I registered it. The car was not going to pass at that stage, so I put it off. It was perfectly roadworthy, already having had a lot of work done on it, but the windscreen washers were not working too well, drivers side window stuck up, which would have really pissed them off.

In the meantime was stopped twice for having no tax disc, ( this was due to complications with the tax office reading the vrt offices writing, I had paid my tax ). After I had registered it, and had tax and insurance discs, I was stopped for speeding. The guard did not mention the lack of nct disc once. After this, it really became a low priority.
Now, the car is in a state where it will pass, and seeing as I'm driving across europe in a few weeks, I did some reading up and saw that the french police will expect to see an nct disc. So, I tried to book it in. The only day free is the 28th of may, at 8am, which I can make no bother. But, if it fails, theres not a single slot free for a retest between then and my departure date ( 4th of June ), in either Fonthill or Naas. Yeah, of course I've had plenty of time to get the test done. But there hasn't been much incentive at all.

Wossack

This reminded me of the list of penalty points over on penaltypoints.ie. They have 'No NCT certificate' has having a penalty of a mandatory court appearance, and 5 penalty points. Luckily, since its not highlighted in bold, its apparently not an active penalty point offence... but geez, seems a bit extreme seeing what alot of people are failing for on boards :eek:

(driving against the flow of traffic on the motorway is just a 2 point offense)

source

BeardyGit

Gerry wrote:

.....I was stopped for speeding. The guard did not mention the lack of nct disc once. After this, it really became a low priority.....<excuses>.....Yeah, of course I've had plenty of time to get the test done. But there hasn't been much incentive at all.

Not much incentive? How about complying with the law like a responsible road user? Speeding and no test at all (even an expired one) on an imported vehicle? I'd have taken the car off you.

yayamark

Gil_Dub wrote:

Not much incentive? How about complying with the law like a responsible road user? Speeding and no test at all (even an expired one) on an imported vehicle? I'd have taken the car off you.

Now, now youve beem told!

Gerry

Gil_Dub wrote:

Not much incentive? How about complying with the law like a responsible road user? Speeding and no test at all (even an expired one) on an imported vehicle? I'd have taken the car off you.

I don't think I phrased that correctly. Obviously, there is the incentive you mention. The method for complying with this law is to subject yourself to the whim of the ncts. But the law doesn't seem to be enforced - this being the main point of the thread.

I presume you've never broken the speed limit - fair play to ye. You seem to have missed the point there also. If the guard had taken issue with the lack of nct cert, I think there would have been a fine applied - taking a car off someone is normally reserved for the case where the vehicle has not been registered.
But the guard did not even point it out. Maybe this says something about the gardai's attitude to the nct, a test you can pass with headlights aimed by front end damage, or fail due to having the wrong county written on the top of your reg plate.

I'm going to do the test shortly, as mentioned. If it fails, and theres no retest slot for a few weeks, I presume the correct thing to do is to take the car off the road?

Tanabe

Gerry wrote:

Yup, in the same boat killian. I imported my car last year, got a letter from ncts as soon as I registered it.

Imported a car myself last year. NEVER got ANYTHING from NCT after it was registered. I know it's your own responsibility to book the NCT, but as has been noted, it's not something that's enforced - yet. Maybe it will in the future, but then the whole test is so trivial anyway, it's actually quiet pathetic.