Parking on a public road and no motor tax question.

Vegeta

Ok say I have 2 cars. One is in my driveway the other is parked across the road.

The second car is out of tax and parked on a public road. What is the legality here.

My brother has a car parked outside his house he is waiting for a part to fix it. Its out of tax but clearly not abandoned (clean and looks perfect, not causing obstruction) and registered to him at that address.

He came home today to find the county council have put a sticker on it saying the car is abandoned and if it is not gone in 7 days will be taken away. Waste management act 1996 section 71.

SO can someone shed a bit of light on this, in the act itself it says:

"abandoned", in relation to a vehicle, includes left in such circumstances or for such period that it is reasonable to assume that the vehicle has been abandoned, and cognate words shall be construed accordingly;

Fair enough the car is out of tax and he can tax it but will they come along in 2 months time and say, the car is abandoned even though it is taxed just because it may not have moved.

Section 71 of the waste management act quotes the road traffic act. My question is what does it say about road tax and parking on a public road.

Is a car considered abandoned because it out of tax?

What's the offence for parking on a public road with no tax?

puntosporting

Sounds like a disgruntled neighbour has made a phone call for some reason!
As far as im aware if its taxed insured and nct'd then its perfectly road legal as long as its not causing an obstruction!

biko

No valid tax disc on road = 60 Euro fine per offence.
This means they can come back next day and fine you again, it happened to me outside my house.

ShooterSF

Push the broken car into the drive way? Therefore it's off the road and doesn't need to be taxed as it's off the road.
Park the working car on the road instead?

chris85

afaik if its not taxed cant be on public road

Vegeta

yup disgruntled neighbour alright

yeah the car is going to be jammed into the drive. Which fixes the problem but as far as I can see the guy from the council was wrong to put an abandoned sticker on the car which was very clearly not abandoned.

A tax fine then yeah sure but not the threat of removing the car

crosstownk

If the tax is out 3 months, the car can be seized. I know that the Gardaí can take a car that is out of tax by 3 months if they catch you driving it but I'm not sure what the procedure is in relation to parked and unattended vehicles. I suppose it's possible that they could tow it away, but I'm not sure.

Steve

Vegeta wrote: »

What's the offence for parking on a public road with no tax?

Don't have the time to dig deep into this but AFAIK it's Sec 73 of the finance act 1976.
http://www.irishstatutebook.ie/1976/en/act/pub/0016/sec0073.html#zza16y1976s73

73.—(1) Where a vehicle to which this Part applies is used, parked or otherwise kept at any time in a public place, if while the vehicle is being so used, parked or kept there is not fixed to and exhibited on the vehicle in accordance with section 5 (5) of the Act of 1920 a licence which is both issued in respect of the vehicle and is for the time being in force, then the person by whom the vehicle is so used, parked or kept at the time shall be guilty of an offence, and in addition to the person aforesaid, the person (if he is not the person aforesaid) who on the day on which the offence is committed is in relation to the vehicle the relevant person shall also be guilty of an offence.

NewDubliner

Saw a few cars prominently clamped in Warrenpoint last month, specifically for Road Tax. No messing up there.

Esel

OP, if you didn't get a ticket for no tax disc displayed, consider yourself lucky!

crosstownk wrote: »

If the tax is out 3 months, the car can be seized. I know that the Gardaí can take a car that is out of tax by 3 months if they catch you driving it but I'm not sure what the procedure is in relation to parked and unattended vehicles. I suppose it's possible that they could tow it away, but I'm not sure.

That's down to two months now. Don't ask me for a cite; I read it the other day on www.irishstatutebook.ie The 3 month period is in the Road Traffic Act 1994, later it's amended to 2 months (2006? can't be certain). Take my word for it on 2 months though.

Steve

Just to add this - (just heresay, I've nothing to back it up)
The council generally won't bother taking a car with number plates still on it becase procedure requires them to trace the owner first and send warning letters first = too much work for them.
Thats where the 'take the plates off' thing comes from when you want to get a car removed.
Again, I could be mistaken on that.

Breezer

SteveC wrote: »

Just to add this - (just heresay, I've nothing to back it up)
The council generally won't bother taking a car with number plates still on it becase procedure requires them to trace the owner first and send warning letters first = too much work for them.
Thats where the 'take the plates off' thing comes from when you want to get a car removed.
Again, I could be mistaken on that.

It's not that it's too much work, they do all that. They simply don't want to be subject to legal challenges for scrapping otherwise perfectly good cars. They pass the details to the guards who then come and fine you.

crosstownk

SteveC wrote: »

Thats where the 'take the plates off' thing comes from when you want to get a car removed.
Again, I could be mistaken on that.

+1

That's more or less the way I've heard of it too - from more than one local authority.

Steve

Breezer wrote: »

It's not that it's too much work, they do all that. They simply don't want to be subject to legal challenges for scrapping otherwise perfectly good cars. They pass the details to the guards who then come and fine you.

The difference being a fine and a storage charge vs the council taking it away as litter.

I take your point though.

Vegeta

I might add the car was only out of tax 15 days I discoverd last night when I went home.

It was sitting there for a long time (2 months, in which time it has been moved a few times so it has not been stationary) but taxed, tax was up end of June and they were out yesterday putting abandoned sticker on the car.

cormac_byrne

If you can't shift it ASAP, then inform the corpo that it is not abandoned, so your car shouldn't be on the list for the collection truck.

Also keep an eye out to see that the number plates don't vanish.
(This would b the most effective way for 'disgruntled neighbour' to ensure it does get lifted)

P.S. they won't necessarily tow it like the Guards, they might just break the side windows and put a chain through and lift it by the roof.

Victor

The sticker is there so that you move the car. If the car and sticker and still like that afte r7 days, it is reasonable to think the car is abandoned.