Expired Licence & no NCT - Caught !!

the groutch

the groutch wrote: »

if you had admitted all offences when you were stopped, a judge might have been a bit more lenient

now you are in a situation of having effectively pleaded not guilty to:

no licence for 7 years
no nct
no insurance (will be void under the UTMOST GOOD FAITH principle)
no tax (the void insurance will technically void the tax)


looking very bad, prison sentence even a possibility??? :eek:

Take it easy! I think there is a chance this wont even get to court.

The insurance is not void once she had a licence at some point and the bit about the tax is utter rubbish. No nct is a minor offense as is driving on an expired licence. The only real offence was driving unaccompanied which is in itself treated as a minor offense. There is no way there will be a driving ban in my opinion.

Esel

paddysdream wrote: »

...
dont post very much here as to be honest most of those who do seem to be under 25 or so...

Join Date: Sept 2008 Posts:3 What is your other username?

Rabidlamb

Ok Niamh, I commend your honesty here.
Nobody in this place has ever carried a flaw in all their days :rolleyes:.

My advice is firstly apply for your new, 2nd provisional (I take it you have done this already).

Don't go straight to the guard station cause the guard has to initiate the court action when you fail to show in 10 days. Remember the guard is human like the rest of us and only fills out the paperwork when time is available.

If you're lucky enough to get a new provisional within the month call into the same station when the guard in question is off duty at that time. The desk guard will ask to see your provisional & tax, it will be the last you ever hear of it. Believe me as someone who has been in a very similar circumstance.

The mod will most likely remove this advice within the hour but hopefully someone will PM you to confirm this is common practice.

Note that I have less repect to those who beratted you than the crime you commited & this will tell you whose side I am on.

I pity the berraters, they have to try & find something to replace Jesus for their guilt now he's gone. Maybe you came along at the wrong time.

Bally8

Hi Niamh. You know what you did was stupid so there is no point in me saying anything about that. However I dont think you should worry too much about it. And definitely you wont get jail as some here have said.

My idiot brother was caught a few weeks ago, driving without tax, insurance or nct. His car was impounded. Yes he is a total flippin fool and should have had the book thrown at him. Instead the guard at the station let him off with a €120 fine when he showed up a few days later with his tax and insurance sorted.

I disagree with the resolution to this- he definitely has not learned a thing from this (he still has not sorted out the NCT as he says he is broke) but what Im trying to say is that I think you will be much better off if you are honest and come clean.

zzzzzzzz

Never mind

Niamh:>)

Good Morning all,

Just to come back to everyone that commented yesterday.
Whilst some was tough to take, i know i deserved all of it.. if not more.

I have applied for my driving theory test this morning, hoping for a cancellation for this sat too. My partner will be driving me.
Have booked in also for my eye test and will be sending forms off for license.
NCT is also booked
I cant understand why its took getting caught to do the normal everyday thing.. but i have to face those questions myself.

Once all this is done, i will be heading to station. Just need some effort of work behind me before i do this.

The tough comments where hard to take but also 100% correct about me & my situation. The kinder comments also gave me a false sense of hope and also made me feel less of a loser , albeit for a few minutes.

Thanks to all concerned x

CiaranC

felim wrote: »

Jesus, someone actually answered the girl's question usefully.

Hows that useful? A five year ban? Hes having a laugh.

felim

CiaranC wrote: »

Hows that useful? A five year ban? Hes having a laugh.

I just deleted my post, hadn't realised I was replying on page one of a 9 page thread...I'll read a little more.

edit: I've read a bit more but honestly I think everything's been said. My "useful" comments stands though, he was the first to advise her to apply for her license ASAP.

Quazzie

CiaranC wrote: »

Hows that useful? A five year ban? Hes having a laugh.

Well considering this is my local judge a five year ban isn't totally out of the question.

galwaytt

Celtic Mech wrote: »

Ok understand your point on this...but going back thru the Law....Under the Road Traffic Act, 1961:
64.—(1) A person shall not, for the purpose or in the course of obtaining the issue of an approved policy of insurance .........I understand it is a Fraudulent offence...but at the end of the day you will most likely be covered by your insurance company so i do agree with what Alanstrainor is saying.

Yes, and I concur, as they say.

But do bear in mind that if she had a licence when she filled out the original proposal, she didn't lie then, and then simply automatically renewing, since, needn't mean any fraud has been committed......all very grey, I agree, but you can only be convicted on technical point, and technically her current policy is in force. At the end of the day, the Garda are most concerned with insurance.

So, OP, get down to the station with your cert of insurance showing you're covered a.s.a.p, and the other bits and pieces, to show you're earnestly addressing everything.

Then, do a rosary

paddysdream

paddysdream wrote: »

hi niamh
just after reading this thread and can safely say that i have never seen such rubbish spouted in all my life
you are worroring yourself too much
unless you are very unlucky and meet a right p***k of a guard then i reckon its a bollicking and the" dont be caught again lecture"
dont post very much here as to be honest most of those who do seem to be under 25 or so(general impression; may not be true ;but most on here strike me as newly licensed drivers with a point to prove)
back on track: almost the same thing happened my next door neighbour (aged 50 plus) about 4 years ago. he had an nct on the car but no licence for at least the last 10 years as he forgot to renew it
all he had to do was sit the theory test and go and get his test
biggest thing was the slagging ;tried to keep it quiet
told me the guard threatned court but reckoned it a waste as it would just be a small fine

There is no point trying to talk sense like this. Once the high horse brigade gets going theres no stopping them:pac:

paddysdream

esel wrote: »

Join Date: Sept 2008 Posts:3 What is your other username?

bit close to the bone there eh esel?
no other user name
have a life, well one that does not allow access to a computer 24/7
my impression stands
like reading the posts re. cars for sale, vrt, mech. problems, nct etc but find all those regarding rules of the road, f*g lights, 2 lane carraigeways , undertaking ,farm machinery on the road etc , a load of nonsense really (personal opinion ,other people may find them fasanating)
will admit to being a little more than 25 and having a little more than a car licence
off topic i know but having driven on the continent (hgv) for 5 years on and off am surprised at the level of derision shown to irish roads, drivers etc on here
have over 20 yrs expierence driving everything from motor bikes to rigids artics to farm machinery and find ireland no different to anywhere else
try being stopped in france or by the ministry in the uk with an irish truck
and see how "nice friendly and professional " they deal with you

old boy

niamh this thread is full of fire side lawyers, wait until there is some positive outcome, good or bad, if bad get a lawyer, ask about for a recomended one, and forget about this thread.
b.t.w. compared to some of our elected leaders, and captains of indstuary, state employees etc you are a saint,
folks turn on the people that are bleeding this country, also theose that cannot lead us,
niamh is easy prey for you, take on some one bigger and better able to defend themselves.

Rabidlamb

Rabidlamb wrote: »

My advice is firstly apply for your new, 2nd provisional (I take it you have done this already).

Don't go straight to the guard station cause the guard has to initiate the court action when you fail to show in 10 days. Remember the guard is human like the rest of us and only fills out the paperwork when time is available.

If you're lucky enough to get a new provisional within the month call into the same station when the guard in question is off duty at that time. The desk guard will ask to see your provisional & tax, it will be the last you ever hear of it. Believe me as someone who has been in a very similar circumstance.
.

Firstly, it's a first provisional license which she has to apply for - she is already on the way to doing this with the Theory test booked.

Secondly, the point about the garda not having time to fill out the paperwork, what actually happens is that the garda puts the info straight up onto the system and it's the "system" that then knows when the 10 days is up, so it may be that the garda takes a day or two to put it onto the computer but once he does you have 10 days, end of.

I just think you are giving the girl unfair advice as it may get her into even more trouble which is the last thing she needs

Holsten

Learners Permit.

Provisional licenses do not exist anymore.

Cuddlesworth

paddysdream wrote: »

bit close to the bone there eh esel?
no other user name
have a life, well one that does not allow access to a computer 24/7
my impression stands
like reading the posts re. cars for sale, vrt, mech. problems, nct etc but find all those regarding rules of the road, f*g lights, 2 lane carraigeways , undertaking ,farm machinery on the road etc , a load of nonsense really (personal opinion ,other people may find them fasanating)
will admit to being a little more than 25 and having a little more than a car licence
off topic i know but having driven on the continent (hgv) for 5 years on and off am surprised at the level of derision shown to irish roads, drivers etc on here
have over 20 yrs expierence driving everything from motor bikes to rigids artics to farm machinery and find ireland no different to anywhere else
try being stopped in france or by the ministry in the uk with an irish truck
and see how "nice friendly and professional " they deal with you

old boy wrote: »

niamh this thread is full of fire side lawyers, wait until there is some positive outcome, good or bad, if bad get a lawyer, ask about for a recomended one, and forget about this thread.
b.t.w. compared to some of our elected leaders, and captains of indstuary, state employees etc you are a saint,
folks turn on the people that are bleeding this country, also theose that cannot lead us,
niamh is easy prey for you, take on some one bigger and better able to defend themselves.

Can I get a ip check?

towel401

Holsten wrote: »

Learners Permit.

Provisional licenses do not exist anymore.

thanks for reminding me of the government's ongoing quest to make it harder for people to drive a car.

towel401

towel401 wrote: »

thanks for reminding me of the government's ongoing quest to make it harder for people to drive a car.

oh, yeh, real hard, imagine having to having to actually learn how to drive before you are allowed to do it on your own, scandalous.

Rosita

Niamh:>) wrote: »

Good Morning all,

Just to come back to everyone that commented yesterday.
Whilst some was tough to take, i know i deserved all of it.. if not more.

I have applied for my driving theory test this morning, hoping for a cancellation for this sat too. My partner will be driving me.
Have booked in also for my eye test and will be sending forms off for license.
NCT is also booked
I cant understand why its took getting caught to do the normal everyday thing.. but i have to face those questions myself.

Once all this is done, i will be heading to station. Just need some effort of work behind me before i do this.

The tough comments where hard to take but also 100% correct about me & my situation. The kinder comments also gave me a false sense of hope and also made me feel less of a loser , albeit for a few minutes.

Thanks to all concerned x

If you can get a cancellation for the driver theory test you are really lucky. If you get that (and pass hopefully - it'll be a fair bit of work in a few days but there is a DVD available to help) it'll be terrific.

But don't send off any forms. Take the eye test, driver theory test cert and other forms into the tax office and insist nicely that they give you a licence there and then. They will try to fob you off with this painful "10 working days stuff" but they can operate there and then if they want to do so. Not saying that they will be easily persuaded but it can be done.

If you have a valid licence going into the Garda station along with insurance and evidence that you have applied for an NCT you might be grand. I think if the Garda are happy for you to show your items in the station things are not too bad. Having your licence will save you a lot of hassle, as failure to produce documentation at the Garda station is also an offence. Technically not having the licence in your possession when pulled is an offence, but the Gardai know there are many out there with irregular licence situations, and I think they won't get hung up on the fact that its new as long as you have it.

But do not under-estimate the driver theory test. You will have to familiarise yourself with signs you will hardly ever see again and in a very short time that takes some doing.

If the worst comes to the worst you can expect a fine in court. You won't be put off the road. But if you have a licence, insurance and evidence of NCT intentions, hopefully that can be avoided.

I wonder did the garda even ask you if you were a learner? because if he didn't, and you can pull off all of the above within the 10 days, you might just get away with everything, because if there is no record of you being "unaccompanied" then the permit & nct letter will suffice.

doingmybit

towel401 wrote: »

thanks for reminding me of the government's ongoing quest to make it harder for people to drive a car.

We are the only joke of a country in the whole world that allow people after paying a small sum of money to sit into a car and drive it. Remember cars these days can reach huge speeds and will kill people if in the hands of inexperienced people. So making it harder for people. no i don't think so, just saving lifes on the road only. I think thats alot more important than your point

doingmybit

Deleted User wrote: »

I wonder did the garda even ask you if you were a learner? because if he didn't, and you can pull off all of the above within the 10 days, you might just get away with everything, because if there is no record of you being "unaccompanied" then the permit & nct letter will suffice.

He would have more than likely have said it to you regarding the permit, and as far as the NCT he would have impounded the car there and then if he wished (if he was bad enough), so on the upside, produce your documents and you will get off the hook with it, but learn from this, NCT tests are for your benifit not the guards, it does tell you how safe your car is and well we wont go there about how important it is to have a full license:eek:
As well, the guard sometimes doesn't do his/her checks until the end of each month so depends on when in the month you were stopped might have extra time to compile your stuff

towel401

doingmybit wrote: »

We are the only joke of a country in the whole world that allow people after paying a small sum of money to sit into a car and drive it. Remember cars these days can reach huge speeds and will kill people if in the hands of inexperienced people. So making it harder for people. no i don't think so, just saving lifes on the road only. I think thats alot more important than your point

i think its a great system. imagine if the only way to get on the road was by paying registered instructors for lessons. these guys would be making a lot more money and as we all know they are already cozy cartels.

also the insurance for someone who has 0 no claim is hardly a small sum.

unkel

towel401 wrote: »

imagine if the only way to get on the road was by paying registered instructors for lessons.

Imagine :eek:

Where I learned to drive there were only two ways a person was allowed to drive a car:

1. With a full license
2. With a fully qualified and licensed instructor in a dual control vehicle

This is pretty much standard in most of the civilised world. Ireland is one of the few exceptions...

gowayouttadat

Hey Niamh, I had a thread during the week about my licence being expired for 3 weeks when I got stopped at a check point last week.

Just wanted to tell you that you're way better off being up front. The guard told me that they have to input the dates of your licence into the system so the expiry would definitely be checked.

risking being able to drive to your job.. that's not a skelaton in the closet. that's B.A. Baracus over your shoulder everyday shouting "i pity the fool".

and 7 years? the last time you bought petrol as a qualified driver was with the Punt.

the groutch

towel401 wrote: »

i think its a great system. imagine if the only way to get on the road was by paying registered instructors for lessons. these guys would be making a lot more money and as we all know they are already cozy cartels.

also the insurance for someone who has 0 no claim is hardly a small sum.

would bring in good price competition imo

doingmybit

towel401 wrote: »

i think its a great system. imagine if the only way to get on the road was by paying registered instructors for lessons. these guys would be making a lot more money and as we all know they are already cozy cartels.

also the insurance for someone who has 0 no claim is hardly a small sum.

What price would you put on your life or the persons you love lifes?
Not much to pay for life. Also, a death on the road costs approx 300,000 euro. Work it out:cool:

jhegarty

doingmybit wrote: »

and as far as the NCT he would have impounded the car there and then if he wished

link ?

doingmybit

jhegarty wrote: »

link ?

Car is not proven to be road worthy? NCT Test.