Judge admits to driving for three months without NCT

scart

A DISTRICT Court judge has admitted to driving for three months without having an NCT certificate.
But Judge Patrick Clyne said during a sitting of Edenderry District Court that he did not have the certificate for his car for those three months because he couldn't get an appointment.
His comments were made as he struck out two charges against an Offaly man accused of not having an NCT and for driving without proving his vehicle was safe.
The judge said he understood "the vagaries of the system" and had himself driven for months with no NCT because he couldn't get an appointment.
He had attempted on three occasions to arrange a test date but "nobody comes back to you", he said.
Empathising with John Cullen, of Greenwood Park, Edenderry, who had no cert when he was stopped on November 20 last, the judge struck out the charges.

http://www.independent.ie/national-news/courts/judge-admits-to-driving-for-three-months-without-nct-2194145.html

Fair play to him

SV

scart wrote: »

the judge struck out the charges.

:rolleyes:

one rule for some..

evolutionqy7

of the roads he goes

Berty

SV wrote: »

:rolleyes:

one rule for some..

Exactly. If the judge wasn't in that situation would he have struck it out?

Matt Simis

I think you guys are underestimating the effect this precedence has set.

Anan1

Berty wrote: »

Exactly. If the judge wasn't in that situation would he have struck it out?

I don't believe the judge was in that situation. I believe he could have got a cancellation within days if he'd made the effort.

Hooch

Matt Simis wrote: »

I think you guys are underestimating the effect this precedence has set.

Its a district court ruling....there is no precedence set......

Matt Simis

nice guy always wrote: »

Its a district court ruling....there is no precedence set......

Please elaborate!

Berty

Matt Simis wrote: »

Please elaborate!

I assume they make up their own rulings with little input from the DOJ.

Guy:Incognito

Since he could have booked up to 3 months before his due date (assuming it wasnt his first nct, because that makes it worse) , is he trying to say he couldnt get a test inside 6 months?

Dermo123

Maybe I should start a new thread here but I just received a summons to appear in court on June 17 for no NCT. The guard told me at the side of the road to just make a booking and they will check on the system that I have done so. 2 days after I was stopped the guard applied for the summons to be issued. I asked the guard do I need to produce anything, I was told there was no need. I applied for the test and got a date the next day after being stopped. My question is am I liable for 5 points and 1500Euro fine?
I will not go into the reasons as to why I had no NCT as it is a looooong story but I have always complied with the NCT in the past and am quite anal about keeping my car in good order.

Barr

Everybody could use that excuse , depends on the Judge.

Dermo123

Barr wrote: »

Everybody could use that excuse , depends on the Judge.

I bet it won't be Judge Patrick Clyne!!!!

bladebrew

the judge is fecking right!!

as i said on here i got a date at the start of august a month after my nct expires, a guy in work rings up a week later and gets a test within two weeks even though his nct dosent expire until after mine,
i used my booking reference online next date available 26th of august,:eek:

so there are mystery slots available:)

Dermo123

Dermo123 wrote: »

Maybe I should start a new thread here but I just received a summons to appear in court on June 17 for no NCT. The guard told me at the side of the road to just make a booking and they will check on the system that I have done so. 2 days after I was stopped the guard applied for the summons to be issued. I asked the guard do I need to produce anything, I was told there was no need. I applied for the test and got a date the next day after being stopped. My question is am I liable for 5 points and 1500Euro fine?
I will not go into the reasons as to why I had no NCT as it is a looooong story but I have always complied with the NCT in the past and am quite anal about keeping my car in good order.

Id be willing to bet a large sum of money that if you turn up in court with an nct in hand the case will be struck out.

Berty

You can get slots if you want slots. My father traded in his car recently which had no NCT. 2 days after he traded it in I spotted it leaving the NCT centre with a disc in the window.

Our man in Havana

Matt Simis wrote: »

Please elaborate!

Precedent is only set by High Court cases or above.

District and Circuit court judgements do not set precedents.

corktina

I couldnt get a date before the end of June online but kept an eye out and a whole week of vacancies popped up ..I got June 3rd.

(A Judge with a car needing an NCT? we mustnt be paying them enough!)

bladebrew

i will keep checking online but its like a lottery,

next date available 5th september:rolleyes:
hurrah i can put it forward by a month!!

Anan1

bladebrew wrote: »

i will keep checking online but its like a lottery,

next date available 5th september:rolleyes:
hurrah i can put it forward by a month!!

You just need a bit of patience - keep checking and you'll get a booking for the following day.

hoodie6029

Haddockman wrote: »

Precedent is only set by High Court cases or above.

District and Circuit court judgements do not set precedents.

Any court can make a judgement on a new issue. It becomes a precedent when it followed by the other courts. A higher court can overturn the decision of a lower court. At District Court level its up to the other Judges to decide whether to follow it or not.
Remember the whole speeding gun fiasco a few years ago? Some Judges struck the charges straight out but other Judges allowed the charges to stand under certain circumstances. When the legislation was amended it brought clarity to the issue.

Well done to the Judge for a common sense decision.

murraymarmalade

well done is right.:)

the whole NCT thing needs looking at.....my little story is,i bought a car in the north recently,it got 12 months MOT in march and now the car is just over the border it needs an NCT cert...ffs.
im all for safety on the roads but this non co-operation from the MOT and NCT is just a money racket.
just to end,i was talking with a very active member of the irish drivers association not too long ago and he told me of a challenge their trying to mount to get rid of the NCT.more power to them.

corktina

murraymarmalade wrote: »

well done is right.:)

the whole NCT thing needs looking at.....my little story is,i bought a car in the north recently,it got 12 months MOT in march and now the car is just over the border it needs an NCT cert...ffs.
im all for safety on the roads but this non co-operation from the MOT and NCT is just a money racket.
just to end,i was talking with a very active member of the irish drivers association not too long ago and he told me of a challenge their trying to mount to get rid of the NCT.more power to them.

get rid of the NCT? it has its faults but its better tahn having no safety check at all

Voodoomelon

murraymarmalade wrote: »

,it got 12 months MOT in march and now the car is just over the border it needs an NCT cert...ffs.

The MOT is not the same as the NCT, there was a thread about this recently and the NCT is a more comprehensive test. You can also see why in this case it is necessary, any ball of scrap would otherwise be imported and driven with no problem.

And if the car has has recently passed the MOT, then it would have a good chance of passing the NCT. Consider it adding value to your own car if/when you go to sell it. The NCT should also highlight whether you've just bought a scrapheap or not, the cheapest professional inspection you can get. Money well spent IMO.

Mr Velo

Was listening to an item on the Matt Cooper show yesterday evening about this - he was saying that he had received numerous texts which said that if you are more than 3/4 weeks waiting to have your car NCT'd - you don't have to pay for it.

Can anyone confirm that this is in fact the case?

murraymarmalade

Voodoomelon wrote: »

The MOT is not the same as the NCT, there was a thread about this recently and the NCT is a more comprehensive test. You can also see why in this case it is necessary, any ball of scrap would otherwise be imported and driven with no problem.

And if the car has has recently passed the MOT, then it would have a good chance of passing the NCT. Consider it adding value to your own car if/when you go to sell it. The NCT should also highlight whether you've just bought a scrapheap or not, the cheapest professional inspection you can get. Money well spent IMO.

im well aware the MOT and NCT are two different bodies.:)

L1011

murraymarmalade wrote: »

im well aware the MOT and NCT are two different bodies.:)

And the MOT is less strict, and British MOTs are utterly unreliable (anyone with a mate that runs a garage can get one issued for any rust bucket). THATS why there's non-cooperation, no financial reasons.

Also, your acquaintance in the Irish Drivers Association is on a path to nothing, as its a requirement that EU members have vehicle safety checks. The NCT is going nowhere - he may as well stop wasting his time.

KamiKazi

Finally a judge with a bit of common sense.

I'm just glad there's no test for bikes.

murraymarmalade

MYOB wrote: »

And the MOT is less strict, and British MOTs are utterly unreliable (anyone with a mate that runs a garage can get one issued for any rust bucket). THATS why there's non-cooperation, no financial reasons.

Also, your acquaintance in the Irish Drivers Association is on a path to nothing, as its a requirement that EU members have vehicle safety checks. The NCT is going nowhere - he may as well stop wasting his time.

nothing against safety dude,i'll say it again.........im all for safety but the nct test needs looking at imo.
couldnt agree with you about the NCT going nowhere,if enough people joined the IDA,currently 20,000,then power would be with the motorist and not in the hands of a private company whos's interests are best served by failing cars for the most trival of things and not whether a car is road safe.the nct in clare was exposed as a sham 4/5 years ago in clare by one former worker,his story was well publicised and should be available to read somewhere on the net.

the MOT centre in enniskillen is far from any rust bucket garage :rolleyes:
have you seen it? ever have a car tested there? me?yip,sure have.
anyone who has ever been there will tell you its a very thorough test. in saying this i lived in london and had mot tests done there by approved garages and THEY wernt half as thorough.

i wonder about people in this country sometimes,like why motorists havent joined the IDA? its a group of people who want fair play when it comes to driving a car,but thats for another thread i guess.

Robbo

murraymarmalade wrote: »

i wonder about people in this country sometimes,like why motorists havent joined the IDA? its a group of people who want fair play when it comes to driving a car,but thats for another thread i guess.

Personally, I wouldn't go anywhere near them because they have a view of VRT that is so ignorant as to the workings of European and Constitutional law that it may as well be the ramblings of a raving derelict wearing a tinfoil hat.