Traffic offences

jd80

Assume that the NCT on a car has expired

Can a Garda summon the owner to court simply by observing the car parked in a public place without the owner or a driver in it?

Or does he have to actually stop the car whilst being driven?

smcgiff

jd80 wrote: »

Assume that the NCT on a car has expired

Can a Garda summon the owner to court simply by observing the car parked in a public place without the owner in it?

Or does he have to actually stop the car whilst being driven?

I imagine you can be summoned to court. It'd be up to you to prove it materialsed in the public area without you driving it there.

GerardKeating

They would not even need to see there car on the road. They computer knows the NCT is up. In theory they could just summons you on that alone.

The Dagda

The garda possibly can but you can make him look like a fool by going to court and telling the judge that the car is "off the road".

If you're telling only part of the story all bets are off...

jd80

If you're telling only part of the story all bets are off...

No stories.

I wish to know under what statute a Garda can summon an owner of a vehicle for not having NCT or DOE cert or tax simply by observing the vehicle in a public place?

smcgiff

jd80 wrote: »

No stories.

I wish to know under what statute a Garda can summon an owner of a vehicle for not having NCT or DOE cert or tax simply by observing the vehicle in a public place?

Isn't it supposed to be displayed?

jd80

smcgiff wrote: »

Isn't it supposed to be displayed?

assume that it is either not displayed or is displayed and out of date.

I am trying to ascertain if a Garda can summon the owner simply by observing that it is either not displayed or is displayed and out of date WITHOUT interacting with the owner/driver at the time of observation e.g. by seeing said vehicle parked in a public place with no one in it

SB2013

He can summons you to court. Wether he will be successful in his prosecution is another matter.

jd80

SB2013 wrote: »

He can summons you to court. Wether he will be successful in his prosecution is another matter.

What statute allows him to summon in this case?

jd80

Maybe this but this applies to production of the cert itself and a particular person must be observed (so if just parked it does not count?)

sec 19 RTA 1961

Where a member of the Garda Síochána has reasonable grounds for believing that a mechanically propelled vehicle to which section 18 of this Act applies has been used in a public place on a particular occasion (including a case in which the member has himself observed the use) and that the actual user of the vehicle on that occasion was a particular person, the member may, at any time not later than one month after the occasion, demand of the person the production of a test certificate in respect of the vehicle in force on the occasion and, if the person refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the person at the time at which the production was demanded, be guilty of an offence.

SB2013

His observation is not required. It says if he has reasonable grounds to believe it was used and that a certain person was using it.

jd80

SB2013 wrote: »

His observation is not required.

But can include his observation

Point being it would seem that a demand has to be made to show the actual cert.

I read it that he cannot observe the vehicle's NCT disc e.g. if vehicle is parked and then simply summon if the disc is out of date or not displayed

He must demand the cert (albeit up to a month later) - if it is not produced, then he can summon for THAT

It could be the case that a cert is available and valid but the disc displayed is not valid or not displayed

Also looking at the statute it would have had to been a 'particular person', who was observed - whatever that should mean - and THAT person is to be asked to produce the cert??

Is there an actual offence for not having a current disc displayed or is the offence as stated for non production of the cert?

SB2013

Failing to produce a cert following a demand is a seperate offence. Using a vehicle without an NCT is the primary one.

The person who is summons has to be the person the Garda believes was using the vehicle.

ResearchWill

jd80 wrote: »

Maybe this but this applies to production of the cert itself and a particular person must be observed (so if just parked it does not count?)

sec 19 RTA 1961

Where a member of the Garda Síochána has reasonable grounds for believing that a mechanically propelled vehicle to which section 18 of this Act applies has been used in a public place on a particular occasion (including a case in which the member has himself observed the use) and that the actual user of the vehicle on that occasion was a particular person, the member may, at any time not later than one month after the occasion, demand of the person the production of a test certificate in respect of the vehicle in force on the occasion and, if the person refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the person at the time at which the production was demanded, be guilty of an offence.

Just to clarify use includes parking in a public place.

From the 1961 Act

“use”, in relation to a vehicle, includes park, and cognate words shall be construed accordingly;

Bosh

Non Intercept Fixed penalty notice can/would issue for non display of relevant disk - i.e. Tax/Insurance/NCT.

FCPS would issed to registered owner, then if unpaid within 56 days relevant summons issues.

Assuming vehicle is parked in a public place.

HTH