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Driving to NCT with no tax

  • 26-07-2024 11:18pm
    #1
    newmember2
    Registered Users, Registered Users 2 Posts: 2,599 ✭✭✭


    Does a car have to be declared 'off the road' to be able to drive it untaxed to its NCT test, or can there be tax outstanding on it and it can still be driven?



Comments

  • #2
    drury..
    Registered Users, Registered Users 2 Posts: 1,922 ✭✭✭drury..


    Prssumably you can either tax it before test or take a chance

    Over 2 months out it can be seized

    Don't think declaring it off-road has any relevance here



  • #3
    User1998
    Registered Users, Registered Users 2 Posts: 7,705 ✭✭✭User1998


    https://www.boards.ie/discussion/comment/122431816#Comment_122431816

    It can be seized if its a day out of tax

    And it can be driven untaxed once its declared off road

    OP just drive it you’ll be fine. Theres no Garda on the roads anyway and they won’t care even if you are caught.



  • #4
    drury..
    Registered Users, Registered Users 2 Posts: 1,922 ✭✭✭drury..


    https://www.boards.ie/discussion/comment/122431850#Comment_122431850

    I do believe you've set a world record there

    You're probably wrong on all 3 points



  • #5
    User1998
    Registered Users, Registered Users 2 Posts: 7,705 ✭✭✭User1998


    https://www.boards.ie/discussion/comment/122431880#Comment_122431880

    Unfortunately for you I am correct on all 3.

    No idea where you got the idea from that a car can only be confiscated once the tax has been expired for a certain length of time. Its either valid or expired, nothing inbetween.

    Its fairly common knowledge that a vehicle can be driven to and from the NCT whilst being declared off the road, and can also be driven to mechanics etc for essential repairs. I’ve posted and discussed the legislation before if you care to go back and look.

    The third point is obviously up to the Garda in question, but lets be honest what are the odds of being stopped and prosecuted over expired tax on the way to your NCT. How often are there any Garda on the roads or checkpoints



  • #6
    Esel
    Registered Users, Registered Users 2 Posts: 23,093 ✭✭✭✭Esel
    Not Your Ornery Onager


    It definitely is/was that the car couldn't be seized until the tax was expired by at least 2 months.

    It may have changed recently, but I haven't heard about it.

    Not your ornery onager



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  • #7
    mk7r
    Registered Users, Registered Users 2 Posts: 839 ✭✭✭mk7r


    https://www.boards.ie/discussion/comment/122431888#Comment_122431888

    The power to seize only comes into affect when the tax is out 2 months or more, it's a fcpn before that.

    https://www.oireachtas.ie/en/debates/question/2024-02-28/89/#:~:text=I%20am%20advised%20that%20a,for%202%20months%20or%20over.



  • #8
    mikeecho
    Registered Users, Registered Users 2 Posts: 5,267 ✭✭✭mikeecho


    https://www.boards.ie/discussion/comment/122431850#Comment_122431850

    Can be seized — only after 3 months , See S41 of the Road Traffic Act

    Cannot be driven if its declared off the road



  • #9
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,633 ✭✭✭✭Marcusm


    https://www.boards.ie/discussion/comment/122431850#Comment_122431850

    just re this; they can force you to stop driving it if it’s a day out of tax but I believe it has to have 2-3 months of no tax to allow it to be seized/impounded. It’s s41 RTA 1994 - specifies three months in the original but I thought I had been reduced to 2 months.



  • #10
    User1998
    Registered Users, Registered Users 2 Posts: 7,705 ✭✭✭User1998


    https://www.boards.ie/discussion/comment/122432343#Comment_122432343

    There is an exception for driving to and from the NCT centre and for essential repairs. Legislation has been posted and discussed multiple times already

    https://www.boards.ie/discussion/comment/122432353#Comment_122432353

    Thanks for clarifying



  • #11
    Witcher
    Registered Users, Registered Users 2 Posts: 15,824 ✭✭✭✭Witcher


    It's 2 months. Always hit 'Revised Act' at the top of the Act on Irish Statute Book.



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  • #12
    drury..
    Registered Users, Registered Users 2 Posts: 1,922 ✭✭✭drury..


    So a car be declared off the road and if stopped you can say you're on the way to mechanic for essential nct repairs and drive on

    Id like to hear that from a better source seeing as how user1998 is wrong about everything else he posted



  • #13
    User1998
    Registered Users, Registered Users 2 Posts: 7,705 ✭✭✭User1998


    https://www.boards.ie/discussion/comment/122432465#Comment_122432465
    What if I'm due to have an NCT while my car is off the road?

    A vehicle may be used during the period of a non-use declaration in two cases:

    • to bring it to and from a test centre for the test; or
    • to bring it for repair after a re-test, or back to where you are keeping it while it is off the road after the repairs. This option may only be used where an appointment has already been made for a re-test.The same rules apply to roadworthiness testing for commercial vehicles.If you are bringing the vehicle to a test centre or to or from repairs after a test failure, it would be advisable to carry a copy of the appointment for the test or re-test with you.

    Found that from a Government source within 10 seconds. And I can assure you I’m not spending my Saturday morning searching the entire legislation for you. Its been posted and discussed multiple times already.



  • #14
    Sid 1984
    Registered Users, Registered Users 2 Posts: 50 ✭✭Sid 1984


    Q15. What if I'm due to have an NCT while my car is off the road?

    A15. A vehicle may be used during the period of a non-use declaration in two cases:

    • to bring it to and from a test centre for the test; or
    • to bring it for repair after a re-test, or back to where you are keeping it while it is off the road after the repairs. This option may only be used where an appointment has already been made for a re-test.

    The same rules apply to roadworthiness testing for commercial vehicles.
    If you are bringing the vehicle to a test centre or to or from repairs after a test failure, it would be advisable to carry a copy of the appointment for the test or re-test with you.

    Source: https://www.motarviews.ie/ORD/faq

    Regarding seizure for no tax:

    Detention of vehicles.

    41.—

    (c) a member of the Garda Síochána is of opinion that any excise duty payable under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952, in respect of the vehicle, being a vehicle which is or which the member reasonably believes to be registered in the State, has not been paid in respect of a continuous period of F54[2 months] or more immediately prior to such F54[use,]

    Source: https://revisedacts.lawreform.ie/eli/1994/act/7/section/41/revised/en/html



  • #15
    drury..
    Registered Users, Registered Users 2 Posts: 1,922 ✭✭✭drury..


    They can do you for tax on the way to a test?



  • #16
    User1998
    Registered Users, Registered Users 2 Posts: 7,705 ✭✭✭User1998


    https://www.boards.ie/discussion/comment/122432536#Comment_122432536

    Yes but if the car is officially declared off the road they cant.



  • #17
    newmember2
    Registered Users, Registered Users 2 Posts: 2,599 ✭✭✭newmember2


    So long story short then, can new owner of vehicle immediately declare it off the road before paying any tax on the vehicle?



  • #18
    User1998
    Registered Users, Registered Users 2 Posts: 7,705 ✭✭✭User1998


    https://www.boards.ie/discussion/comment/122432982#Comment_122432982

    Yes, but you didn’t ask that in your OP



  • #19
    newmember2
    Registered Users, Registered Users 2 Posts: 2,599 ✭✭✭newmember2


    https://www.boards.ie/discussion/comment/122432995#Comment_122432995

    Indeed, I got the answer to my OP hence the latest scenario, although I've since seen new owner has 21 days after purchase to make a declaration of non-use. Thanks all.



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