Road Traffic Laws
If a person has received a summons with an offence stated to having being committed contrary to S.18 of the Road Traffic Act(as amended) then this is an information post in relation to this offence type for you.
Evidently it is necessary to have a vehicle testing certificate from a testing centre that is affixed to the windscreen in place.
If a servant or agent of the vehicle owner is driving, the owner may be liable on summary conviction for the offence.
The penalty for this S.18 of the Road Traffic Act 1961(as amended) offence can be a fine or imprisonment for three months or both.
Penalty points can also arise in the form of 3 points on payment of fixed-charge payment of either €80 or €120 or 5 points on conviction.
Disqualification from Driving
A court can make an Ancillary Disqualification Order for this offence which prevents the person from holding a licence. If an appeal is brought against the Ancillary Disqualification Order, the original order can be annulled or varied.
If a person is convicted in a 3-year period twice for this offence, a mandatory driving disqualification order may arise for a one-year period or over.
Production of Test Certificate on Demand, Section 19 Road Traffic Act 1961(as amended)
A member of Garda Siochana can within 1 month from the time the person was using the car in public, demand the production of an NCT certificate. If the person cannot produce the certificate immediately upon request, the Garda Siochana member can demand the production of the certificate within 10 days from the date of the demand, to a Garda Station nominated by the driver, which is an offence to fail to comply.
If a person is found guilty of this offence being a first offence, they can attract a penalty of a fine.
This fine then increases to up on conviction of a second offence of this nature.
If a person is liable for this offence a third time, the person can attract a fine or imprisonment for three months or both said penalties.
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
8(b) “In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement”.