Michelle Mulherin (Mayo, Fine Gael) | Oireachtas source

I acknowledge and welcome the efficient and professional approach of the Minister in dealing with this amending legislation to resolve the issue with penalty points. As the Minister of State, Deputy Ring, said, we might not like penalty points, but they are there for a reason. We must keep that foremost in our minds.

I wish to bring two important issues to the Minister's attention and perhaps he might act on them. They relate to the NCT. The first is the renewal of the NCT certificate for vehicles which are off the road. The NCT is in place to ensure that vehicles are roadworthy and are not likely to cause an accident for other road users or, indeed, for the driver of the vehicle. The current position with NCT certificates for vehicles that are off the road is that if one's NCT certificate expires and one takes the vehicle off the road for six months, after the six-month period one must put the vehicle through the NCT again. However, the certificate one is given will be backdated to the commencement of the six-month period off the road, which is the date on which the previous NCT certificate expired. It has retrospective effect. That makes no sense. It causes additional expense and bother for the vehicle owner or for a garage where the vehicle is on the forecourt but not on the public road.

The new NCT certificate should run for the 12 months from the date of the test, not from the anniversary of the date of the initial registration of the vehicle. There should be no need to backdate it when it is off the road. It will not be a hazard on the road because it is off the road. The NCT is a road safety measure, not a revenue-earning bonanza for National Car Testing Service Ltd. or a means of unduly inconveniencing citizens with red tape. In the case of motor tax, an individual can declare in advance that a vehicle will be off the road so that he or she can avoid liability for payment of motor tax during that period. A similar regime should be introduced for the NCT certificates. This type of regime already exists in other European jurisdictions, and I ask the Minister to move to a more sensible approach whereby the certificates would only operate from the date of the test, especially where a person takes the opportunity to declare the vehicle to be off the road.

The other matter that concerns me is the introduction of penalty points for driving a vehicle without a valid NCT certificate. I can vouch for the situation in my local car test centre in Ballina. If my NCT is due in January or February next and I seek an appointment today, the earliest date I will get is at the beginning of March. I accept that there is a priority list, where an individual might benefit from an earlier date if there is a cancellation. That was the information I was given today from National Car Testing Service Ltd. However, if the test does not happen, is it not manifestly unfair that an individual should receive penalty points where the NCT certificate has expired in these circumstances? It is outside his or her control owing to the fact that there is a waiting list. The person has applied for the test but cannot get a date. What will the Minister do to ease the situation?

The regime I described earlier concerning vehicles that are off the road is adding to the problem. There are more demands for test appointments on account of vehicles that are off the road receiving certificates with retrospective effect. It means that a vehicle such as the one I described will only have a six-month certificate when it is put back on the road and will be back for another NCT in six months. That is another reason to change that regime.

I seek reassurance from the Minister for motorists who are caught in those circumstances. Even though they have applied for the NCT, they cannot get a date within a reasonable period of time. What discretion does a garda have not to issue penalty points in a situation in which a motorist has applied for the test? Perhaps the Minister will provide clarification on that. This is not something theoretical. It is a real problem in my area, and many people use the test centre in Ballina. It is also a problem throughout the country. I accept that there is a priority list, but I am concerned with the eventuality that somebody cannot be catered for owing to the massive demand that currently exists. Perhaps the Minister would speak on that and also consider changing the rules relating to the certificate for vehicles that have been off the road.

See this speech in context