Denis Naughten (Roscommon-South Leitrim, Independent)
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628. To ask the Minister for Transport, Tourism and Sport the average waiting time for the national car test; the legal position of drivers who are not in possession of a relevant certificate but who have secured a test date; and if he will make a statement on the matter. [14944/14]

Leo Varadkar (Dublin West, Fine Gael)
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Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority (RSA) has responsibility for the delivery of the National Car Test. Therefore I have forwarded the Deputy's question in relating to NCT average waiting to the RSA for direct reply. I would ask the Deputy to contact my office if a response has not been received within ten days.

With regard to the legal position in relation to drivers who are not in possession of a relevant NCT certificate, section 18 of the Road Traffic Act 1961 as amended, clearly places the onus on the driver and vehicle owner to ensure that a vehicle being driven in a public place has an NCT certificate.

Under section 18(2) of the 1961 Act, both the driver and owner of a vehicle which is being driven in a public place without a valid NCT certificate shall each be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding €2,000 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

Under section 41 of the Road Traffic Act 1994 (as amended by Section 19 Road Traffic Act 2006) a member of An Garda Síochána may seize a vehicle being used in a public place without proof of passing a road worthiness test.