Addressed to Minister for transport. Minister for the environment. Road safety Authority and the Commissioner for Taxi Regulation.

Dear Sir or Madam,

Due to the most recent road fatalities and the newly proposed drink driving law, The Irish Drivers Association would like to propose to the relevant departments the introduction of a 50/50 subsidised taxi scheme. What we propose is the introduction of a subsidised Taxi fare by the Government and the customer to operate on a 50/50 basis. This can be introduced by issuing Taxi drivers and publicans with a subsidised Taxi receipt book. This subsidised fare would only qualify for someone under the influence of alcohol. The introduction of this scheme would save lives and would be the answer to the existing problem with rural pubs create jobs in public houses and in the Taxi sector and when up and running would fund itself by returning more revenue for government. This is a win win situation and should be viewed seriously. This after all would be a small price to pay if together we can save one more tragedy.

The Irish Drivers Association would like to extend our deepest sympathy to the families and friends of the latest road tragedy in Inishowen.

John Lernihan. Founder and national chairman Co. Clare. 087 2509123

John E. Doherty Donegal branch chairman 086 8789925

___________________________________________________________
Replies received

Dear Mr Doherty,

I have been asked by Mr. John Gormley, T.D., Minister for the Environment, Heritage and Local Government to acknowledge receipt of your recent email in connection with an introduction of a 50/50 subsidised scheme.

Your suggestion has been noted.

Yours sincerely,

________________
Eddie Kiernan
Private Secretary

___________________________________________________________

From: “Webmaster@taoiseach.gov.ie”
To: John E. Doherty Snr.
Sent: Wed, 14 July, 2010 17:20:29
Subject: Re: Fw: 50/50 subsidised scheme

Go raibh maith agat as teagmháil a dhéanamh le Roinn an Taoisigh.
Fuaireamar do theachtaireacht agus béimid ag déanamh athbhreithniú uirthi.

Thank you for contacting the Department of the Taoiseach.
Your message has been received and will be reviewed.

Regards,

Webmaster.

5.7.2010

A recent two hour meeting of the Irish Drivers Association has taken place in Stormont with Bairbre De Brun SF MEP and Martina Anderson SF MLA.

Topics for discussion were the interference in the single European market by the Irish government and the failure to recognise and deliver on certain Article’s in the treaty of Rome such as Articles.10.14, 25, &39. Other matters raised were the notional values added to vehicles imported from other member states by the Revenue Commissioners and superseding the book value of imported vehicles in order to raise more revenue.

One of the main topics for discussion was the hidden agenda by Revenue to apply two levels of VRT/Customs duty’s on the same vehicle. A vehicle imported into the Republic of Ireland is being book valued on a similar vehicle in the South which already has VRT/Customs duty included in its value.

The Irish Drivers Association are now engaged in compiling relevant figures and facts through our researcher and will forward same to SF who will raise these matters in the Dail and in Brussels. We have also raised the breach of Constitutional EU law rights and human rights by Gardai and Customs officers under the instruction of the Irish Government. These issues were brought as a result of the 1992 finance act which interferes with our constitution rights, EU law rights and our human rights.

This meeting was attended by John Lernihan CO. Clare National Chairman. Ger Connelly Athlone, Researcher. John E. Doherty. Donegal chairman.

For further information contact John Lernihan at 087 2509123 or John E Doherty at 086 8789925

We the Irish Drivers Association now hold you responsible for the criminalisation of the people who elected you, by being prosecuted for VRT related charges by Customs, Gardai and the Courts. On the 8th of June 1972 we the Irish people amended the Irish constitution by way of the 1972 European communities ACT, known as the 3rd amendment. According to article 14 of the treaty of Rome, a derogation was granted to the Irish Government in regards to customs duty’s which was to expire on the 31st of December 1992. Policital trickery introduced the 1992 Finance Act which relabelled and retained a prohibited customs duty under article 25 of the treaty of Rome. The very introduction of the 1992 Finance act is a breach of the Irish constitution (Article’s 15, 34, 38 and 43) and breaches the European treaty of Rome (Articles 14, 25 and 39). We are now demanding the immediate termination of this prohibited tax and will not settle for termination on a phased out basis. We are also demanding the immediate release of all vehicle’s seized under the Finance act. This letter will be posted on the Irish Drivers Association web site and we are instructing the general public not to VOTE for any Candidate in local, county, by-election, National or European elections that does not have a clear policy on VRT. We have been defrauded by the Irish government in that we have been a member of Europe for 38 years and during that time have been denied the rights granted under the Treaty.

John E Doherty snr. Donegal Branch Chairman. 0868789925

John Lernihan Organisation Founder and County Clare branch Chairman 0872509123

Further to our last meeting with the association and their CEO Mr Noel Brett and prior to the issue of another contract on NCT, the association brought to the attention of Mr Noel Brett a few legalities that need to be addressed.

1. The first was a request not to issue the contract to carry out tests to a single provider which is in clear contravention of anti-competition law and contrary to European Law Article 2 of directive 96/96.

2. We also brought to the attention of Mr Bett that by issuing a back dated test certificate we deemed it not to be valid nor would it be a legal certificate. We the association put it to Mr Brett that the certificate should be dated from the date of the test and not the date of first registration. On this issue Mr Brett agreed that this would be the case when the new contract was awarded.Since our meeting with Mr Brett he seems to have backtracked on what was agreed on the day. The NCT now appears to be more interested in raising revenue raising and tracking vehicles more so than road safety or respect for the general public competition laws or indeed european law.

One now has to ask themselves would your local drivers licence office or motor insurance company back date your licence or your insurance.

As the very relevant views of the association and the general motorist have not been taken on board the RSA now leaves us with no other option but to raise these matters at European level and with the local relevant bodies.

John Doherty. 086 8789925 John Lernihan 0872509123

From all his friends in the Irish Drivers Association

The Irish Driver’s Association have decided to legally challenge vehicle registration tax (VRT) under the Treaty of Rome in addition to section 140 of the 1992 Finance Act (which gives effect to VRT on new and imported vehicles into the state). It is our understanding that VRT is an import/customs duty in disguise under Articles 25 and 90 of the Treaty of Rome. The Irish Drivers Association believes that this is a prohibited tax under the Treaty and as citizens of this state, we prohibited this tax when we agreed to join the EU by passing the 1972 referendum.

We would like to point out that regardless of what name is attached to this tax, VRT is by its very nature a customs duty. It is charged within 24 hours of the vehicle arriving within the jurisdiction and is triggered by the fact that it has crossed a border and by possession of the vehicle alone. Borders between EU states do not exist in terms of the single European Market (Article 14.2). This tax impedes the free movement of goods and in doing so breaches a fundamental objective of the EU. In other words changing the name does not alter the nature of the tax. If the government considers this not to be a customs duty why is there a requirement to pay VRT within 24 hours even if the vehicle may not be used for months?

The Association are already challenging the unlawful seizure of citizens’ vehicles related to VRT as this infringes their Constitutional rights to own property already lawfully acquired under Article 15 and Article 43 of the Irish Constitution. In addition it breaches the principle of proportionality which also interferes with the peaceful enjoyment of their possessions. Principle of proportionality means that the states actions must be in proportion to the alleged offence. A car worth € 25,000 shouldn’t be seized for non payment of a (dubious) tax of say € 4,000.

The effect of VRT implemented by the 1992 Finance Act circumvented an EU prohibition on customs duty (Article 25). Customs duty on vehicles disappeared on the 31st December 1992 and the following day a new tax called VRT replaced it. This was brought about by the action of the people you voted for, our Oireachtas and effectively overrode EU law. This it cannot do because EU law is supreme in terms of community matters and in the promotion of free movement of goods, fundamental freedoms under the Treaty of Rome and the implementation of the Single European Market.

The prohibition of customs duties had effect from the 1st of January 1973. Derogations (Opt out clauses) were sought whereby the Irish Government conspired with the EU to defraud their citizens and for what reason – only to continue by improper means the charging of a prohibited customs duty. The Treaty Article 25 itself contains no provisions for derogations so it would appear derogations were conjured up to continue to defraud Irish citizens. What was the purpose of writing Article 25 if it can be undermined, circumvented and effectively made nugatory by a finance act which interferes with our EC Law rights and what was the purpose of joining the EU if we were to be denied the full benefits of membership?

For these reasons and others The Irish Drivers Association feels that it is necessary to challenge VRT and restore our fundamental rights under both EU law and Irish Constitutional Law. We would welcome donations from existing and new members to help us in this cause as it would benefit all motorists and citizens with a vested interest in seeking a positive outcome, we thank you for any support that can help us achieve our aim. Receipts will be given for all donations received.

Donations/Contributions can be made to:
IRISH DRIVERS ASSOCIATION VRT CHALLENGE FUND
Bank: ULSTER BANK, O’Connell Square, Ennis, Co. Clare
Bank sort code: 98-56-80 Account number: 10078581
For further information please contact any of the following Association officers or send donations to Irish Drivers Association, Aughalina House, 55 Gallows Hill, Ennis, Co. Clare
John Lernihan (Chairman) 087 2509123
David Russell (Secretary) 087 2312250
John Doherty (Chairman Donegal Branch) 086 8789925

The following is a copy of the letter:

Irish Drivers Association:    To all members of the Northern Ireland assembly.

Dear Sir or Madam.

The Irish Drivers Association was set up in the 26 counties in order to protect and advance the voice of the Irish motorist. Of late we have been approached by citizens from the 6 Counties who seem to be encountering some trouble with Irish customs and Gardai when entering the 26 counties.  This would be people that would have holiday homes or places of business south of the border. We have had several complaints from 6 county residents about being harassed and intimidated  about their place of permanent residence. Most people have been told that they are liable to pay VRT/ CUSTOMS duty on their vehicles. In most cases they end up having their vehicle seized on the road side. We have garage owners that have given out courtesy cars to people in the south while their vehicle is been repaired north of the border having their vehicles seized. This problem now seems to be getting out of hand and we think that it might be time for some intervention on your behalf. As you are aware we are all Europeans and were guaranteed the freedom of movement under article 39 of the treaty of Rome.

The Irish government is collecting a prohibited tax under article 25 of the treaty of Rome, Which prohibits customs duties and taxes to the equivalent effect. VRT is a re-labelled customs duty which was introduced under the 1992 finance act in the 26 counties when the EU put pressure on our government that they had to drop customs duties on vehicles as they were taxing a product of another member state. As you will understand if  someone from the six counties buys their vehicle south of the border there is no such thing as customs duty/vrt to take that vehicle north of the border. So again you will understand it is impossible for citizens south of the border to purchase a vehicle north of the border as your product is carrying a customs duty as high as 36 %. By having this levy lifted from your vehicles not alone will you be helping your constituents but you will be boosting the car trade in NI and so boosting your local economy. Perhaps a letter to the relevant ministers like Brian Lenihan Minister for finance and our foreign affairs minister and the minister for justice and bring it to their attentions the level of harassment your constituents are under going when entering the south and also the interference with the single European market.

Thanking you for your time and hoping we can be of some help to each other.

John Doherty Donegal branch chairman.086 8789925

John  Lernihan President and founder.  087 2509123

Dave Russell Secretary.  087 2312250

www.irishdrivers.org

Our main efforts are being currently concentrated on a concerted campaign to have VRT abolished. Our committee continue to meet with Government representatives in order to get our points across.

• The Irish Government has been asked by the European Commission to abolish VRT. So far, they have refused.
• We believe that the imposition of VRT on Irish citizens is illegal under Article 25 of the Treaty of Rome.
• Abolishing VRT would result in greater new car sales, replacing the lost revenue.
• Our national car fleet would be newer and safer if VRT were abolished.
• Irish car prices are at least 30% higher than most other EU states.
• VRT is applied to the after VAT price of a new car, effectively creating a double tax hit.
• Motorists contribute nearly four billion euro to the exchequer each year, yet we do not receive the services that this huge taxation should entitle us to.
• While we support the penalty points system, it contains many anomalies which need to be addressed.
• The imposition of penalty points is a serious matter with long term consequences. Points are imposed on drivers detected doing 31 mph in a 30 mph zone. The penalty would be exactly the same if they were doing 45 mph.
• A speeding offence results in a fine and penalty points. A further penalty may be imposed by insurance companies, effectively punishing a driver three times for the same offence.
• The government propose handing driver’s details directly to insurance companies. We believe this is illegal.
• The NCT test, while useful in keeping bangers off the road, also needs to be modified.
• The Irish Drivers Association wants to take a stand against the exploitation of the Irish motorist.

We are now a nationwide organisation to give Irish drivers a voice.

We have written to you on a number of occasions in connection with various motoring issues, NCT, VRT etc.

We have little or no response from the Minister of Transport even though thousands of our members disagree with his judgment and his predecessors.

Members of the Irish Drivers Association will be holding a protest against vehicle registration tax (VRT) on new and second-hand cars at the border of Lifford/Strabane in Co.Donegal on June 20th. 2006 at 1030 a.m. and also at Bridgeend at approximately 2.30 p.m.

The Irish Drivers Association submits that the imposition of VRT is a breach of Article 25 of the Treaty of Rome which abolished customs and excise duties and charges having the equivalent effect as between Member States. Recently the European Commissioner for Customs and Excise expressed concerns to this Government about the imposition of Vehicle registration tax on new and second-hand vehicles and expressed concerns about the excessive levels of taxation on motoring on Irish citizens in this area.

EU Law is superior law to any Member States Constitutional law or domestic law as all member states acceded to a new legal order on joining the European Community.

By referendum. the citizens of this country agreed to become part of the EU which occurred on the 1st. January 1973. Our fathers and forefathers decided this on behalf of the current generation of citizens and for future generations of citizens, our children and our children’s children!

The benefits of the EU Treaty were to be bestowed upon the Irish citizen and all other EU citizens.
Article 25 abolished customs and excise duties in relation to the free movement of Goods. By contrast, since the 1st. January 1973, the current Irish Government and their predecessors have failed in their duty to grant these benefits to the citizens by undermining our Treaty rights by refusing to deliver.

Concern has been expressed at EU level by the EU Commissioner of Customs and Excise and the proposal of a Directive instructing the Irish Government to abolish /phase out VRT over a period of time, 10 years, but the Irish citizen/motorist is asking, requesting and demanding that VRT be immediately abolished and VRT refunded to all citizens who purchased a new vehicle or imported second hand cars where VRT or the customs and excise duty was charged/levied since the 1st. January 1973.

It is incomprehensible and inconceivable that the Irish Government or any Government would circumvent citizens Treaty rights by a circuitous route and effectively implement and retain customs and excise duty on new vehicles etc. under a different name and a different criteria, namely VRT and the first registration of a new car. Denmark has done the same. Customs duties were traditionally charged at the border or the ‘point of entry’. The Irish Government, by imposing VRT, have simply ‘shifted’ the border to a point inside the country and used a different criteria to effectively retain customs duties under a different name and the Government have the audacity and arrogance to call this ‘internal taxation’ which falls within national competence. The effect of this is to ‘retain’ the customs duties whilst at the same time deprive Irish Citizens of their Treaty Rights.

These Treaty rights which resulted and flowed from the holding of a referendum should not be circumvented or undermined by national legislation which in our opinion clearly conflicts with our Treaty rights and such national legislation, which has the effect of depriving us of our Treaty rights and our new ‘heritage’ should itself have been subject to a referendum put to the people to decide whether the Government should be allowed to deprive us of our Treaty benefits by Government ‘retaining’ by another means what Article 25 has abolished. If Governments like Ireland and Denmark are going to be allowed to engage in theses ‘circus stunts’, what was the point in writing the Treaty of Rome or the Constitution if attempts, usually involving money, are going to be employed to deprive us of what we have fought for and participated in a referendum. Where is our democracy if the will of the people is effectively ‘thwarted’ by these means and methods? What is it, that is existing to deprive the citizen of these benefits?

Why would a Governments want to deprive its people and citizens of benefits which were meant to be bestowed upon them and to which they are entitled as a result of participating in a referendum, the decision of which the Government have a duty to uphold and where citizens have a legitimate expectation that they would do so. Thus, is a Government worth preserving if it ‘lies’ to the people or ‘deprives’ them of their Treaty rights by another means?

The Irish Government have stated that the existence of VRT has not impacted negatively on car sales in the state. This has nothing to do with Article 25 of the Treaty of Rome which refers to the abolition of a particular tax. The VRT has  impacted negatively on the disposable income of every citizen who has purchased a new or imported second hand car and creates the false impression that we, as citizens, are happy to pay this VRT and ‘happy’ to be deprived of our Treaty rights. The Government, when tackled by citizens and the EU in relation to the justification of the imposition of this ‘unlawful’ tax have nearly always pleaded ‘the poor mouth’ and ‘where are we going to get €1.5 Billion from? First of all, the Governments were no longer entitled to this money as a result of acceding to the EU in 1973 and secondly we are being told by this Government for the past 10 to 12 years that ‘The Celtic Tiger is Roaring’. It is roaring all right, from out of the citizen’s pockets and into the Department of Finance. Presumably, of course, what the Department of Finance are implying is that there is no adverse impact on trade or restriction of movement of goods as a result of VRT. Actually, there is. We will not buy a new car because of VRT and many people we know, and many of our members, feel the same way. In fact we want our VRT returned to us and to all citizens because it is unlawful under the Treaty and ‘the system’ is actually perpetrating fraud and deception on the Irish Citizen. How much tax do the Government want on a new car? How much is enough?

Consider the benefits which flow from abolishing VRT. New cars would be cheaper by approximately 30%. Higher volumes of sales would be generated and the Government would probably take in, in VAT, pretty much the same as it is getting now. Road safety would be enhanced because citizens are now able to drive more modern and safer cars, which is likely to substantially reduce the incidence of road deaths, lower insurance premiums etc.

Finally, what are the legitimate choices used by the Irish Government to justify this VRT. The objective criteria in our view are based on the first registration of a new car. What objective criteria is this and what other criteria were available to the Government to make comparison to? The reality is, new cars are approximately 30% more expensive in Ireland than in any other EU Member State. VRT seems a lot of money to pay for a rectangular piece of plastic with numbers and letters on it does it not? If we purchase a new car in Holland, Germany or France and ‘import’ it into Ireland to be levied with a massive tax of VAT and VRT, is not the effect of this to discourage a citizen from going to another Member State and obtain Goods? How is this not affecting the free movement of goods? Under the free movement of workers, this amounts to discrimination against the individual and acts as a barrier to the free movement of persons. Is it not also the case in relation to the free movement of goods if we are discouraged from going to another Member State, the imposition of VRT effectively discourages me from doing so, or at the very least, has the potential of discouraging us? Why must the Irish pay more for their vehicles? Why are these opportunities not being explored?

Why are the benefits of cheaper vehicles, increased road safety and cheaper or potentially cheaper insurance premiums not being given to the Irish Citizen? All it seems to us is that the Government are giving ‘excuses’  to justify ‘ripping-off’ the Irish Citizen and it is rapidly reaching the point that it is no longer going to be tolerated, the effect of which is treating the Irish Citizen with impunity.

The VRT is a charge having the equivalent effect of a customs duty. It is unlawful in its nature, application and implementation. The Irish Drivers Association are therefore calling on the Government to abolish it and refund to Irish citizens, all VRT/Customs duties inflicted on Irish Citizens since the 1st.January 1973.

Even if VRT is deemed to be ‘legal’, why does the Government want 2 taxes on a new vehicle, namely VRT and VAT?

Even if both these taxes were ‘legitimate’ why are the two taxes applied cumulatively and not separately? The effect of applying the taxes cumulatively is to create ‘invisible’ money by a mathematical ‘circus stunt’ calculation presumably ‘invented’ by a civil servant in the Department of Finance using ‘creative economics’. For example, the VAT is applied after the VRT has been applied to the ‘base price’ of a car. By applying them cumulatively, the effect is to create more money than if they were applied separately. For example, a €10,000 car base price, apply VRT at 25 %(under 2 litres capacity) now makes the car €12,500. Apply 21% VAT on the 12,500 makes the retail price €15,125. Total tax take €5125. By contrast, applying the rates of 25% VRT and 21% VAT separately to the €10,000 ‘base price’ creates taxes of €2500 and €2100 respectively, total taxes €4600 making the retail price €14600 to the citizen. The Government have it for sale at €15,125. Where did the difference of €525 come from? It came from the ‘creative’ mathematical ‘circus-stunt’ designed to deceive the citizen. On a €20,000 vehicle, this ‘invisible’ money which a citizen has to pay in ‘reality’ rises to €1050 and in the case of a €30,000 car, it rises to €1575. The Government then use a ‘scrappage’ scheme to induce you to scrap your car if it is over 10 years old and say they will give you £1000IR (at that time) for it if you purchase a new car when in reality a citizen is actually paying for the scrappage scheme himself/herself whilst it costs the Government nothing as a result of applying the combined taxes cumulatively. For example, 25% + 21% = 46%, but our Government would have you believe that this 46% is not 46% at all. It is €15,125 divided by €10,000 = 51.25%. By mathematical ‘circus-stunts’, the Irish citizen is deceived and ‘frauded’ by the Government. Do you believe that 46% is actually 51.25% or do you believe 46% means 46%? If  a citizen is charged in excess of 46%, then the citizen is being ‘frauded’ and you are implementing this ‘system’ as a means of ‘deception’ in the same way that s.1 of the 1952 Finance Act (Excise Duty) states that a quarter shall mean ‘not exceeding 30%’. We always thought  that a quarter of anything in terms of percentage, was 25%, but the statement in s.1 of the 1952 Act ( an Act of the Oireachtas) has stated something which is not so. The Government have effectively stated the thing which is not. The reality is that 3 months road tax equates not to 25% of 12 months but 28.1% of the annual road tax premium. What is the meaning of this? The Government are doing the same with the cumulative application of VRT and VAT to new vehicles. And why was it necessary for the Government in s.1 of the 1952 Act to refer to a fraction at the start of the sentence and finish the section with reference to a percentage? Was this designed as another means of deliberately confusing the Irish Citizen?
You are ‘invited’ to participate with members of the Irish Drivers Association and have your say. Lobby your local TD’s and MEP’s. Demand reasons from them and make them accountable for the reasons why citizens are being deprived of their Treaty rights and why national legislation was implemented to effectively deprive citizens of their Treaty rights.  Eddie Hobbs produced 4 programmes on ‘Rip-Off Ireland’ presented on RTE, which we are aware ‘embarrassed’ the Government. However, the Irish Citizen has only been saying for at least the past 50 years if not longer, the same things that Eddie Hobbs has been saying and the Government have not listened to the citizen. Now, make your voice heard and your feelings known. Remember, true sovereignty lies with the citizen and the people, not with the Government. It starts with you. Fight for your rights and do not allow the Government to deprive you of them. Do not allow Customs, Revenue or the Gardai to dispossess citizens of their vehicle for these are interfering with citizen’s Constitutional rights to the peaceful enjoyment of your possessions, interferes with you EC Law rights to the freedom of movement under Article 39, interferes with your EC Law rights to the freedom to provide services under Article 49 and breaches the important EU Law principle of proportionality which states that the institutions of the State can only take action in proportion to taxes that are owed and thus cannot dispossess a citizen of their cars/vehicles if say €2000 are owed in VRT and one’s car is valued at €10,000.

Thank you for your attention and we look forward to seeing you on June 20th. Help us in our endeavours to accelerate the cause to abolish VRT, refund these monies and alleviate the unfairness in these ‘systems’ and to restore our Treaty rights. Thank you all, so much, for your support.

For Further Information, Contact:

John Doherty, Chairman, Donegal Branch, on 086 878 9925
David Russell,  National Secretary, on 087 231 2250
John Lernihan, National Chairman, on 087 250 9123.

E&OE.