As readers are aware Senior members of the association recently travelled to Brussells in order to give evidence at a hearing of the European Commission. We are happy to report that our members were given a full opportunity to make their case and that an investigation into the continuing charging of customs duties/VRT on vehicles in Ireland is now being launched by the commission. The Commissioners expressed disbelief that questionable legislation most likely in breach of European free trade laws had been allowed to continue unchallenged and stated that governments on the European mainland would not have been allowed the same latitude given to our island nation’s rulers.

 At the heart of the matter is the debate into whether VRT is a customs duty or an internal tax. Although the treaty of Rome was signed in 1972 our government were given a free pass up to 1993 to put their house in order and phase out customs duties or taxes having an equivalent  effect (Article 14 (1) and Article 25 Treaty of Rome). Therefore December 31st 1992 should have been the last day for expensive cars and many other goods for the Irish Population. Of course we never got our cheap cars beause on January 1st 1993 VRT was introduced and guess what? It actually amounted to the same thing as the original customs duties and so is clearly in breach of the legislation. This is what the commission must now decide upon. As with all things legal the wheels of power grind slowly but we can consider this a battle one in the war against illegal and unjustifiable taxes. 

We are receiving a lot of calls from people being harrassed by members of the Gardai and Customs whilst driving non Irish registered cars. Stories abound of people being left in dangerous situations on main roads putting their lives at risk whilst their property was driven away by agents of the state. The officers in question would have you believe that they have the right to take your vehicle and leave you on the side of the road. Regardless of what you are told by gardai or customs the basic premise in our legal system is innocent until proven guilty.

There are many legitimate reasons why a resident of the South could find themsemves driving a non Southern Irish registered vehicle and if the law or revenue feel they have a case then thats what the courts are there to decide. All European citizens are entitled to free movement and taking legally held private property from EU citizens breaches fundamental EU rights. If any person is being threatened or coerced into handing over their vehicle or feel that their personal safety is at risk then politely refuse to surrender your  vehicle and offer your name and address to the officers, agreeing if required to produce insurance or other documents. Due process must be served and Kangaroo courts at the side of the road where Gardai And Customs become judge, jury and executioner are not acceptable.

Watch this site for further news on the EU investigation.

The petition lodged by the Irish Drivers Association on customs duty’/VRT will come before the commission on taxation for hearing on either the 14th or 15th of June 2011.

The committee on petitions in the European Parliament having considered a request from the Irish Drivers Association has decided that there are grounds to review the current VRT legislation in Ireland. The parliament are now in the process of asking the Europoean Commission to investigate the problem and we are delighted to see that progress is now being made with our case.

Dear Mr. Doherty

Thank you for your recent e-mail relating to the provision of a subsidised taxi service for people under the influence of alcohol.

While the Department is not in a position to provide financial support for a transport scheme targeted specifically at people under the influence of alcohol, issues raised by your Association’s proposal can, in so far as they relate to rural areas, be considered in the context of the development of the Rural Transport Programme and the provision of improved public transport in rural areas generally. I understand that taxis already play a part in the provision of transport services under the Programme.

Regards

Noel Singleton
National Sustainable Transport Office – Area B
Department of Transport
Ground Floor
Transport House
44 Kildare Street
Dublin 2.

Tel: + 353 1 6041644
E-mail: noelsingleton@transport.ie
14.7.2010
___________________________________________________________

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.

Copy of letter sent

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

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.