July 16, 2009

LEGAL CHALLENGE TO VRT

Press Release 16th July 2009: VRT Challenge

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

Written by:

Filed Under: Dates / Events

Trackback URL: http://www.irishdrivers.org/dates-events/legal-challenge-to-vrt/trackback/

Comments

  • russ

    July 31, 2009 at 10:28 am

    Administrator,
    Im from the US so I dont understand the laws here, but It seems to me that a class action lawsuit would be a good option(Im sure the laywers can walk you through ) you would then have the power of the masses, not to mention the documentation backing up claim after claim. you could sue them for everytime they charged someone vrt going back to 1992(its inception I believe). hit them in the pockets thats what they understand (unfortunatly) what do you think?

  • Trebor Hallinan..

    August 20, 2009 at 1:49 pm

    Just wondering do you know if the car is kept in country for a year is it exempt from vrt…? Any info you could provide onthis would be very helpful… Love what yous are doing great cause and glad some one is taking a stand to this injustice..

    Kind regards,
    Trebor..

  • Danny Mc Elchar

    August 24, 2009 at 9:44 pm

    im glad to see an attempt at sorting out this mess. it is ridiculos that if you import a car or in my case buy it just down the road you are forced to give the goverment money they dont desevre. i would love to help with the cause but im unemployed and in college so money isnt something i have alot of. GOOD LUCK

  • Mark

    August 31, 2009 at 11:52 am

    We need to unite & speak in force against this illegal tax we are being charged for years, one of our problems as a nation is that we accept a lot of things that other nations would not stand for. Do you know of any webiste that people can register their name to petition again this? as I am sure everybody would register on it.

    Thanks,

    Mark.

  • Martin Mc Devitt

    September 4, 2009 at 5:09 pm

    Fair play to everybody involved. VRT is one thing I really hate paying. On Highland radio this morning 04/09/09 big debate on Pardraig speaking out against customs behaving like old RUC in the north up here in DONEGAL along the border siezeing cars from MOTHERS leaving their children to school. One woman came on how they left her child in tears and other children asking if she had killed somebody. A bloody disgrace.

  • John

    September 14, 2009 at 5:27 pm

    Perhaps if you were to publish the predicted cost and the current shortfall readers might be more inclined to donate. Just a thought.

  • Paul

    September 29, 2009 at 11:08 pm

    Any updates on this?

  • jeremy

    October 3, 2009 at 4:33 pm

    any updates could you please post a link

  • Jason Hunter

    October 14, 2009 at 4:35 pm

    Hi,

    Are you still bringing this to court? or have you already been?
    Good luck lads, about time someone stood up to this daylight robbery. I’ll be making a donation, won’t be much but I’ll help anyway I can.

  • Tim

    October 15, 2009 at 4:14 pm

    Admin have you any updates regarding your challenge to vrt ( ripoff )

  • johny

    January 16, 2010 at 7:55 pm

    yeatarday customs took mi gf’s car they left her with 3weeks baby on d street she have to walk home,car was only using to go to hospital there was irish insurance.mot,just two weeks out of tax,car was allways parked in a garage,i was trying to sell dat car in north,and now they took car is there anythin i can do or i can sue gardy or customs?garda stop her and then they call customs.gf was crying all night shes still breastfeeding baby now nearly sick. just want to kno is there any office where we can ring and ask for a help

  • Donegal motorist

    February 24, 2010 at 6:50 pm

    Why not get all your members to file a complaint at the address below. If enough people do it they have to listen.
    http://ec.europa.eu/community_law/your_rights/your_rights_forms_en.htm

  • Shaun

    March 23, 2010 at 11:30 pm

    Hey guys, great work, would have to agree with the comment on How much it will cost to tackle this legal battle? Also, if this is against european law how come some one cant contact someone in Europe and ask them whats situation. if an individual took this case to a european high court would they win?

  • paul murphy

    April 13, 2010 at 7:58 pm

    i think VRT is unfair.im from belfast and have a child who lives just outside dundalk her mothers car was stolen in febuary and she needed a car for bringen the child to school and work i leant her a car and the garda seized it the customs have it and wont release it what do i do the customs know i dont live in the republic but the garda is adamant i live there is there any thing i can do

  • Paddy McGinty

    April 15, 2010 at 11:05 am

    http://www.inishowennews.com/06VRT0408.htm

  • donegallad

    April 15, 2010 at 10:50 pm

    Great work from the irish drivers association. Heard John Doherty on speaking today on Highland Radio. Just echoing another comment above – is there any way which something can be done quickly to abolish this so called vrt??
    Flipping disgrace what customs get away with. How dare they treat people in the manner in which they do so. The whole county of Donegal is fuming with the bully tactics of these officers. They should not get away with treating and intimidating and bullying people the way they do so.
    Just wondering as i driving a ni reg car and have a ni driving licence, ni tax, ni insurance and ni mot – can customs sieze my car?? Ive heard from someone that customs cant do anything about it if all that is in place and also heard from other people that yes they can still seize it even with all that. Can anyone shed any light??? Thanks

  • Derryman in Donegal

    April 16, 2010 at 8:25 pm

    Well there was another recent blitz on VRT dodgers in the satellite areas around Derry over the past 2 days and from what I’ve heard they’ve lifted 25 or more cars with about a hundred customs officers all over Donegal in Letterkenny, Lifford, Killea, Burnfoot, Bridgend and down in Muff (couldn’t resist it). Firstly, it makes my blood boil to drive in fear (yes I drive a UK reg car) of being prosecuted by a body of civil servants who are being regularly fined for breaking EU law themselves, yet openly enforcing this gerrymandered policy on us the people of Ireland. Surely our democratic vote should allow us, the people, to decide how laws are governed or are we just fooling ourselves and the reality is that we live in a police state of federalised authority. Secondly, exactly what rights do we have as individuals to challenge this Stalinist oppression? Exactly how can we respond and where do we stand when directly confronted by the customs people, I’d really love to know. Maybe if I read this site I’ll find out but I’m absolutely spitting bullets right now and can’t think straight so I jumped straight to this comment, I just needed to vent. How is the petition progressing? Can we march on the Oireachtas in protest? Take to the streets like the poll tax protests in England. Let those in power know how the people really feel. Anyone with me?

  • matt osullivan

    May 19, 2010 at 10:55 pm

    stopped yesterday in aldi car park in buncrana co donegal
    i told them the car was my ex girlfriends and she lives in the north and gave them car documents and papers and i told them i live in the south they told me i can not borrow a northern car with out paying vrt it is illegal to drive a northern car even if its a loaned car and im insured they then asked me my sons name who is 3 and was with me they called social welfare to see who was claiming child benifit for my son is that legel bring back the old days when they had manners on the border

  • Bruce

    May 21, 2010 at 4:58 am

    Well there was another recent blitz on VRT dodgers in the satellite areas around Derry over the past 2 days and from what I’ve heard they’ve lifted 25 or more cars with about a hundred customs officers all over Donegal in Letterkenny, Lifford, Killea, Burnfoot, Bridgend and down in Muff (couldn’t resist it). Firstly, it makes my blood boil to drive in fear (yes I drive a UK reg car) of being prosecuted by a body of civil servants who are being regularly fined for breaking EU law themselves, yet openly enforcing this gerrymandered policy on us the people of Ireland. Surely our democratic vote should allow us, the people, to decide how laws are governed or are we just fooling ourselves and the reality is that we live in a police state of federalised authority. Secondly, exactly what rights do we have as individuals to challenge this Stalinist oppression? Exactly how can we respond and where do we stand when directly confronted by the customs people, I’d really love to know. Maybe if I read this site I’ll find out but I’m absolutely spitting bullets right now and can’t think straight so I jumped straight to this comment, I just needed to vent. How is the petition progressing? Can we march on the Oireachtas in protest? Take to the streets like the poll tax protests in England. Let those in power know how the people really feel. Anyone with me?

  • Bruce

    May 22, 2010 at 5:41 am

    http://www.inishowennews.com/06VRT0408.htm

  • Gombeen Nation

    June 4, 2010 at 1:08 pm

    Good luck with the challenge. I think citizens can take a case to the EU if they are directly affected. I know someone did it with the Irish Government ban on it’s citizens buying premium bonds from other EU states. I will try to find out about it.

  • Martin Mc D

    June 18, 2010 at 2:46 pm

    In Letterkenny post of thursday 17 june 2010 it appears we have the Donegal Co Council speaking up against VRT saying about the unjust tax notice they did’nt say ILLEGAL tax but sure we’ll see how it goes.

  • Emma

    June 25, 2010 at 10:42 pm

    donegallad, in regards to your question “Can they still take your car even though all your documents are ni?” Yes they can. Well they cant really but they still do. I live in Monaghan and they are rife around here. I was heading to work very early one morning around 5am and I saw them in an unmarked vehicle coming out of a housing estate that I know well and I know a few people living in there have ni reg cars. How sneaky is that?!? If the ni reg car is parked in the south more than 4 nights per week then they will seize it. I think they only watch your movements in the car if they cant prove at the roadside when they stop you that your living in the south. Probably in your case, the fact that you even have a northern licence they mightnt be able to take it off you there and then…
    My partner got stopped in my ni reg car and they couldn’t do anything because the car wasn’t in his name. He just said that I was from such and such a place in the north (I obviously have an address in the north) and he was from Monaghan and he was just borrowing it…So maybe a loop hole would be to put the car in someone elses name!!

    I was going to pay the VRT and be done with it just for the peace of mind but I will see if I can get away with it until this case in July is over…

  • Paddy

    October 20, 2010 at 2:02 pm

    Can anyone say when the case will be taken to the EU court. I have a UK company car,but live in Donegal, and have to store the vehicle in the short term?

  • james

    March 28, 2011 at 8:51 pm

    i live in n.ireland,and was thinking of giving my car to my daughter who lives in Dublin,does anyone know if she would have to pay vrt,if i keep the car in my name.kind regards seamus

  • admin

    April 5, 2011 at 2:02 pm

    Hi James

    The first stage is to get the parliament to agree that there is a legitimate case to be answered and this will be decided in mid juse. The wheels of justice do however grind very slowly

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