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 would like to bring to your attention, the unwarranted and unconstitutional interference by Gardai at the illegal seizure and/or detention of citizens’ property, namely vehicles, particularly in border counties and throughout this Nation.

We would like to inform you that every citizen in this country including yourself and the Gardai has property rights recognised by the State under Article 43 of the Irish Constitution. By dispossessing citizen’s of their property vis a vis VRT/alleged owing of monies to the State, the effect of this is to breach peoples Constitutional rights to their property, interferes with the peaceful enjoyment of their possessions and in particular, and on every occasion, breaches the Principle of Proportionality which is not only recognised by the Supreme Court of Ireland and implicit in our own Constitution but is also a European Law right and a principle enshrined under the Treaty of Rome and the relevant Treaty Articles concerning the Free Movement of Goods and the Free Movement of Persons.

Every Irish citizen in this State, is entitled to due process to have their case heard in a court of law. It appears that Gardai are circumventing and undermining citizen’s rights by disregarding their Constitutional and EC Law rights and further compounding this disregard by omitting to take into consideration the constitutional requirement of due process. Only a court of law can direct the dispossession of a citizen’s property by means of a court order permitting such ‘dispossession’ and then only after the citizen has been given the opportunity of being heard.

We would appreciate a meeting with your good self in relation to discussing these serious matters. It is suggested by this Association’s members that consideration will be given to Court action against the Gardai should this situation continue unabated. We respectfully suggest that you ‘instruct’ the Nations’ Gardai that they are not entitled to take, seize, dispossess or otherwise interfere with the peaceful enjoyment of possessions of citizens where their property is concerned and lawfully owned, for we are extremely concerned that certain Inspectors and Superintendents appear to be under the false illusion that our Constitutional and EC Law rights have no effect, unless enacted by an Act of the Oireachtas.

We respectfully notify you that The Irish Constitution is superior to any Act of the Oireachtas and no Act can be enacted which is repugnant to our Constitutional rights. Furthermore, EC Law rights are part of Irish Law by virtue of the 1972 referendum on the Treaty of Rome which amended Article 29.4 of the Irish Constitution and where the formalities of this were competed as a result of the 1972 European Communities Act which have entrenched these property rights under guaranteed fundamental freedoms and as such cannot be interfered with.

We expect the Gardai to respect peoples’ property rights rather than attempt to dispossess them of their property and we are entitled to the protection of the Gardai as such. Failure to respect citizens’ property rights is likely to cause a serious loss of respect for the Gardai of which we have been informed by our members and the public in general. As servants of the State and the citizens, we expect and anticipate that our property rights will be vindicated.

Please respond soonest, as opposed to simply an acknowledgment of our letter and please indicate when a suitable date can be arranged for a constructive discussion on this matter. A copy of this letter will also be forwarded to the Minister for Justice.

E & OE.

Yours Faithfully,
……………………….
David Russell
National Secretary, Irish Drivers Association.
087 231 2250.

John Lernihan
National Chairman, Irish Drivers Association.
087 2509 123

Since this test was implemented approximately 7 years ago, it is the opinion of this Association that the Department of Transport by failing to listen to the Association and have wasted millions of litres of fuel, damaged our environment, wasted work days and bringing people on long journeys including damage to our roads in the process and then have the arrogance to blame the motorist for polluting the environment when they themselves are contributing to this unwarranted damage by the imposition of NCT when Directive 96/96 was introduced by the EU to test cars by stating in particular that local reputable garages who also service cars are also entitled to be vehicle tester inspectors in accordance with the provisions of Article 2 of Directive 96/96 to which the Government have failed to give effect. By creating NCT, a monopoly sponsored scenario has been created, limiting the choice of the consumer and stifling competition.

Despite being advised by the Competitions Authority in 1998, not to go down this road, they have failed to listen to both the ‘warnings’ of the Competition Authority and to the Association and to the citizens. We have had many complaints throughout the country in the past 12 months alone.

It is clear that this Company are ‘frauding’ or attempting to ‘fraud’ and deceive the Irish motorist as we feel that this would not happen if the Directive was implemented more satisfactorily by implementing the provisions of allowing one’s local reputable garage to perform this test in conjunction with the normal servicing of a car thereby avoiding the aforementioned damage and pollution to the environment etc.

For example: A motorist living in Kilbaha, Co.Clare, has to take a day off to comply with this NCT test and travel 70 kilometres to Ennis, Co.Clare, to have this test performed. Should the car fail on a minor item of which there are approximately 385 ways of failing, he or she has to travel back to Kilbaha to his local garage for the item to be rectified. He then has to travel another day back to Ennis, to NCT to conduct the test again. This is a waste of approximately 280 kilometres of fuel, damage to our roads and damage to the environment and a waste of working days. This is also occurring in counties such as Cork, Kerry, Galway, Mayo and Donegal when the test could be conducted at a local reputable garage as provided for in Article 2 of Directive 96/96. The EU used the words ‘in particular’ in relation to local garages who also service cars/vehicles to be vehicle tester inspectors which we have ‘trusted’ for years so why was effect not given to this provision in the EU Directive?

Regretfully, it seems that NCT are endeavouring to maximise their ‘profits’ with the blessing of the Government. The EU have stated that brakes from a safety point of view and emissions from an environmental point of view are the items to be considered on testing of a vehicle, in other words a minimalistic approach. By contrast, the Department of Transport has maximised the amount of items to be tested thereby creating a greater opportunity of ‘failing’ a citizens’ car. The application of VAT at 21% on the test and the retest is the hidden agenda to continue to ‘rip-off’ the already overburdened and overtaxed motorist. 700,000 cars were tested in 2006, and the Government will benefit to the tune of over €7million. Why should safety be taxed? Do the government really care about damage to the environment? From their actions, behaviour and ‘dictatorship’ it is clear that they do not care and in all of this, there was absolutely no discussion, consultation or agreement with the citizen who is ‘forced’ to pay for this test. We would now encourage the motorists to test their cars in the normal way through regular maintenance at their local garage and obtain a certificate of roadworthiness which complies with the provisions of EU Directive 96/96, paying particular attention to the brakes and the emissions as required by the EU, in preference to obtaining a test from NCT. It is time to take a stand against these decisions being made by Government who purport to say that this test is for safety on our roads when in actual fact, the real beneficiary and ‘hidden agendas’ is the amount of revenue collected from this exercise. The real beneficiaries are of course NCT/SGS and the Government with VAT.  Consider this. When a motorist services their car, and are told their car is ‘fine’ after the service, VAT is imposed on the parts and labour as part of the bill. Does the Government seriously expect a motorist to pay for the servicing of their car and then repeat the payment for the same exercise to be performed again by NCT and to be charged a fee + VAT for something which has already been done? If your car is factually ‘roadworthy’ after being serviced, NCT is effectively charging you, the motorist, for what you already know.

For further information, Contact:

Irish Drivers Association:
National Chairman, 087 250 9123
National Secretary,  087 231 2250