Private use on commercially taxed vehicle.

C

CiniO

Registered User
Messages
14
Hi all.

There was a huge thread about it on motors forum.
Plenty of different opinion, but generally the main conclusion was, that if you have a van taxed commercially (as goods vehicle) you are not allowed to use it for private purposes at all. The same opinion was shown on TV and radios, where it was even told it's illegal to use your van to go for a lunch during a break, if it's taxed commercially.
It's not new law, but so far law was not enforced. They just started enforcing it now.
That all came in few months ago.

I was actually never interested, as I never had a van.

But looking at some road traffic law, I discovered something.

Motor Vehicle (Duties and Licences) (No. 2) Act 2008

irishstatutebook.ie /2008/en/act/pub/0024/print.html

That act includes a schedule with all current motor tax rates.

I put bold font on what's important.
Vehicles constructed for use, and used for above purpose fall into above tax class.
It doesn't say, that vehicle has to be used solely for this purpose. It only says that it applies to vehicles used for above purpose.
I'm not a lawyer, but understanding it logically, it's perfectly legal to have a van taxed commercially (in the tax class described above), use it for work during the day, and then go with it to the cinema or shopping in the evening.
The condition written above is fulfilled, as car is used for convoyance of goods.

First I thought I might be wrong, as everyone was saying opposite.
But when you take a look on other parts of this act, you can see something like this.
Here it is clearly stated, that taxed under above classes, can be used for certain purposes, an for no other purposes.
That even more proof, that part stating about goods vehicles, used for convoying goods, does not require vehicles to be used only for that purpose, as otherwise it would be stated the same as here.


Obviously if the van is used only for private purposes (which is very often the case), then it can't be taxed under mentioned tax class (goods vehicles), but has to be taxed privately. Which is actually described in act as other vehicles which can't be taxed under any other class..

My conclusion is, that it looks like it's perfectly legal to have a van taxed commercially (as a goods vehicle) and use it for both commercial and private purposes.

Could anyone confirm if I'm right or wrong?
 
From our point of view we have a crew cab transit for few years.

At start had garda sign to tax commercial.

Last year they sent out the money and form back with another piece of paper attached looking for again gardai signature and including one's vat no. We rang the tax office and were told just put in PPS. No. and nature of employment and who's employer. Was told only issue to tax if unemployed.

Gardai laughed at the form and said its a joke, no way were they going to check any commercial vehicle for personal use!

Long may it continue (although I do acknowledge we pay cheap tax and can carry up six/seven persons on a journey)
 
This was a massive storm in a tea cup.

One of the last nuissance things stirred up by the greens.
I am aware they were qouting an existing unenforced law.

I think they were hoping to upset people that were commercialising high end jeeps like the Q7 to avoid road tax and not using for work at all. Rather than white van man running kids to school.

Use the van very regularly outside work hours due to on call commitment.
Never once had any Gardai question it.
 
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