NCT delays: Fears State could be sued over long waiting times

The Department of Transport has raised concerns over potential litigation arising from lengthening waiting lists for National Car Testing (NCT) appointments, which are now far beyond previous delays.

Officials have instructed the Road Safety Authority (RSA), the agency responsible for overseeing the service, to assess possible liability in the event of legal action.

Documents released under freedom of information show that by the end of September more than 360,000 vehicles were awaiting inspection at centres around the country.

That is 80 per cent higher than previous peaks of between 150,000 and 200,000. The RSA has said the situation is unlikely to abate this year.

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Minister of State at the Department of Transport Hildegarde Naughton has demanded action, instructing the RSA to issue her officials weekly updates on Fridays, followed by sit-down meetings on Mondays.

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The NCT service is run by Applus, which was awarded a 10-year, €600 million contract in 2019, but which has struggled to hire sufficient numbers of mechanics to address the backlog.

The problem has become so acute that, in September, Department officials instructed the RSA “to clarify [the] legal position where a vehicle owner may challenge in court the inability to get a test appointment”.

This process is ongoing, but departmental officials have declined to comment on what nature of potential litigation they are concerned about.

“The RSA have confirmed that an assessment has been carried out in response to this request. The nature of the request and any associated legal advice are privileged information,” a spokesman said.

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Current average waiting times for appointments stand at about 24.5 days. However, the Dáil heard on Thursday of wait times of up to six months.

Despite frustrations on the part of motorists attempting to securing appointments before NCT certificates expire, it remains an offence to drive without one.

Briefing documents prepared for Ms Naughton state that the Department has not provided gardaí with “alternative instructions” in relation to enforcement.

“The RSA has made An Garda Síochána aware that some vehicle owners have had issues securing an appointment,” it said. “A member of the Garda may accept evidence that a test booking has been made but this is at the discretion of that member.”

Insurance Ireland has indicated that its members “will adopt a pragmatic approach” and that cover will continue to apply if vehicle owners provide evidence they have attempted to secure a test appointment before the expiry of their certificate.