In recent years I have come across more and more examples of people who have landed themselves in considerable trouble because they didn’t correctly have their vehicle removed from their name when they sold it. Former owners have ended up with criminal prosecutions for parking offences, speeding offences and for non payment of tolls and penalties simply because they didn’t comply with their obligations as set down under the Road Vehicles (Registration and Licensing) (Amendment) Regulations. There are two methods of sale that require different obligations.
Sale/Trade In to a Motor Dealer:
In this situation you and the motor dealer must
- Complete a form RF105 which is available from the dealer or is available to be down loaded.
- You should present the vehicle registration certificate (log book) to the dealer.
- If the dealer is enabled to notify the change of ownership over the internet (large dealers have this facility) no further action is required on your part. You should clarify that the dealer can do this.
- If the dealer is not enabled to notify the change of ownership over the internet you must send the RF105 to the Department of Transport in Shannon.
- Remember the responsibility to send the form rests entirely with you the Vendor. It is important that you clarify that the dealer is enabled to notify the change of ownership over the internet, if not you must ensure that you send the form to Shannon.
This is where most people get caught. It is well known by the Gardai that a number of criminals will see a vehicle for sale on various internet based car sale sites or magazines, contact the Vendor and pay in cash for the purchase. They will also take the log book and assure the seller that they will complete it. It doesn’t happen and then the vehicle can be used to facilitate criminal activities.
- In a private sale you and the buyer must complete and sign the reverse side of the vehicle registration certificate. You must also satisfy yourself as to the identity and address of the buyer, ask them for a photo ID!
- You should immediately post the vehicle registration certificate to the Department of Transport in Shannon.
- The Department of Transport in Shannon will record the buyer as the registered owner of the vehicle and a new vehicle registration certificate will be issued to the buyer.
Remember it is your responsibility as the seller to ensure that the form is completed and posted. You should not hand over the vehicle registration certificate to the new owner.
If you move address there is an obligation on you to keep your particulars with the Department of Transport in Shannon up to date. The reason for this is that you could receive notices at your old address that may not be forwarded to you and you could face a criminal prosecution.
If you are in a situation where you have sold your vehicle and get notices (as you may not have complied with your obligations above) then you should either take legal advice or contact the Motor Taxation Office to swear an Affidavit confirming that you sold the vehicle.