Under the Road Safety Authority Act 2006, the Road Safety Authority (RSA) has statutory responsibility for the National Car Testing (NCT) service.
The NCT service is required to be conducted in accordance with the requirements of European Directive 2014/45/EU which has been given effect in Irish law by means of the Road Traffic (National Car Test) Regulations 2017 (S.I. No. 415/2017), as amended. These Regulations also give effect to the EU Directive in respect of testing methods and pass/fail criteria.
The RSA has contracted a third-party service provider to run the NCT service on its behalf and the Authority exercises a supervisory role to ensure the service is provided in line with the requirements of the contract with the service provider.
I have been advised by the RSA that the emission control system of a vehicle is checked for completeness as part of the NCT. Where an emission control system is found to be leaking, incomplete or incorrectly assembled, the vehicle is failed accordingly.
Due to the type of modifications carried out on vehicles to remove or disable diesel particulate filters (DPFs), some of which are done through software settings, and as the NCT does not involve the removal of vehicle components, it is not always possible to detect such modifications. The NCT is carried out without the use of tools to dismantle or remove any part of the vehicle. A detailed assessment of a vehicle’s design and construction is not part of the test.
The process of removing a DPF should only be carried out as part of the vehicle’s maintenance process in accordance with the vehicle manufacturer’s repair and maintenance information, to ensure the vehicle complies with its type approval requirements. It is the vehicle owner’s responsibility to ensure that they do not drive a vehicle without a DPF if the vehicle manufacturer originally fitted one.
Under the Road Traffic (Construction, Equipment and Use) Regulations 1963, as amended, it is an offence to use a vehicle that has been modified in such a way that it emits any harmful content that may cause damage to persons or property, or endanger the safety or health of any other user of the public place. The permanent removal of a DPF will almost invariably contravene the above requirements, making the vehicle illegal for road use and potentially resulting in penalties. By law, all vehicles must be maintained in a safe and roadworthy condition when used on public roads.