Fixed Payment Notices for non-compliant bodyshops

December 08, 2015
Fixed Payment Notices for non-compliant bodyshops
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The EPA and local authorities are now in the process of finalising plans for the much stricter enforcement of environmental regulations for bodyshops and expect the first fixed penalty notices to be issued to non-compliant operators in the New Year.

 
Section 21 of the Environment (Miscellaneous Provisions) Act 2015 has put in place legislation for fixed payment notices to be issued to bodyshops, in relation to use of non-compliant material, or businesses involved in the supply of non-compliant paints  Fixed payment notices (FPN) of €500 will apply to persons found to be running an uncertified vehicle refinishing installation (regardless of whether or not they are using compliant products), while an FPN of €1,000 will be introduced for persons found to be selling paints, varnishes or vehicle refinishing products with VOC content above the limit value, or products that are not labelled in accordance with the regulations.
 
Dr Ian Marnane of the EPA says that a supporting statutory instrument, to put the payment notices into effect, will hopefully be finalised this month and that the EPA will shortly be providing Local Authorities with guidance on how to enforce the regulations and issue the fixed payment notices. He comments, "The new fixed payment notices will make it much easier for local authorities to enforce the regulations and make it far more difficult for anyone who is currently using or supplying non-compliant materials or working without proper registration to operate in the vehicle refinish sector.”
 
It is expected that the new fixed payment notices will be issued promptly by Local Authorities after a brief warning period. As such non-compliant operators who continue to contravene the regulations will have to pay the appropriate penalty and can be subject to multiple penalties if they continue to break regulations.
 
Ian says that the EPA is also active on other fronts to promote compliance in the body repair sector. This includes positive engagement with the insurance sector to ensure that only registered bodyshops carry out insurance work.
 
Any compliant repairers concerned about the activities of illegal operators in their area can call the National Environmental Complaints line on 1850-365-121. Information on the regulations, approved assessors and best practice guidelines can be found at www.decopaints.ie.

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