Following on from the changes to regulations on bodyshop compliance that came into force in January, Autobiz understands that an additional provision for fixed penalty notices for non compliance in now nearing completion.

The General Scheme of the Environment (Misc Provisions) Bill, was approved by Government on April 30th but is not yet published. This includes a provision for Fixed Penalty Notices to be applied to uncertified repairers. This regulation is currently being refined for publication by legal advisors at the Department of Environment Community and Local Government and will be implemented shortly.

This is seen as key to enforcement of the regulations and will mean that local authorities will have the power to issue fixed penalty notices, or on the spot fines, to anyone who is refinishing vehicles and does not have a valid certificate, or has a certificate but is using a non-compliant product. As such illegal operators who have evaded the law because of the protracted and lengthy legal process, could find themselves facing hefty and immediate fines for non-compliance.

In an additional development as a result of discussion between the Vehicle Repairers Association, the EPA and DECLG,  a letter has been sent by Minister Phil Hogan to the Irish Insurance Federation regarding the issue of compliance. This letter sets out the obligations of insurance companies in relation to only directing work to certified and compliant repairers, expressing disappointment that a voluntary agreement agreed by the IIF and the EPA has not been implemented by IIF members. 

Minister Hogan urges the insurance sector to support the new regulations and for insurance companies to only use certified repairers to carry out insurance paid work. The Minister is currently awaiting a response to his communication.