A man whose car broke down during an NCT test has been awarded €1,000 in damages after his mechanic swore that the car was in good mechanical order the day before it was tested.
The case, which was heard in Skibereen District Court recently, involved an eight-year-old car that had covered over 102,000 miles. Despite this, the defendant, Finbarr Shanahan, and his mechanic both gave evidence that the car was in good running order and should not have broken down during the test.
While the car was going through an emissions test at the NCT centre, it cut out and therefore could not continue to be tested.
Shanahan, who was present during the test, claimed that the car had been revved excessively and that this had caused it to fail. "I went in for the test and the car was fine," he said. "They revved it too hard and it stopped working, and it hasn't worked since."
In court, the NCT claimed that its test procedures are within the manufacturer's guidelines and that there is nothing in an NCT test that would damage a car in good mechanical condition.
However, Judge James McNulty said that although the car may have suffered from a fault during the test that was the result of wear and tear, he also felt the NCT could have been negligent.
He therefore awarded the defendant €1,000, which was half the value of the car.
In response to the judge's comments, the NCT said: "There was nothing in the court ruling to suggest negligence on the part of the NCTS, its servants or agents.
"While we are not completely in agreement with the judge's decision, in the interest of closure we will not be pursuing the matter."