The long awaited signing off of fixed payment notices for bodyshops that breach environmental regulations regarding the use of non compliant materials took place over the summer months.

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 now 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.

The regulations were signed off by Simon Coveney, Minister for the Environment, Community and Local Government on June 28th under Statutory Instrument No. 348/2016 - Air Pollution Act (Fixed Payment Notice) (Paints) Regulations 2016 and the regulations came into operation on this date.

The signing off of fixed payment notices means that Local Authorities now have significantly improved powers to enforce compliance issues. Once issued with an FPN a business has 21 days to make the payment and failure to do so will result in prosecution. If the person in question is then found guilty of an offence in court on summary conviction, that person is liable to a class A fine of €5,000 or to imprisonment for a term not exceeding six months, or both.

Dr Ian Marnane of the EPA welcomed the news. He commented, “The signing off of Fixed Payment Notices means that local authorities now have a powerful enforcement tool which should act as a major deterrent for non compliant bodyshops and paint suppliers.” He added, “We have issued notification and guidance to local authorities on this issue who can start using these notices with immediate effect.”

Ian says that similar fixed payment notices have proved very successful in other fields such as littering and especially in the sale of coal that fails to meet smoke reduction regulations. 

Any compliant repairers concerned about the activities of illegal body repair operations or suppliers in their area can call the National Environmental Complaints line on 1850-365-121 or contact their Local Authority. Information on the regulations, approved assessors and best practice guidelines can be found at www.decopaints.ie.