With fixed penalty notices now available as a deterrent for non compliant bodyshops and refinish suppliers, the EPA is now working closely with local authorities to secure better compliance in accident repair industry.
Earlier this year Section 21 of the Environment (Miscellaneous Provisions) Act 2015 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 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 is in place 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 new regulations were signed under the Statutory Instrument No. 348/2016 - Air Pollution Act (Fixed Payment Notice) (Paints) Regulations 2016.
If a local authority issues a payment notice 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.
The EPA, in conjunction with local authorities, will be making a coordinated effort to indentify and pursue non compliant operators in the coming months. 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.