A major step has been taken towards fixed penalty notices, or on the spot fines, for bodyshops who do not conform to environmental regulations, including the use of solvent based paints for vehicle refinishing, with the publication of the Environment (Miscellaneous Provisions) Bill 2014.

The drafting of this bill was finalised in July and permission received from Government for the publication of the Bill on July 22ND.  The Bill proceeds to First Stage of the enactment process when the Houses of the Oireachtas reconvene in September. It is expected that the Bill will then take several weeks to progress through both Houses but that the process should be finalised in the autumn.

Sections 20 and 21 of the Bill will provide for the introduction of fixed payment notices (FPN) of €500 to persons found to be running an uncertified vehicle refinishing installation. In addition, 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 introduction of fixed payment notices has taken longer than anticipated as technical amendments to the legislation were required to allow for both FPNs and the existing structure of summary prosecutions at District Court level to work in tandem. This process has now been completed. The new regulations will as before also allow for certified exception on the use of products with a VOC content above the legal limit for vintage vehicles. However, this can only be used with the express permission of the local authority.

These latest moves mean that fixed penalty notices are likely to be available to local authorities investigating illegal bodyshop operations and illegal sales of non compliant solvent based products for vehicle refinishing before the end of the year. Implementation of the new FPN’s on the ground will then become the key issue if the original intention of the environmental regulations of eradicating the use of non compliant solvent based paints in vehicle refinishing is to be achieved.

At present anecdotal evidence of the use of non compliant paints is widespread throughout the country, with many bodyshops seemingly having moved back to the older technology. Both bodyshops and paint suppliers will now have to take regulatory compliance far more seriously and hopefully the new FPN’s will go some way to creating a level playing field for the registered and compliant refinishers operating in Ireland.