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The Irish Road
Haulage Association Welcomes Judges Review
The Irish Road
Haulage Association (I.R.H.A.) has welcomed a Judgment by Mr. Justice Hedigan in
the High Court regarding a case on the 6th of October 2005,in which a garda
stopped a JCB Fast Track vehicle towing a three axle trailer at Fair Green,
Westport, County Mayo. The vehicle was being driven by a boy of 17 years of age,
and was transporting 24 bales of concrete blocks from a quarry in Westport to
Louisburgh.
When the original case was heard the District Court dismissed
all of the charges with the exception of the offence of failing to display a
number plate at the rear of the trailer.
High Court judge Mr Justice
Hedigan ruled that in his opinion "In light of the foregoing, I am of the
opinion that the learned District Judge fell into error in deciding to dismiss
all bar one of the charges against the accused."
President of the
IRHA (Irish Road Haulage Association) Mr Vincent Caulfield stated that the IRHA
were delighted with the outcome of the case review in the High Court adding that
this now meant that Gardai were obliged to implement the law regarding the use
of such vehicles.
He said he was now calling
on the departments of transport and environment to ensure that local Authorities
no longer engage the services of such operators given the seriousness of the
situation.
Continuing he said: This
is an endorsement of our associations long standing position on the use this
type of vehicle for the carriage of goods for hire and reward on public roads,
we have highlighted this issue on many occasions from a safety perspective and
also the unfair competitive advantage they enjoyed over legitimate licensed
road haulage operators. The use of duty free diesel, exemption from tachograph
legislation,no annual roadworthiness test, no regulation of maximum weights
carried and can be operated by a sixteen year old with little or no
qualification.
The
case which saw this reversal in the High Court, was first heard on October 5,
2006 and further oral submissions were made again on December 7, 2006 in the
District Court. Despite these detailed submissions on behalf of the prosecutor,
the learned District Judge concluded that the vehicle in question was not a
‘goods vehicle’ and therefore could not have been tested for a Road Freight
Carrier’s Licence. On this basis, she found that the limits on axle weights and
laden weight of single vehicles did not apply. The learned District Judge also
held that a tachograph could not be fitted to such a vehicle. In light of these
findings, she dismissed all of the charges with the exception of the offence of
failing to display a number plate at the rear of the trailer.
Note
for Editors
(High Court Case Number 2009/443)
On the date in
question the driver informed the gardai that he was employed by the accused and
that he was transporting the concrete blocks for reward. The trailer had a
specially fitted lift arm, designed for the movement and placement of bales of
such concrete blocks. Arising out of this incident, a number of summonses were
subsequently issued to the accused.
The charges included:
Operating the
vehicle and trailer, without a certificate of road-worthiness in respect of
either, contrary to Article 14 of the European Communities (Vehicle Testing
Regulations) 1991;
Carrying merchandise without a merchandise licence
contrary to section 9 of the Road Transport Act 1933, as amended (‘the 1933
Act’);
Failing to exhibit a road transport plate, contrary to section 34 of
the 1933 Act;
Failing to install a tachograph on the vehicle in
contravention of the European Communities (Road Transport) (Recording Equipment)
Regulations 1986 (‘the 1986 Regulations’);
Failing to use a tachograph in
respect of the vehicle in contravention of the 1986 Regulations;
Aiding and
abetting dangerous driving contrary to section 53(1) of the 1961 Act;
Failing to pay the correct rate of motor tax, contrary to section 2 of the
Finance (Excise Duties)(Vehicles) Act 1952;
ENDS
For
further information please contact:
Mr. Vincent Caulfield
– 086-2541424 086-2541424 086-2541424
086-2541424
President of the Irish Road Haulage Association
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