A HAULAGE truck owner who allowed a trailer on the road which was in an
unroadworthy condition was handed fines totalling 1,700 at last week's
Kilmacthomas District Court. The driver of the vehicle was fined 500.
Last week's Kilmacthomas District Court heard that on
were called to the scene of a road accident at around
crashed into the semitrailer of a lorry. The lorry and trailer was owned by James Lanigan, Fiddaun, Inistioge, ",'
Kilkenny, while the driver of the lorry was Stephen Kelly, Ballycommon, The Rower, Kilkenny.
Giving evidence, PSV Inspector Garda Joe Robinson told the Court that after inspecting the semi-trailer, he found the trailer to
have sidelights missing, as well a rear under bar, which stops vehicles running in underneath the trailer.
Garda Robinson said that in order for the trailer to pass the test, it should have had a minimum braking power of 45%. "It only
had 17.15% braking power," said Garda Robinson. "It failed the brake test."
Supt. Jerry Lynch, prosecuting, told the Court that it was dark at that time of the morning
when the car ran into the side of the trailer. In mitigation, Paddy Gordon, the Burgery, Abbeyside, Dungarvan, said the trailer
" said Mr. Gordon. "James Lanigan has been operating a haulage business for a number of years,
but he doesn't have a fleet of vehicles. He has no previous convictions and is a family man.
"This trailer has not been used since the accident. He keeps his other four vehicles in good order," added Mr. Gordon.
Judge Harnett described the condition of the semi -trailer as "disgraceful"."The trailer did not have a.
rear under bar. How many fatal accidents have there been over the years where cars have gone under these trailers?" he
questioned.
"The brakes are appalling, and this trailer was expected to haul timber! I could give an educated guess that 60% of trailers are overweight, and
they give the excuse of it being a wet day, or there are no scales in the wood!" added the Judge.
In mitigation for Kelly, Mr. Gordon said he was a paid driver.
Judge Harnett fined Kelly 500 for the offence.
.
For having no MOT on the vehicle, he handed down a further fine of 700.
"If he had applied for an MOT for this trailer, it would have
failed comfortably, and no accident would have happened," said the Judge.
Recognisance was fixed in case of appeal of the Judge's ruling.
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