Trailer Involved in Road Collision
was ''Unroad Worthy''
Dungarvan Observer

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 12th October, 2005, Gardai


were called to the scene of a road acci­dent at around 7.40 a.m. An Opel Corsa had


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


was used to draw timber from a wood. "The trailer has a crane in its centre and brings the timber to the sawmills,


" 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



"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.


 Judge Harnett handed down a 1,000 fine to Lanigan for allowing a dangerously defective vehicle on the road.


 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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