Longford man 'with significant debts to State' picks up two year ban for driving tractor without insurance

A Granard man found guilty of driving without insurance was banned from the road for two years and has to pay a fine of €700.

Alex Kane (49) of Cartron, Granard, Longford was before Judge Bernadette Owens on a charge of driving a mechanical propelled vehicle, a tractor, without insurance. Mr Kane was also charged with failing to produce details of his insurance to Gardaí.

Charges of driving without a drivers licence and failing to produce a driving licence were struck out.

The first State witness, Sgt James Rohan, told the court that at 3:50pm on May 26, 2021 at Rathcronan, Granard he stopped an English registered Valtra tractor driven by Mr Kane. The officer made the lawful demand for the defendant's drivers license and insurance.

Mr Kane gave an undertaking to produce the documents to Granard Garda Station. The defendant told Sgt Rohan he was using a vehicle to feed his brother cattle.

Mr Kane later produced a certificate of insurance from UK insurer NIG in the name of Matthew McLean of Glenpark Motors, Omagh.

The sergeant told the court he corresponded with the insurer and they indicated the policy only covered vehicles for motor trade purposes. He went on to explain the cover excluded the use of the vehicle to deliver animal feed, and that Mr Kane was not 'a declared driver' on the policy.

Solicitor for the defendant, Brid Mimnagh, put it to the witness: “Mr Kane will say there was no farm implement attached to the vehicle and he was not drawing animal feed.”

Sgt Rohan agreed there was no grabber on the front, but he could not recall if there were any attachments to the rear of the tractor, adding: “All I can say is that Alex Kane said he was using the tractor to feed his brother's animals.”

Ms Mimnagh suggested her client had repaired the vehicle and was taking it for a test run. Sgt Rohan replied: “He did not mention that to me at the time.”

Regional Underwriter for NIG insurance, Sara Hunter, gave evidence via videolink. Ms Hunter confirmed Mr Kane was not covered for social, personal or pleasure purposes on the policy at the time.

The NIG underwriter said the defendant was not a named driver. Ms Mimnagh asked the witness if the contract of service covered the tractor for a test drive: “If he left the garage for that reason then he would be covered?” the solicitor asked.

“That is correct,” Ms Hunter replied.

Taking to the witness box Alex Kane stated he works in the motor trade and fixes vehicles. He said he performed a service on the tractor and replaced the gear box. Mr Kane maintained he drove the vehicle about three kilometres to his brother's farm where he had foddered cattle with a different tractor.

Mr Kane said the main reason for the journey was to test drive the vehicle: “I was nearly at the garage when Sergeant Rowan stopped me. I told him I had been out feeding my brothers cattle. I had repaired the tractor for Mr McLean and I needed to make sure it was fixed proper. I believed I was covered,” he said.

Cross examining the witness Inspector David Jordan asked: “How many vehicles have you fixed for Mr McLean?”

Mr Kane replied: “Two, a tractor and a van.”

The Inspector asked: “How did he pay?

The witness said: “In sterling cash.”

Inspector Jordan asked if Mr Kane had brought documentation to court to back up his claim. Mr Kane replied: “I would have, but I have not brought it into court today.”

The witness said he has not undertaken work for Mr McLean “in a while”.

Summing up the matter Judge Bernadette Owens said: “I have heard the evidence of Sergeant Rohan, Ms Hunter and Mr Kane. Based on that evidence I do not believe Mr Kane advised Sgt Rowan he was test driving the tractor when stopped. He did not produce evidence to confirm he was undertaking a test drive.”

Judge Owens said given these facts she had to convict Mr Kane. The court was told Mr Kane is a father of four children and has eight previous convictions for road traffic offences.

Ms Mimnagh asked the judge to consider how important her client's license was to him and the fact that he has “significant debts to the State”.

Judge Owens registered a conviction and imposed a fine of €700 with six months to pay and disqualified Mr Kane from driving for a period of two years for the no insurance charge. Recognisance was set on the defendant's own bond of €250. The failure to produce charge was taken into consideration.