Longford man fails in appeal against no insurance and driving disqualification conviction

A Granard man found guilty of driving without insurance and banned from the road for two years with fines totalling €700 in the District Court was unsuccessful in an appeal in the Circuit Court.

Alex Kane (49) of Cartron, Granard, Longford was appealing a conviction for driving a mechanically propelled vehicle, a tractor, without insurance and failing to produce details of his insurance to Gardaí.

The first State witness, Sgt James Rowan, 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 Rowan he was using a vehicle to feed his brother cattle, saying: “If I don't feed them they won't be fed.”

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Under cross examination by counsel for the defendant, Niall Flynn, Sgt Rowan said he could not recall if there were any implements attached to the tractor to move silage, but accepted there was no trailer attached.

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

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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 that the cover excluded the use of the vehicle to deliver animal feed, and that Mr Kane was not 'a declared driver' on the policy.

Mr Flynn said it was his client's position that he had undertaken repairs on the tractor and was taking it for a test drive as an agent of the policy holder.

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Sgt Rowan said Mr Kane did not inform him of that on the day he was stopped.

In the witness box Mr Kane said he had lived in Fermanagh for six years. In that time he had worked for Mr McLean, the policy holder, fixing cars and tractors.

He said he had collected the Valtra tractor and fixed the gearbox and was taking it for a test drive.

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Having reviewed the insurance policy Judge Connolly said he could not allow the appeal as the defendant did not have a contract of service with Mr McLean which would cover him under the policy.

The judge said as there was nothing in the policy to cover Mr Kane's status he would have to affirm the District Court order by Judge Bernadette Owens.

Judge Connolly confirmed the conviction and fine of €700 and the disqualification from driving for a period of two years for the no insurance charge.