Haulier firm fined €2,700 for employee using another person’s driver card

A haulier firm has been fined a total of €2,700 in relation to seven charges surrounding the use of a driver’s card by a driver other than the card’s owner.

James Dunne of James Dunne Haulage was before Ballyshannon District Court on Friday on charges against himself, his firm and his son. He pleaded guilty to charges which arose when his vehicle was stopped by an RSA inspector on June 5, 2023 on the N15 at Magheracar, Bundoran. 

The vehicle was being driven by his son James Robert Dunne of 64 Brae Head Road, Nixon’s Corner Derry. 

James Robert Dunne was charged with two counts of driving a vehicle while in possession of a driver card of which he was not the holder.

James Dunne of Drumatoland, St Johnston was charged with permitting James Robert Dunne to use a card in the name of James Dunne. 

James Dunne Haulage Ltd of Drumatoland, St Johnston was charged with engaging in the occupation of a road haulage operator without holding a road haulage transport operator’s licence. The company is further charged  with allowing an employee to use a driver card in circumstances where the driver was not the holder of the card. 

James Dunne Haulage Ltd is also charged with failing to ensure the correct functioning and proper use of digital tachographs. 

The court heard that James Dunne had previously held an international haulier’s licence but it was no longer valid in the Irish state due to Brexit. 

He was in the process of applying for an Irish licence but it was a slow process.

The court also heard that a driver card in the name of James Robert  Dunne was found under the passenger seat of the lorry.

The RSA inspector outlined that there was a limit of nine hours driving permitted per day. By using a second card in another name, a driver could increase driving time to 18 hours.

She said that driver fatigue was the big risk that resulted from such a practice.

Following questions from defence solicitor John Anderson, the inspector acknowledged that James Robert had taken a break between journeys. The break came about as a result of him having delivered livestock to a meat factory in Ballyhaunis at 12.30am, and having to wait until after 7am to unload.

The inspector however stressed that this still fell short of the required rest time for drivers. 

Mr Anderson said that his client has been in the business for more than 40 years. He had no previous convictions and ran very clean lorries. He was doing his best to secure a haulier’s licence in the Irish state. 

State solicitor Kieran Dillon advised the court that the maximum penalty for each of the offences was a fine of €5,000 or six months in prison. 

He added that the court had full discretion in terms of mitigation.

Judge Michael Connellan imposed fines of €500 in respect of each of the two charges against James Robert Dunne. He fined James Dunne €500, and imposed three fines of €400 on James Dunne Haulage, with a fourth charge against the company taken into consideration.