A FIFTY-one-year old Newport farmer has been banned from driving for one year and strongly criticised him for his ‘individualism and solipsism’ and ‘arrogance’ in not pulling over his tractor to allow traffic pass, in a ruling by Judge Mary Devins that may have made legal history.
“You don’t have the right to force other people to drive at 15 miles per hour,” the judge said after hearing lengthy evidence regarding the matter.
Last week’s sitting of Castlebar District Court was told that on July 19 last, Mr Michael Nevin, of Glenhest, Newport, was returning from Balla mart, driving a tractor and 26-foot trailer, when he was stopped by Garda John Daly.
Garda Daly said that when he eventually pulled in the accused at Kilknock, Breaffy, he observed that 20 cars were stuck in convoy behind the tractor.
“I spoke to the driver of the tractor and brought it to his attention about the number of vehicles behind him and asked why he had not pulled in,” the garda said.
Garda Daly also said that Mr Nevin replied that he ‘had as much right to be on the road as anyone else had’ and that he was ‘a little agitated’.
“I issued a fine on the spot and to date it has not been paid,” Garda Daly said. The accused had been summonsed under Section 51a of the Road Traffic Act which addresses the issue of ‘driving without reasonable consideration’.
Defending solicitor, Mr Aidan Crowley, observed that the roadway between Balla mart and Manulla crossroads was very narrow. He also argued that Balla mart is one of the busiest marts in the county and that, moreover, it was a Saturday lunchtime and the road was also probably busy with other traffic.
In evidence, Mr Nevin alleged that he had his indicator on to pull in when the garda had stopped him.
“I had my indicator on at the first place I could stop safely. I had indicated already when Garda Daly pulled me in. That was the first place I could pull in safely on the road,” said Mr Nevin.
Mr Crowley told the court that his client was also a driver for Bus Éireann school buses for ten years and had a clean licence.
Mr Nevin explained his vast driving experience to the court and his daily routine of driving a bus, which also involved regularly pulling in for traffic. He argued that there was no safe place that was wide enough to pull in the tractor and trailer until the spot at Kilknock. He conceded that there was a narrow dirt track but, at ten feet wide, it was not suitable for such a wide and long vehicle on such a narrow road.
Judge Devins said: “He didn’t pull in and there were six places that he could have done so. I’m going to accept the evidence of the garda.”
When asked by Mr Crowley would she impose the Probation Act so that there would not be ‘implications’ for his client’s licence, Judge Devins refused.
“I won’t accept the Probation Act. If ever there was a set of circumstances which meet the criteria, these are. Mr Nevin, unfortunately, represents the individualism and solipsism in this society which [fosters the ethos] that his business was far more important than anybody else’s,” said Judge Devins.
She fined Mr Nevin €250 and disqualified him from driving for one year.
Recognisance was fixed in the event of an appeal.
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