Rural bus operator in court for rule breaches
The prosecution was taken by the Road Safety Authority.
A couple operating a small bus service has been ordered to comply with required regulations after they were found to have breached a number of Road Safety Authority (RSA) rules.
Jeremiah Nicholas, aged 57, of Crosshill, Ballycroy, pleaded guilty at Achill District Court to failing to use his record sheet or tachograph driver's card and failing to take the prescribed daily rest as required by the RSA.
His wife, Mary Nicholas, aged 58, pleaded guilty to failing to download data from the driver card within the required period of 90 days and failing to carry out an inspection of recording equipment within the required period of two years.
RSA inspector Noel McGoldrick told the court that he carried out an inspection of Nicholas’ business at a teenage disco in Midfield, Swinford, on November 1, 2022. During the course of the inspection, he discovered that Mr and Mrs Nicholas had breached a number of required regulations.
Mr McGoldrick explained that no download of the required data had been done between June 10, 2019, and September 9, 2019, the 90-day period in which this work was to have been done. The recording equipment had not been calibrated between June 2019 and June 2021, the required two-year period. These tasks were the responsibility of Mary Nicholas, the operator of the business.
As the driver of the bus, a Ford Transit, Jeremiah Nicholas was required to undergo a required rest period within 24 hours, which he failed to do on October 14, 2022. He also failed to use his driver's card or record sheet on October 15, 2022. Mr McGoldrick said it is important that the driver's card is used for road safety reasons.
Solicitor Gary Burke said his clients have operated this service in the Ballycroy area for 27 years. and their sole vehicle is a 16-seater Ford Transit bus.
Mr Burke described the service provided by Mr and Mrs Nicholas as a "lifeline" to the people of Ballycroy, adding that they bring local residents to the local doctor’s surgery, to church and for their daily shopping.
“The state doesn’t provide this service, so their service is a lifeline for Ballycroy residents,” said the solicitor.
He said his clients will undergo a tachograph course later this month in order to "regularise matters".
Judge Fiona Lydon told Mr and Mrs Nicholas that she wanted them to complete the tachograph course and get their business up and running again before she would finalise the matter. She adjourned the case until January 11, 2024.
