This article is from page 16 of the 2007-05-08 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 16 JPG
A MAJOR insurance company has admitted that the wording of its mo- tor policies could be misinterpreted and is not clear on what type of driv- ing licence a motorist requires to be certain of being insured to drive a vehicle.
The revelation came at Tulla Dis- trict Court, when two men were prosecuted for a number of motoring aoe ;
Mohamed Salem, of Carrig An O1r, Ennis was driving a lorry which was stopped by a garda, at Moymore, Tulla, in January.
Mr Salem was charged with driv- ing without insurance and a driving licence, not having the correct road tax and with having a bald tyre. His employer, Mr Gerard Clune, former- ly of Clune Murphy Construction, was charged with five offences.
Garda John Ryan said when he stopped Mr Salem and demanded production of his documentation, he tendered a Libyan driving licence.
Defending solicitor Sse bs Loughnane said AXA’s insurance certificate stated that a driver with a
“full driving licence” was insured to drive the vehicle and that Mr Salem’s Libyan licence was sufficient.
AXA _ Insurance _ representative Paul Quinlan admitted the wording of the policy could lead to misin- terpretation. He said AXA did not verify what driving licence was be- ing submitted when an application for cover was made but that the “in- tention would be a full Irish driving licence”.
Judge Aeneas McCarthy agreed that the wording could be misinter- preted. He said that if Mr Salem had an accident, technically he would not be insured but in a civil action, the insurance company would be held li- able. The Judge said however that un- der the provisions of the Road Traf- fic Act, under which the proceedings were taken, a driver must hold a full Irish driving licence.
He acquitted Mr Salem on three of the four charges, but convicted him on the bald tyre charge and fined him €100.
Judge McCarthy convicted Mr Clune on all five charges and fined him €1,250. Recognisances were fixed in the event of an appeal.