This article is from page 12 of the 2013-12-03 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 12 JPG
A DIRECTOR of a Kerry-based bus company has been fined in relation to an oil spill that led to multiple accidents and major tailbacks on the Limerick to Galway motorway earlier this year.
At Ennis District Court on Thursday, Patrick Kennedy, a Director of Kennedy Coaches, Main Street, Annascaul, Kerry, recived a € 250 fine.
Mr Kennedy denied a charge of having his coach in such a condition that would have rendered the vehicle dangerous to the public.
The charge arose from an incident that occurred on the motorway on February 1, 2013.
The driver of a Mercedes Benz bus bringing students from Tralee to Galway pulled over near Hurler’s Cross after noticing the oil spill.
He immediately contacted the owner who contacted Shannon gardaí, the court heard. The two-mile long slick shut the motorway and forced Gardaí to close a 10km stretch of road resulting in massive tailbacks.
There were five accidents as a result with one person injured. The oil slick occurred on the day of the Waterford Crystal hurling match between Clare and Cork. Many of the Cork players were delayed getting to the game in Sixmilebridge. Throw in was delayed by an hour for the match that Clare won.
Judge Earley convicted Mr Kennedy after PSV Inspector Garda Brendan Condon said the coach was not in good overall condition prior to the incident because of a serious defect in relation to its fuel tank that would have rendered the vehicle dangerous to the public.
Garda Condon told the court a bracket used to hold up the one of the fuel tanks had been fractured.
Judge Earley said that he accepts that Mr Kennedy “is a conscientious businessman and did his best to mitigate the difficulties that the defect in his coach caused”.
The judge said that he accepted there were substantial mitigating factors. The court heard the bus passed a safety test nine weeks prior to the incident.
The defect in the fuel tank was also subject of a recall by Mercedes Benz. In evidence Mr Kennedy told the court that he never received the letter informing him of the recall in September 2010.