A CO Tipperary farmer has said he intends asking the High Court for leave to legally challenge the validity of the Department of the Environment’s instruction to local authorities to clamp down on the use of commercial vehicles for social purposes.
John Burke told Mr Justice Peter Charleton that on August 23rd last the Minister for the Environment John Gormley had indicated his intention to direct local authorities to force owners of commercial jeeps and vans to sign a declaration not to use them for social, domestic or pleasure purposes.
Otherwise they could face a major hike in the road tax on the vehicle.
In the event of breaching such an undertaking, which would have to be given to the gardaí, they could face having the van or jeep seized.
Mr Burke, of Duncummin House, Emly, Co Tipperary, said the enforced signing of such an undertaking in a Garda station was an attack on those operating and living in rural Ireland.
It would seem the Minister had a vendetta or grudge against citizens living in rural Ireland and, while it was not a nice thing to say, it would appear he was more concerned about rubbish than people.
Mr Burke said the vans and jeeps concerned were both designed and insured for commercial use and contained capacity for the driver and only one passenger.
By law they must have no rear seats or rear side windows, which was a major difference to requirements for cars which were used for social, domestic and pleasure uses.
It seemed that if such a van or jeep was used for a Sunday drive the vehicle could be seized.
Judge Charleton told Mr Burke he was short on necessary documentation, including a copy of the Minister’s order or the Act under which the Minister could make such an order.
He could return later with fuller documentation to seek leave for judicial review of the Minister’s proposals.
Mr Burke said he would be back with them.