Coach firm convicted over alleged breaches in rest periods

A Killarney coach and luxury transport company has been convicted on 10 charges in relation to its tachographs and the organisation of drivers’ time.

The court heard from defence solicitor Eoin Brosnan the company was an important local employer and had a clean record.

Mr Brosnan said the regulations were designed for heavy goods vehicles, not for tourist coach tour operators, who were seeking to have them changed at national and European Union level.

Kerry Coaches Ltd, of Woodlands Industrial Estate, Killarney had originally been summonsed by the Road Safety Authority on 22 allegations.

State Solicitor Ed O’Sullivan told Killarney District Court 12 of the summonses were being withdrawn.

The company was pleading to three sets of breaches of primarily EU transport legislation dealing with road transport, working and road safety regulations, the court was told.

Kerry senior footballer Johnny Buckley, described on company literature as the chief operations manager with Kerry Coaches, was in court for the hearing.

Road Safety Association officer Jim Fleming gave evidence of visiting the company premises on February 19th, 2014.

Rest periods

Mr Fleming said that during June and July 2013, one company driver had worked for 44 consecutive days without the requisite rest period. A second driver on a date beginning in August had worked for 27 days, again without the required rest periods under the legislation.

Other offences related to operating a bus without records available for inspection.

The regulations were designed for heavy goods vehicles rather than for the coach tour industry, Mr Brosnan argued.

Up to 60 per cent of his client’s business in the April to October season involved golf tours. He said a driver could be on a short journey and sitting in his vehicle for up to six hours while waiting for his clients to finish playing, but this was still factored as a full day’s work.

Changes sought

Coach tour operators were seeking changes in the regulations. They had met the RSA and were meeting Minister for Transport Paschal Donohoe on the issue.

His client had no previous convictions, employed 60 people and had employed 13 extra staff to ensure proper compliance.

“It is difficult to ensure full compliance. The regulations are designed for heavy good vehicles,” Mr Brosnan said.

Judge James O’Connor convicted on the 10 summonses and imposed fines totalling €450 on two summonses, taking the other counts into consideration.

“This company has an exemplary record. The regulations are difficult,” the judge said.