Mayo judge 'astonished' that vehicle with 17 defects passed NCT

A MOTORIST who was stopped by gardaí and told to sort out 12 defects which had been found on his vehicle was detected some months later with 17 defects on the same vehicle when he was stopped again.

Tom Maughan (50), Bay 1, Halting Site, Castlebar, pleaded guilty to a charge of driving a defective vehicle which posed a danger to the public when he appeared before Judge Sandra Murphy at Castlebar District Court.

He also entered a plea to a charge of careless driving which arose from being detected driving a vehicle which was in such a dangerous condition as to pose a threat to the public.

Judge Murphy said she shuddered to think what might have happened if the car had been involved in a road traffic accident such were the number of serious defects which were found on the vehicle.

The judge was alarmed when told that the vehicle in question had passed the NCT and had it displayed on the car when it was stopped for a second time.

Of even more concern to the judge was on hearing that when the vehicle was being loaded to a lorry after it had been seized by gardaí, it rolled back and could have caused an accident as the handbrake was defective.

Garda Olive Lafferty told the court that her attention was drawn to a vehicle at Hopkins Road, Castlebar, on December 13, 2024, as she noticed there was a black sheet of plastic covering where the rear window should have been.

“I considered that to be dangerous so I stopped the vehicle and spoke to the driver,” said witness.

The car was seized as there were a number of defects that were fairly obvious including tyre defects, lighting defects, windows not opening, car boot damaged and numerous other problems which were uncovered when the car was taken away for an examination by a PSV inspector.

Garda Lafferty said the same car had been stopped and seized on July 3, 2024, when a total of 12 defects had been found.

The defendant was given a list of the defects and told not to drive the car again until they had been rectified.

When the car was stopped by Garda Lafferty some five months later, it had 17 defects.

The reports from the PSV inspector documented a number of defects which rendered the car highly dangerous.

It was essentially not fit to be on the road.

Mr. Gary Mulchrone, solicitor for the defendant, said his client was a 50-year-old man and a father of six who lived with his wife in a caravan.

“I know it is not an excuse but he simply hadn’t the money to carry out the repairs as there are six children in the family and it was more important to provide food and shelter for his family,” said Mr. Mulchrone.

He said his client was the sole provider and driver for the family and if he were to lose his licence it would have a devastating effect on himself and his family, particularly for getting them to school and for doing medical errands for his family.

Mr. Mulchrone also said he was 'astonished' that the car had passed an NCT given the number of defects.

He said the car had since been scrapped and his client now had a roadworthy car, fully insured and taxed and also displaying an NCT.

Judge Murphy said she fully understood the predicament the defendant found himself in, but this was a very serious matter which could have had very serious consequences had there been an accident.

Said Judge Murphy: “Having been stopped once and have 12 defects on the car and then to be stopped five months later to discover there were 17 defects detected was a very serious matter.

“This car wasn’t just a danger to others on the road but it was a danger to the defendant himself and his entire family given the serious nature of the defects.”

She added: “God between us and all harm had it been involved in an accident.”

Judge Murphy imposed a two-month term of imprisonment which she suspended for 12 months on the charge of driving a dangerous and defective vehicle.

She declined to suspend the defendant from driving but said an ancillary disqualification of six months will apply if the defendant is detected again driving a car with such defects.

She also imposed a €250 fine on a reduced charge of careless driving.

* Funded by the Courts Reporting Scheme.