A Ballybofey haulage company has had its licence revoked after serious concerns for road safety were raised.
Walter Reilly & Sons Limited had its international road haulage operator licence withdrawn by the Minister for Transport earlier this year.
The company, at a special sitting of Letterkenny District Court this week, appealed that decision, but the challenge was rejected by Judge Ciaran Liddy.
A spokesperson for the Department of Transport said the licence was “withdrawn on grounds including serious concerns for road safety arising from convictions and penalties for infringements of road transport regulations in Ireland, Northern Ireland, and Great Britain.”
Mr Ivor Reilly, a director and transport manager of the road haulage company, challenged the decision via his legal team at a hearing in Letterkenny courthouse.
Several inspectors from the Road Safety Authority (RSA) and the Driver and Vehicle Licensing Agency (DVLA) from Northern Ireland were present to give evidence in the case.
The Minister for Transport was represented in court by officials including the head of the Road Transport Operator Licensing Division.
Alison Lowery with a framed picture of her late sister. PIc by Northwest Newspix.
A spokesperson outlined that the court was told that the Minister closely examined the operating record of the company, and that important public interest information had been gathered from various enforcement agencies in the respective jurisdictions.
Having heard evidence from Mr Reilly and following close cross examination by State Solicitor, Kieran Dillon from Quinn Dillon & Co Solicitors, the Judge upheld the Minister’s decision, remarking that road safety was of paramount importance and that the decision of the Minister for Transport was therefore “reasoned, justified and proportionate”.
In denying the appeal, Judge Liddy also awarded costs to the Minister totalling €10,000.
Members of the family of the late Shauna McDevitt were present for the hearing – and have welcomed the court’s decision to uphold the action taken by the Minister for Transport.
Ms McDevitt was killed when the wheel of a Walter Reilly & Sons Ltd tanker lorry came loose and collided with the car in which she was travelling.
Alison Lowery held a framed picture of her beloved sister, who lost her life in the tragic accident near Toomebridge, County Antrim, on April 10, 2022 while travelling back from a concert.
Last May at Antrim Magistrates Court, lorry owner Ivor Reilly, of Cappry, Ballybofey, pleaded guilty to charges of: using a vehicle in a dangerous condition; using a vehicle which exceeded the maximum permitted weight; having a defective light; and failing to maintain a vehicle.
Driver Mark Ninian Atkinson, of Dromore Lodge, Rockcorry, Co Monaghan, pleaded guilty to using a vehicle in a dangerous condition, using a vehicle which exceeded the maximum permitted weight and having a defective light.
The tanker lorry, carrying fish guts, was going towards Belfast on the A6 when, at around 11pm, a wheel-bearing failure caused a wheel and brake drum assembly of an axle to separate from the tanker.
Ms McDevitt was the passenger in a Hyundai Tucson, being driven by her partner. Her son and the family dog were in the rear of the car with Ms McDevitt having attended a concert with her son earlier in the night.
The wheel struck the Tucson, causing its roof to collapse and resulting in a fatal injury to Ms McDevitt.
A defence barrister said there was “no direct blame” on the wheel coming off to the defendants and District Judge Nigel Broderick said the case was “tragic”.
Judge Broderick said he had to bear in mind that the charges “did not provide any causal link to her very sad demise” and he fined Reilly £3,500 with Atkinson fined £1,700.
The family of the late Ms McDevitt now hope that an inquest at the Coroner’s Court will take place.
Tags: