Contractor's appeal upheld in case over incorrect insurance based on driver licence issue
Farm Contractors Ireland has welcomed the outcome of a court case involving an FCI member, who was convicted of having no insurance as the prosecuting Garda claimed that he had the incorrect driver’s licence and was claimed to be therefore not correctly insured.
The case was appealed successfully in the Court of Criminal Appeal yesterday.
After a lengthy hearing with an FCI supported legal team, headed by barrister David Staunton and solicitor James Staines, sitting before Judge Cormac Cahill, the judge said that he would allow the appeal.
This meant that the original conviction for having no insurance based on the Road Traffic Corp Garda assertion that the FCI member had the incorrect driver’s licence, a W licence when the Garda claimed that a E+C licence was required when a tractor was being used for non-agricultural activities, was fully and successfully appealed.
FCI noted that FBD Insurance during the case confirmed that the W Licence was valid for insurance purposes.
In the RSA Summary of requirements for each licence category, it states on Page 40 that a C licence covers “Vehicles (other than work vehicles or land tractors) having a MAM* Exceeding 3,500kg, designed and constructed for the carriage of no more than eight passengers in addition to the driver and where the MAM of the trailer is not greater than 750 kg.”
FCI believes that this clearly indicates that tractors that are used for non-agricultural purposes can be classified as works vehicles (W licence) where not used for purposes of hire and reward and where they are used either as works vehicles or for the purposes of carriage of own goods, such as owned works machines or farm machines between sites of work.
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