Truck used M50 895 times without paying; 16 motorists fined for dodging tolls

The penalties ranging from €4,000 to €21,000 were handed down by Judge John Brennan at Dublin District Court.

One goods vehicle used the motorway 895 times without paying, the court heard. Another motorist was landed with €4,000 in fines for journeys he claimed were done when his brother was using his car.

All except one of the prosecutions featured five sample counts. They all showed the passage of the vehicles, mostly private cars, on the barrier-free motorway on dates in December 2017 and January this year, as well as proof of vehicle ownership at the time.

On top of the fines, which added up to €174,000, each vehicle owner was ordered to pay €150 per charge in prosecution costs.

Some 20 cases were adjourned to allow those motorists engage with the NRA and three other car owners had prosecutions withdrawn or struck out having resolved their cases.

Prosecution counsel Thomas Rice BL (instructed by Pierse Fitzgibbon Solicitors) said the NRA witness who presented the evidence had certificates of ownership as well as clear downloaded images of the vehicles passing the gantry on the M50.

The court can impose fines of up to €5,000 per charge.

Only one of the 16 motorists whose case was finalised was present. The other 15 did not appear in court today which Judge Brennan described as an aggravating factor.

Father-of-three Casian Bot, 27, with an address at Belgree Rise, Tyrellstown, Dublin, was not contesting the charge, said defence solicitor Daniel Hanahoe. Bot was the only defendant to be present for their hearing: he was handed fines totalling €4,000.

Judge John Brennan was told he had been the registered owner of the car from June last year until January 2018. His car had a history of 240 passages on the M50 and no payments.

Mr Hanahoe said his client was originally from Romania and has been here since 2007. He was unemployed and it had been his brother who had been using the car. The court his brother is now living in Germany and was unable to pay.

Hanahoe said it was accepted his client was the registered owner of the car and he bore responsibility.

Con Sheerin, with an address at Ballinagappa Road, Clane, Co Kildare was fined €12,000 for not paying for five trips by his vehicle on the M50 in January. Judge Brennan was told the vehicle had a history of 201 passages and no payment or contact with the NRA.

David Lincurra with an address at Malyargha Walk, Balbriggan, Co Dublin, was prosecuted for five unpaid trips on the motorway in January. He became the owner of a car in October, 2017 and since then it had a history of 220 passages on the M50 and no payments. He was fined €13,000.

Kathleen Lawrence from Fort Lawn Drive, Blanchardstown, Dublin fined €10,000 after her car travelled on the motorway five times in January. However, Judge Brennan was told she had a history of 154 passages and no payments.

Goods vehicle owner Michael Maloney with an address at Dunmurrary View, Dunmurray Close, Kildare Town, Co Kildare received fines totalling €21,000 on his five sample charges relating to journeys in December 2017.

Since 2012, he has been the registered owner of a Class Nine vehicle which would have to pay a toll of €5.30 per trip. Judge Brennan noted his goods vehicle had a history of 896 passages on the road with just one toll payment, in 2013. His was the highest fine imposed today.

Florin Lican from The Courtyard, Clonsilla Road, Blanchardstown, Dublin, received fines totalling €10,000 after his car did five unpaid trips on the toll road in January. Judge Brennan was told that this motorist had a history of 203 passages and no payments.

Lee McDonnell with an address at Moatview Avenue, Priorswood, Coolock, Dublin, was fined €9,000 for five unpaid M50 journeys in January. The court heard he had a history of 217 passages and no payment.

Judge Brennan fined Patrick Mongan from Haydens Lane Place, Lucan, Co Dublin, €9,000 on his five sample charges for unpaid trips in December 2017 and January 2018. The NRA witness said he had a history of 147 journeys on the motorway and one payment, in February this year.

Joseph Stokes, whose address was given as a room number at the Regency Hotel, Swords Road, Dublin, was fined €17,000 for five unpaid trips by his car in January. Judge Brennan heard there had been a total of 394 passages on the motorway by his car and no payments received.

Edward Stoke from St Margaret’s Park, Ballymun, Dublin was fined €10,000 for his car’s five unpaid journeys in January. The court was told he had a record of 159 passages and no payment.

Arthur Connors from Coolaghknock Avenue, Kildare Plains, Kildare, received fines totalling €9,000. His summons had five counts of non-payment of the €5.30 toll for his goods vehicle on five occasions in December last year. He had a history of 118 unpaid trips on the motorway, the court was told.

Cian Carr from Errigal Road, Drimnagh, Dublin was fined €10,000 for five journeys in January by a private vehicle registered to him. The judge noted he had a history of 166 journeys and six payments, the last was in August 2017.

Kieran Finnegan with an address at Buirg an Ri Terrace, Lucan, Dublin, was fined €11,000 for his car’s five unpaid M50 trips in January. He had a history of 208 passages and no payments, the court was told.

Deirdre Brady, from The Park, St Walston Abbey, Celbridge received fines totalling €9,000 for five journeys by her car in January. The court heard that she has a history of 228 passages and 37 payments, the most recent in March this year.

Sam Shortall from Kilbarron Avenue, Coolock received fines totalling €11,000 for his five counts of unpaid tolls in January. He had a history of 202 passages on the motorway and no payments.

Derek O’Dwyer, who had come to earlier hearings but was not present today had already paid €500. He had one count withdrawn and the NRA proceeded with four others for journeys on the M50 in December. The court heard he had a history of 176 passages and 16 payments. He was fined €9,000.

The judge directed that the money would have to be paid to the NRA via the Courts Service.

The standard M50 toll for an unregistered private car is €3.10 and must be paid before 8pm the following day or else there is a €3.00 penalty for having missed the deadline.

Motorists have 14 days from the date of issue to pay for the journey and the initial penalty, otherwise a further penalty of €41 is applied.

After a further 56 days there is an additional penalty charge of €103 and if it remains unpaid legal proceedings follow with the possibility of a court fine of up to €5,000 as well as a jail term of six-months, or both, per offence.

The registered owner of a vehicle is responsible even if they were not driving the vehicle.