Limerick student caught e-scooting on busy road avoids conviction

A JUDGE has dismissed a no-insurance prosecution against an e-scooter owner after being told it is impossible for the third-level student to get insurance for his e-scooter.

At Ennis District Court this Wednesday, Judge Mary Cashin dismissed the case against UL student, Mezis Emenikeonu (27) of The Courtyard Student Village, Castletroy, Limerick.

Judge Cashin said that it was not safe to convict e-scooter drivers for driving without insurance as the government is currently bringing in legislation to address the issues around e-scooter use.

Garda Ken Butler gave evidence of operating a speed check on the N18 on July 29, last year when he clocked Mr Emenikeonu’s e-scooter travelling at a speed of 20km/h on the hard-shoulder at Clonmoney, near Shannon.

A third level student at the University of Limerick (UL) at the time, Mr Emenikeonu was making his way to work at the local Supermac’s in Shannon.

Garda Butler told Mr Emenikeonu to stop and after Mr Emenikeonu was unable to provide evidence of insurance or a licence, he seized the e-scooter.

Solicitor Billy Loughnane said that he had no argument with Garda Butler over the facts of the case.

However, he told Judge Cashin that it would be unfair to convict his client.

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Mr Loughnane told the court that “it was impossible for Mr Emenikeonu to obtain insurance for the e-scooter and is still impossible for him to get insurance”. 

The solicitor said it was in the programme for Government that road traffic legislation would be introduced for e-scooters.

He said: “The Government’s 2023 legislation on e-scooters hasn’t come into effect as secondary legislation is required and is to follow and it seems that won’t be ready until the end of year or early next year.”

Mr Loughnane said that it cost Mr Emenikeonu €150 to retrieve his e-scooter from the Gardai but that he hasn’t used it since.

He added that his client usually got to Shannon from Limerick by bus and e-scooted from the Shannon bus-stop to Supermacs.

Mr Loughnane said on July 29 last, Mr Emenikeonu got off the packed bus one stop early to make way for a wheelchair user and that is how Mr Emenikeonu found himself e-scooting on the hard-shoulder leading into Shannon.

He said that the e-scooters have not been insurable before by insurance companies as they were not classified but they are now classified as powered personal transporters. 

Judge Cashin stated that she was dismissing both the no insurance and no driving licence summons against Mr Emenikeonu.