The defendant was delivering pizza when he was stopped
A MOTORIST who was delivering pizzas in his own car in Limerick avoided a driving ban after he was convicted of driving without insurance.
Robert Hannon, aged 29, of Grianan, Westbury, was prosecuted before Limerick District Court in relation to a detection at Locke Quay, in the city at around 11.30pm on March 16, 2017.
Garda Geoffrey Kenny of the divisional roads policing unit said he stopped the defendant after he observed him holding a mobile phone while driving.
Mr Hannon told him he was delivering pizza for Four Star Pizza and was “looking for an address” when he was stopped.
Garda Kenny told Judge Marian O’Leary the defendant was insured and had a full driving licence.
However, the policy specifically excluded the use of the car for the “carriage of goods in connection with any trade”.
Mr Hannon, he said, expressed surprise on the night and informed him that he believed he was insured under the company’s policy.
Solicitor Tom Kiely said his client had been informed, in 2014, by Four Star Pizza that he could use his own vehicle and would be covered under the terms of its policy.
He said Mr Hannon, who was paid an hourly rate and “per delivery” was given a letter and details of an insurance policy which indemnified employees driving their own vehicles.
Mr Kiely said while the company’s policy “ceased to exist” some time afterwards, his client was never informed or told that he was no longer insured.
“He was misled and taken advantage of. He had an honest and reasonable belief that he was insured,” he said adding that Mr Hannnon immediately stopped working for the company following the incident.
Noting the unusual circumstances of the offence and noting that Mr Hannon requires his car and licence to travel to and from work, Judge O’Leary said she would exercise her discretion and would not impose a disqualification.
She imposed a €400 fine, giving the defendant 12 months to pay.
While not a matter for the court, the offence also attracts five penalty points.