Driver fined for using hard shoulder to ‘undertake’ traffic on busy Limerick road

A MOTORIST who admitted ‘undertaking’ traffic on one of the busiest roads in Limerick was €500 after he pleaded guilty to careless driving.

Patrick Flynn, aged 34 of Hillview, Fairhill, Rathkeale was prosecuted under the Road Traffic Act following an incident which occurred on the main N21 road on January 4, 2021.

Inspector Sandra Heelan told Newcastle West Court the incident, which occurred at Castlematrix, Rathkeale at around 9.30pm, was observed by gardai who were on patrol in the area.

She said a silver Volkswagen – being driven by the defendant – was seen undertaking another vehicle by entering the hard shoulder of the main Limerick to Kerry road.

“It was dark, there was a hard frost and the road was not gritted,” she added.

While the defendant was initially charged with dangerous driving, Judge Carol Anne Coolican indicated she was willing to accept a plea to the lesser change of careless driving.

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Solicitor Michael O’Donnell said his client, who was travelling from Newcastle West towards Rathkeale and that the garda patrol car was travelling in the opposite direction.

He said his client had activated his indicator light but that it could not be seen by the gardai on the night,

Mr O’Donnell added that Mr Flynn has performed the undertaking manoeuvre on a “wide stretch of the road”.

He further asked the court to note there was no collision or impact and that the driver of the other vehicle did not have to take any form of evasive action because of his client’s actions.

After recording a conviction, Judge Coolican imposed a €500 fine. A disqualification was not imposed.

While not a matter for the court, the defendant will receive penalty points on his licence as a consequence of his conviction.