(File Picture: Mr Jerry Beades. Photo: Collins)
Retired businessman and former New Land League spokesman Jerry Beades, who failed in an appeal against his conviction for driving a vehicle without a roadworthiness certificate, has highlighted an “unfairness of the system”, which does not allow those with an expired cert to drive to a centre for the purposes of a test.
Although Mr Beades (67) failed in a bid to overturn his conviction at the District Court Appeals Court, he did see his fine reduced to just €10.
Mr Beades, with a previous address at Richmond Avenue, Dublin 3, was convicted in the District Court of using a CVR vehicle without a certificate of roadworthiness on the Clonshaugh Road, Dublin 17, contrary to section 6 (2) Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012.
He was also convicted of failing to produce the certificate and was fined €200.
Detective Garda Philip Earl told the appeal court that on June 24, 2024 he stopped a vehicle driven by Mr Beades.
He said that the certificate of roadworthiness had expired in the previous year and that he had produced a failure sheet. He said that the vehicle was seized and that no certificate of roadworthiness was produced by the defendant.
Mr Beades, who represented himself in court, said that there was another matter for which he was “falsely arrested”, which was dismissed in the District Court.
He said the “false information” that was put on the garda pulse system “led to a series of problems” for him.
The detective garda said that the vehicle’s certificate had expired seven months prior to the stop.
Det Garda Earl said that he had no discretion when it came to a failed vehicle and it would have been a dereliction of duty to allow Mr Beades to continue to drive.
Mr Beades told the court that the vehicle, which was owned by a company, was on the way to a garage as it was booked for the Commercial Vehicle Roadworthiness Test the following day.
He said that there had been a series of issues with the vehicle, including the service brake, which he had rectified. He said that he had spent a large sum of money on the vehicle.
Mr Beades said that a reason he was appealing the case was because of the “unfairness of the system”.
He said that people are exempt from needing an NCT when driving to the test centre, but that this does not apply to the CVR test.
Mr Beades said he disputed the garda’s evidence that it would have been a “dereliction of duty” to allow him continue to drive and said that the officer could have let him go to the test centre.
He also disputed the garda’s evidence that the cert was out of date for seven months and said that the vehicle was first tested on April 12.
Mr Beades said that the legislation was flawed and that he should have been allowed to go to the test centre. He said that there should have been discretion from the garda.
He handed up a certificate to the judge, which stated that the vehicle had now passed the test.
Counsel for the prosecution said that he did not believe there was an exemption available to Mr Beades and that there were sufficient grounds to convict him.
Judge Fiona O’Sullivan said that she had listened to the evidence and that she was not there to hear a challenge to the legislation. She said that she can only apply the law as it stands.
She said she was satisfied that the certificate had expired and that Mr Beades was not in possession of a valid certificate. She said that she was compelled to affirm the order of the District Court.
Judge O’Sullivan said she appreciated that Mr Beades took steps and obtained the certificate and accepted that he spent money on adjustments.
The judge decided to affirm the order of the District Court but varied the fine, reducing it to €10.