Unlicensed taxi driver convicted

A KENMARE pensioner who hasn’t held a taxi licence in a decade but continues to operate “with impunity” and even advertise his business around the south Kerry tourist town has been warned he risks being put off the road and banned from driving altogether .

Officers from the National Transport Authority (NTA) had carried out a sting operation on 74-year-old Peter O’Sullivan of Dromneavane, Kenmare in 2014, after complaints from “within the industry” a previous court was told.

He had been convicted under the Taxi Regulations Act for the offence of picking up passengers without a taxi or public service vehicle licence in September 2015 and fined, the court on Friday recalled.

Mr O’Sullivan asked the court for leniency to allow him sit taxi regulation exams as the pass rate was very high, saying he would suspend his business.

However, he came to attention again and was summonsed before the January 2017 court by the NTA for a similar offence, this time dating to June 21, 2016 at The Park Hotel, Kenmare.

That matter had been put back for review to this month’s court in Kenmare on Friday and Mr O’Sullivan undertook not to come to the court’s attention in the meantime.

However, officers were again called to Kenmare on foot of continuous complaints from other licensed operators.

In late August 2017 they observed him operating “with impunity” around Kenmare, and issued a summons in relation to operating a taxi this time in relation to The Kenmare Bay Hotel.

Authorised officer Peter Quinn told the court Mr O’Sullivan was picking up passengers in Kenmare and dropping them off.

“He hasn’t stopped operating. He collects people and drops them off but I haven’t seen exchanges of money.”

There had been “numerous complaints” to the NTA by licensed operators in the region who were themselves compliant with the taxi licensing regulations, Mr Quinn said.

Mr O’Sullivan even had branding for his business included on the side of the vehicle, the NTA officer said.

And on August 31 last, Mr Quinn went into a licensed premises, an off-licence, and saw business cards advertising Mr O’Sullivan’s taxi business and in the vehicle.

Cross-examined by Padraig O’Connell solicitor, Mr Quinn said no other prosecutions were pending.

Addressing the court , Mr O’Connell said his client, a pensioner on €120 a week, had worked all his life “and he now finds himself in court for working.”

However, Judge David Waters told the solicitor his client was not a victim. Mr O’Sullivan was not in court because he was working but because he took a shortcut in relation to taxi regulations when all other taxi driver had put their hands in their pockets and paid their licences and fees.

“He thumbed his nose at the court!” Judge Waters added.

Mr O’ Connell said his client had been studying “assiduously”. Perhaps had he been a younger man with “a more agile brain” his efforts to bring his percentage grades up might have paid off by now, Mr O’Connell said.

“There is a lot of ticking boxes and such,” the solicitor explained.

Judge Waters said unlicensed taxi operators was an issue in Dublin and “right across the country”. He was convicting Mr O’Sullivan of the two taxi regulation issues and was taking other matters into account and Judge Waters fined him a total of €700.

Judge Waters said another strike would see a lengthy disqualification from driving completely.