Malin Head fisherman who drove ‘seriously dangerous’ car banned and fined €800

A Malin Head fisherman who drove a dangerously defective and uninsured car, placing other road users at significant risk, has been banned from driving for two years and fined a total of €800 at Buncrana District Court.

Aaron McDaid, of Carnmalin, Malin Head, appeared before the court facing multiple charges, including two counts of having a defective vehicle under Section 54 of the Road Traffic Act, as well as driving without insurance and failing to produce insurance.

The court heard that the brakes on the 31-year-old’s vehicle were so clearly defective that he must have realised, while Judge Emile Daly described his actions as “seriously dangerous”.

Sergeant Conor Mulkerns outlined the facts of the case, telling the court that on Friday, July 4, 2025, at approximately 2.50pm, Garda Flanagan was on mobile patrol in the Ludden area of Buncrana when he observed a blue Volkswagen Golf being driven on the road.

Checks carried out on the Garda mobility device revealed that there was no insurance or motor tax recorded for the vehicle, which was registered to Mr McDaid.

Garda Flanagan subsequently stopped the car and spoke to the defendant before seizing the vehicle under Section 41 of the Road Traffic Act due to the lack of insurance and tax. The issue of motor tax was later dealt with by way of a fixed charge penalty notice.

However, the court heard that the condition of the vehicle gave rise to far more serious concerns.

While Garda Flanagan was driving the seized car back to Buncrana Garda Station, he attempted to brake, but his foot went straight to the floor, indicating a serious fault with the braking system.

A visual inspection of the vehicle at the station revealed that the passenger-side rear brake pad was completely missing, while a subsequent examination by a Garda PSV inspector uncovered a number of additional defects.

These included the complete absence of service brakes, an empty brake fluid reservoir, and an illuminated red brake warning light on the dashboard.

The inspection also found that the friction material and backing plate on the left rear brake pad had entirely disintegrated. The left rear brake was deemed excessively worn, while the right front tyre was found to be below the legal tread depth.

The court was told that, in the opinion of the PSV inspector, the defects were such that they would have been obvious to anyone driving the vehicle. The overall conclusion was that the car was in a “dangerously defective condition”.

Sergeant Mulkerns further informed the court that Mr McDaid had one previous conviction, dating back to 2018, for driving without insurance, for which he had been fined €250.

Defence solicitor Frank Dorrian presented mitigating circumstances on behalf of his client, describing him as a father of two children, with another child on the way. He explained that Mr McDaid works as a part-time fisherman and relies on his vehicle primarily to travel to and from the harbour.

Mr Dorrian told the court that the condition of the vehicle, as well as the lack of insurance, stemmed from his client’s financial difficulties at the time. He said Mr McDaid had been “financially on his knees” and accepted that the situation should never have arisen, but maintained that it was a case of “needs must”.

He acknowledged that the vehicle should not have been on the road in such a condition and said his client deeply regretted his actions. While there had been no accident, Mr McDaid fully accepted that he should not have driven without insurance or with a defective vehicle.

Judge Emile Daly questioned why Mr McDaid had been travelling to Buncrana, given that he lived and worked out of Malin Head, describing it as a longer journey than might be expected in the circumstances. Mr Dorrian accepted this point.

The court also heard that Mr McDaid’s income from fishing is modest, with Mr Dorrian stating that his client’s earnings are effectively below the minimum wage. He acknowledged that a driving disqualification was inevitable given that this was a second conviction for driving without insurance.

In delivering her decision, Judge Daly was critical of the defendant’s actions, particularly in light of the dangerous condition of the vehicle. She remarked that if a person cannot afford to repair a car, then they should not be driving it in the first place.

The judge emphasised the risk posed to the public, noting that the incident occurred in the middle of the afternoon on a busy Friday.

“This was at three o’clock on a Friday afternoon, and he wasn’t doing a short distance. There are children on the roads and the brakes are not working. That’s a seriously dangerous thing to do,” she said.

For the no insurance offence under Section 56, Judge Daly imposed a two-year disqualification from driving along with a fine of €300. She also took into consideration the charge of failing to produce insurance under Section 69.

In relation to the defective vehicle charges under Section 54, the judge imposed a further fine of €500, bringing the total penalty to €800. Mr McDaid was given six months to pay the fines.

Legal aid was granted to Mr Dorrian’s office in respect of the case.