Tyre must have grown new rubber overnight
By Ronan Judge
A Garda sergeant told a court it seemed "a lot of rubber grew overnight" after a driver said “there was absolutely nothing wrong" with the tread depth of his tyre when he had it professionally checked the following day.
Richard Doran (63), with an address at Garruragh, Tulla, Co Clare, denied a summons of using a mechanically propelled vehicle when the front left tyre was not maintained in such a condition as to be fit for use, contrary to Section 11 of the Road Traffic Act.
A garda told Ballinasloe District Court he was operating a checkpoint at Bovinion, Mountbellew on March 26, 2025, as part of a Garda National Day of Action on tyre safety.
The court heard he stopped and checked Mr Doran's vehicle and it is alleged the tyre tread depth was 0.02mm. The legal minimum tread depth is 1.6mm.
A fixed charge penalty notice was issued and went unpaid, the court heard.
Mr Doran told the court he had the tyre checked at a "well known tyre place in Ennis" the following day and there was nothing wrong.
He also handed to the gardai and the court a letter from the tyre business.
After reading the letter, Sergeant Christy Browne said, "It seems a lot of rubber grew overnight".
Mr Doran, who represented himself during the hearing, told the court a number of times "there was absolutely nothing wrong with the tyre".
He said he asked the Garda to check the tyre twice and did not see him conduct the first test but did see the second.
Sgt Browne put it to Mr Doran that the guard who checked the tyre is a trained operator and could be considered an "expert".
Mr Doran said "mistakes can be made" and "we all make mistakes".
"I'm saying there was nothing wrong with tyre...If there was, I'd say guilty", he added.
Judge James Faughnan told Mr Doran the "only mistake" was that he did not bring evidence to court to rebut the State's case.
The judge said there was a possibility the tyre could have been changed overnight but stressed the court was not suggesting this is not what had occurred.
"I would not do that", Mr Doran replied.
Judge Faughnan said he was willing to adjourn the case to give the defendant an opportunity to bring witnesses to court.
He added the key issue in the case was "continuity of evidence" and, after being told the defendant had no previous convictions, suggested a way in which the case could be simply resolved.
He told Mr Doran that if €100 was paid to the Irish Road Victims Foundation, the charge would be struck out.
Mr Doran said he would make the €100 contribution.
Funded by Courts Reporting Scheme