€ 1 million fine is backed up by the Court of Appeal against a transport company after an accident which caused two fatalities.
The Court of Appeal has delivered judgement in a case against Nolan Transport also known as Roadteam Logistics Solutions. They have appealed against a fine of €1M imposed on the company by the Circuit Court.
The fine comes following an accident where a load was insufficient secured which caused the death of two car drivers.
The company arguments were the fact that this particular accident was their first ever heath and safety conviction, they pleaded guilty, it was a single offence and mens rea was one of reasonable care. The company counsel argued that the fine was imposed in H & S prosecutions where there was a history of offences.
The Court of Appeal has rejected the counsel’s submission stating that the responsibility for the security of the strapping lay with the transport company, both as the owner of the vehicle and the employer of the driver thus enforcing the €1m fine.