The Court of Appeal has upheld a €1 million fine imposed on a Wexford haulage company after six steel coils came off one of its trailers near Thomastown, Co Kilkenny, killing two motorists and injuring four other people.
Roadteam Logistic Solutions, formerly Nolan Transport (Oaklands) Limited, had pleaded guilty at Wexford Circuit Court in December 2012 to failing to conduct its undertaking so that people at work were not exposed to risks to their safety, health or welfare.
The crash occurred in July 2007. The company's articulated lorry had collected six steel coils weighing 25 tonnes in Wales, travelled through Rosslare Harbour and spent the night at its Wexford transport yard before continuing towards Athy.
As the vehicle approached a bend near Thomastown, the trailer leaned, securing straps began to break and the coils slid from the trailer. Mary Lonergan and Vanessa McGarry, who were travelling in vehicles coming the other way, were killed. Four others were injured.
Expert evidence found the webbing restraints and load strength to be grossly inadequate, some frayed straps had been knotted contrary to good practice, the cradles offered no resistance to sideways movement and the straps lacked markings showing their capacity.
The company argued that the €1 million fine was excessive because it was its first health and safety conviction, it had pleaded guilty, the case arose from one incident and significant improvements had since been made.
The Court of Appeal rejected that argument. It held that securing heavy loads was a core part of the company's business and that responsibility rested firmly with the company as owner of the vehicle and employer of the driver.
The court found that the sentencing judge was entitled to describe the failures as a gross dereliction of statutory duty. It also noted that the fine had been structured for payment over three years to reduce the impact on innocent employees.
The appeal was dismissed and the €1 million fine remained in place.