£800 fine after driver attempts four-car overtake at lay-by

An 82-year-old man has been found guilty of careless driving after crashing into another car while attempting to overtake four vehicles.

Ian Cleaver, of Dunoin, Dalmally, denied the charge, however, Sheriff Patrick Hughes found him guilty after a trial in Oban Sheriff Court last week.

The former hotel and tour operator owner was fined £800 and his licence was endorsed with five penalty points.

The incident occurred on the A85 near the Cruachan Power Station on April 12 last year.

The court heard that a visitor to the area was looking for a place to park before climbing Ben Cruachan and as he attempted to turn right into the second entrance of the lay-by, his car was struck by Cleaver’s.

The court heard from witnesses that the victim had slowed down, indicated, and started to turn before the impact.

Procurator fiscal, David Glancy, said that Cleaver should have been more alive to the deceleration of the vehicles.

Mr Glancy said the driving fell below the standard that would be expected to be competent because the vehicles were slowing down and that Cleaver attempted to overtake four vehicles in close proximity to a lay-by.

‘These are factors that should have been considered,’ he added.

In Cleaver’s defence, his solicitor said that his client had been driving the road since its construction and had never witnessed another vehicle make the right-hand turn into the second entrance.

On top of this, he said there was no evidence of excessive speed, no oncoming traffic, with a clear view of the road ahead.

He stated that Cleaver had started his manoeuvre before the victim had, adding: ‘The person who moved first has right of way.’

He also highlighted that there was nothing to prohibit an overtaking manoeuvre on that stretch on road.

‘I would submit on the basis of the signs that the lay-by is intended for traffic using the east bound lane.’

Sheriff Patrick Hughes said that the accused was aware that the manoeuvre was being conducted adjacent to a lay-by.

He said: ‘The accused has never witnessed anyone use the west bound entrance from that side of the road, but the accused can also be aware that this area attracts many visitors who are likely to stop and are not always mindful of best practice. I am satisfied beyond reasonable doubt that a competent and careful driver would not have attempted a four-car overtake on this layby,’ and found Cleaver guilty of careless driving.

He added: ‘It gives the court no pleasure to see you brought to a criminal court for the first time in your life.’