03 March 2005 | Camera Brought Dangerous Driver to Justice
A VAN driver who was filmed by a mobile safety camera illegally overtaking a line of vehicles on the brow of a hill has been banned from the roads for 12 months.
Harry Rutter almost caused a head-on collision after crossing a single solid white line and overtaking two cars and a lorry on the A57 in Ladybower, on March 9, 2004.
The 50-year-old was found guilty of dangerous driving last October, but his driving ban was suspended after he announced that he would appeal against the conviction.
But Rutter’s appeal was overturned on Friday (February 26, 2005) at Derby Crown Court when Recorder Anthony Hughes said his driving had “fallen far below the standard expected from a careful and competent driver.”
The court heard the entire manoeuvre was captured on film by PC Nigel Brockett, from Derbyshire Safety Partnership, who was monitoring vehicle speed in a mobile safety camera vehicle.
The film, which was played in court, showed Rutter pulling in front of the line of vehicles and returning to the correct side of the road just seconds before an oncoming BMW emerged over the hill.
Rutter, an appliance repairer, who was driving a company van, told the court he had not intended to overtake so many vehicles.
He said: “The vehicles I was overtaking suddenly moved closer together and filled up a gap giving me no choice but to keep going. I got to the point of no return - I got it wrong, I misjudged it.”
David Fish, defending Rutter, said he had been driving for more than 30 years and had almost clocked up 1,000,000 miles while working for his company.
He urged the court to convict Rutter of careless driving rather than dangerous driving, claiming that he had only crossed the white line for a few seconds and that he had attempted to pull in sooner.
Passing sentence, Recorder Hughes told Rutter: “Your driving fell far below that that would be expected of a careful and competent driver and you know that what you did was dangerous.”
Rutter, a father-of-one, of The Hays, Reddish Vale, Stockport, was disqualified from driving for 12 months, was fined £200 and ordered to pay £317 in costs.
After the case, PC Brockett from Derbyshire Safety Camera Partnership, said: “We are pleased with the outcome of the court proceedings.
“People think that we are only on the lookout for speeding motorists but this proves that this is not the case.
“We call our cameras ‘safety cameras’ and that’s exactly what they are — tools that help to make our roads a safer place.”
http://www.slowitdown.co.uk/news.asp?p=2&id=69
The driver overtaking was done
the vehicles he was overtaking adjusted their position keeping him out … (like the HGV in the original post) instead of backing off he kept going and got nicked
The fact that the vehicles he was overtaking had put him in an awkward situation was no defence… he shouldnt Legally have overtaken unless he was SURE it was safe to do so…
Not saying I agree with the law as it stands… just relaying the facts
If you make an overtaking manouvere and it goes wrong, it is you that gets done