A 54-year-old Newtownbutler man has been fined £250 and has had four penalty points endorsed on his licence following a recent sitting of Fermanagh Magistrates Court.
Resident Magistrate Liam McNally heard how at approximately 5.20pm on 17th March this year, police were called to a road traffic collision at the junction at the Moorlough and Kidds Road, Newtownbutler.
The driver of a tractor had indicated to go right and was in the process of turning when the defendant, Patrick McAdam, from Gortnacarrow, struck. The tractor driver was uninjured. The defendant admitted to overtaking the tractor and the two vehicles behind it and told police officers that he was unable to avoid the collision. He sustained a fractured sternum as a result while his daughter, who was a passenger, sustained a fractured finger.
Defending, McAdam's solicitor told the court that on the day in question the defendant was driving his vehicle, and his daughter was a front seat passenger. They were travelling in the direction of Newtownbutler on Prunty's Straight.
OVERTAKE
His client, he went on, observed two cars in front of him and a tractor in front again. Neither car was signalling a manoeuvre, so he decided to overtake all three. When his car approached the tractor, it had a right indicator on and was turning in and, so the collision occurred.
The solicitor said that McAdam had fractured his sternum and his daughter her finger as a result. His car was extensively damaged. Her client, she said, accepted the careless driving charge but he would submit that he was distracted by the tractor's flashing light and didn't see it indicating.
The Court was told that McAdam was a 54-year-old married man who had a full licence for 15 years. He had no previous convictions, and was extremely sorry for the trouble he had caused.
Mr McNally said the case was a typical example of traffic behind a slow moving tractor. The two vehicles in front noticed what the tractor was doing and so hadn't moved out. He referred to one witness who had advised drivers to be careful not to overtake the vehicles.
However, he would take McAdam's early plea and clear record into account. For the offence, he imposed a £250 and four penalty points.