A Dubbo man has been fined over $2000 for illegally crossing double lines at the Nyngan safety camera site on the Mitchell Highway.
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Guy Scott Brown was convicted of dangerous driving whilst hauling a truck up and down the Mitchell Highway when he worked for a local carrier company last year.
Brown was spotted crossing the double lines and driving in the middle of the road on three separate occasions during October, November and December last year.
An Roads and Maritime Services compliance officer Jennifer Tran travelled to Nyngan to give evidence against Brown at Wednesday’s local court hearing.
She testified on October 10, November 7 and December 9, Brown was spotted by the safety camera breaking road rules.
“The safety camera monitors fatigue and speeding issues for heavy vehicles,” she said.
When Brown took the stand he testified the state of the road forced him to drive in the centre, over the double lines.
“I was driving to avoid potholes,” he said.
“The road is appalling, I could see two kilometres ahead of me and I was driving a 43 tonne prime mover. It doesn’t handle well if we have freight on the mezzanine floor, it makes it heavy and swing around a lot. I saw the rough surface sign and saw nothing was coming so I drove in the centre of the roads to avoid potholes.”
The prosecution moved that Brown did not describe anything that would be described as an obstruction.
“Vehicles driving on the road side of the road [in the same time period] didn’t find it necessary to avoid obstruction on the road,” the prosecutor said.
I do not accept it was necessary or reasonable to drive on the other side of the road.
- Magistrate Phillip Stewart
After the court lunch break, Magistrate Phillip Stewart found Brown guilty.
“I don’t accept there was a rough surface. There was no speed restrictions or any other cautionary signs indicating such,” he said.
“I do not accept it was necessary or reasonable to drive on the other side of the road. The defendant has grossly over exaggerated evidence to create a defence.”
Brown was fined $2200.