A BORDERTOWN truck driver who attempted to overtake another truck on the Augusta Highway, causing an oncoming car to swerve onto the shoulder of the road, has lost his licence for 15 months and been fined $1000.
Jason Leigh Bartlett, 45, appeared in the Mount Gambier Magistrates Court last week to be sentenced for dangerous driving and overtaking a vehicle when it was not safe to do so.
The prosecution said Bartlett was driving a truck on the Augusta Highway, which has a speed limit of 100kph, at around 8.30am on June 6 when he attempted to overtake another vehicle.
When the defendant’s truck was halfway past the other truck, he noticed a vehicle approaching in the opposite direction.
The oncoming vehicle was forced to move his car off the road at high speed to avoid a head-on collision.
Defence counsel for Bartlett said the defendant did not see the oncoming vehicle when he chose to overtake.
She claimed her client used the radio to try and ask the truck in front if there was any oncoming traffic and did not receive a response.
Bartlett then pulled out and did not see any oncoming vehicles so conducted an overtaking manoeuvre.
He suggested the oncoming vehicle must have blurred into the background.
Magistrate Teresa Anderson said that was speculative and it was unlikely he would not have been able to see the car.
“If it was not for the actions of the man driving the other vehicle in getting his car off the road, it would have been a disaster,” Magistrate Anderson said.
“You were driving a lethal weapon and forced the evasive action of another driver.”
The court heard Bartlett lost his job with the trucking company following the incident, despite being a truck driver for a number of years.
The truck was branded with Garden Grove, a garden supplies business based in the northeastern suburbs of Adelaide.
Dash cam footage posted on Facebook by the other driver attracted 92,000 views and made headlines earlier this year, which forced the company to take action.
Garden Grove released a statement the day after the footage emerged, apologising to the public.
“We understand the dangerous potential of this situation and are extremely grateful for the actions of the other driver to ensure no one was hurt,” the statement said.
“We assure you of our commitment to safety and that appropriate action is being taken.
“We apologise to the community over the bad experience with one of our vehicles.”
Magistrate Anderson said she had considered imprisonment for the offending, however decided a substantial fine and licence disqualification was appropriate.
Bartlett was convicted of dangerous driving, fined $1000 and disqualified from driving for 15 months.
He will also be required to pay court costs.
