A travelling salesman has been told he was lucky to avoid ploughing his Tesla into a family-of-four during a dodgy overtaking manoeuvre on a busy Kinross-shire road.
Colin Henderson said he made a “misjudgement” when he tried to pass a HGV on the A977 in December 2022.
The 62-year-old went into the path of an oncoming car.
Both drivers had to swerve to avoid a head-on smash, with Henderson careering off the carriageway and into a tree.
Originally charged with dangerous driving, field sales executive Henderson appeared at Perth Sheriff Court and admitted a reduced charge of driving carelessly.
Sheriff Grant McCulloch questioned why Henderson was not able to complete the overtaking in his white Tesla, which has a top speed of 145mph.
Brakes weren’t an option
The charge states on December 3 2022, Henderson drove at unsuitable speeds for road conditions and overtook when it was unsafe, causing others to take evasive action.
Prosecutor Stephanie Paterson said at the time, traffic was moderate and roads were wet.
The family-of-four were returning home from Falkirk and reached the straight section, between Blairingone and Powmill, at about 6pm.
“They were travelling at about 55 to 60 mph,” she said.
“The male driver looked ahead and saw a vehicle overtaking an HGV coming towards his vehicle.
“He suddenly applied the brakes and shouted to his wife in the back seat.
“His wife looked up and also saw the car coming towards them.”
Ms Paterson said: “The driver managed to pass between the HGV and the accused’s car to avoid a collision.
“Mr Henderson’s Tesla veered to the right, off the road and collided with some trees.”
The family pulled over at a safe spot and the father ran back to check on the Tesla driver.
“The accused apologised profusely to him,” the fiscal depute said.
“He said he had misinterpreted something the HGV had done, which led him to overtake.
“Details were exchanged and police were contacted by both parties.”
Wrong signals?
When interviewed a few days later, Henderson, of Main Street, Crook of Devon, told officers: “I don’t accept that it was dangerous driving.
“If anything it was a slight misjudgement.”
He said: “I misinterpreted what the lorry driver was doing and that it was safe to go.”
Henderson said the fog lights of the HGV were going “off and on”.
“I said to my passenger, I think he’s signalling for us to go.”
He added: “I didn’t realise the size of the lorry.
“It was larger than I thought.
“I thought to slam on my brakes but instead I went to the grass verge.”
The court heard the car was damaged after colliding with trees at around 15 to 20mph.
Ms Paterson said: “The lorry driver said he was testing his brakes because he thought the road was icy.”
Surprisingly fast
Lawyer Joseph McPherson, defending, said his client had been heading out for the evening.
“It seems that he was previously behind the lorry for some time.
“He began to overtake and was doing about 40mph.
“When a car came round the corner, he found himself in a difficulty.
“Braking wasn’t an option, so he swerved onto the verge to allow the car to pass him.”
Mr McPherson said: “As Mr Henderson is in field sales, his job is entirely dependent on driving.
“He has done 35,000 miles since this happened.
“It was very much an isolated incident.”
Sheriff McCulloch told Henderson: “The only time I have sat in the front of a Tesla, it moved surprisingly quickly.
“So why you didn’t manage to get past the lorry is beyond me.”
He said: “It is fortunate for this gentleman and his family that a collision did not occur.”
Henderson avoided a driving ban but was handed five penalty points and fined £450.
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