A CORONER has found that a driver overtaking on the wrong side of the Bass Highway killed a scooter rider in a head-in collision.
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Coroner Olivia McTaggart released her findings into the death of rider Robert John Payton, 62, on Monday.
Mr Payton died on December 8, 2012 on the Bass Highway, Wiltshire on the North-West Coast.
The retired policeman was riding a motor scooter and died instantly when Clinton Lee Chauvin, who was driving on the wrong side of the road, hit his vehicle head-on.
About 8am on the day, Chauvin, driving a Mitsubishi wagon, decided to overtake an old, slow-moving truck and crossed over onto the wrong side of the road to do so.
Coroner McTaggart said this overtaking manoeuvre at that point was unnecessary.
"A long straight section of road was ahead which would have, if clear, been significantly more suitable for an overtaking manoeuvre," she said.
"Most unfortunately, Mr Chauvin did not see Mr Payton’s scooter until he was in his incorrect lane and did not have any ability to avoid the crash.
"A prudent driver intending to overtake would have paid closer attention to the presence of oncoming vehicles.
"Additionally, Mr Chauvin placed himself in a position too close to the truck to have a proper view and overtook it despite such impaired view.
"The evidence also indicates that Mr Chauvin, when he was travelling further back from the truck had the opportunity to see the scooter on the road ahead but did not do so."
Ms McTaggart said Mr Payton's riding was appropriate at all material times.
"I find that Mr Chauvin contributed to Mr Payton’s cause of death by entering the incorrect lane in which Mr Payton was travelling on his scooter at a time when he had no clear view ahead, and in circumstances of failing to keep a proper lookout for oncoming vehicles," she said.
"The circumstances of Mr Payton’s death are a tragic reminder of the dangers of overtaking another vehicle by travelling in the oncoming lane."
Chauvin was charged with having caused the death of another person by negligent driving and overtaking when unsafe to do so.
He pleaded guilty to these charges on September 16, 2013 in the Burnie Magistrates Court.
Magistrate Don Jones jailed Chauvin for three months, wholly suspended for two years, and disqualified him from driving for eight months.