An Aberdeen bus driver has had his dangerous driving conviction thrown out by the appeal court.
Charles Henderson was behind the wheel of the First Aberdeen vehicle when it was involved in an incident near Aberdeen Bus Station on January 3.
He was found guilty of dangerous driving following a trial at Aberdeen Sheriff Court.
A van had been parked on double yellow lines outside St Magnus House near the Guild Street facility while making deliveries.
The van driver had put the vehicle’s hazard lights on as it was blocking the inside lane.
Mr Henderson had to move out to pass the van before returning to a nearby bus stop.
To successfully complete the manoeuvre, Mr Henderson had to stop parallel to the van while he waited for other buses to move from the bus stop.
The van driver had to lean against his van to allow the passenger vehicle enough room to pass by.
Evidence from the van driver and CCTV from inside the bus was used in the original trial.
However, the sheriff overseeing those proceedings ruled he was an “unsatisfactory” witness and the camera footage verified what had happened on the day.
The sheriff also accepted there had been “no contact” between the bus and the delivery driver.
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In a written decision from the sheriff appeal court, Sheriff Principal Mhairi Stephen QC, Sheriff Michael O’Grady QC and Sheriff Andrew Cubie said the original sheriff was “not entitled” to rule Mr Henderson’s driving was dangerous.
Their judgement said: “The sheriff was not entitled to find that the appellant’s driving met the test for dangerous driving.
“We are, of course, concerned also to deal with the lesser standard of careless driving.
“For the reasons we have already given, mainly due to the timing issue, we take the view that this was not a situation where a criminal offence was committed at all by the appellant.
“We are not satisfied that the standard of the appellant’s driving in this particular instance meets the lower test for careless driving.
“In these circumstances, clearly the conviction for dangerous driving must be quashed.”
The judgement went on to say there was also “no finding” that there had been an offence of careless driving.
A spokesman for First Bus said: “Mr Henderson is no longer employed by First Aberdeen and has not been since 2018, but we note the ruling of the case with interest.”