A school bus driver was convicted of making a lane change not in safety contrary to section 142(1) of the Highway Traffic Act after striking a vehicle while pulling away from a bus stop.
The driver appealed on three grounds: that the trial judge erred in finding him partially credible, that the burden of proof was not properly applied, and that the defence of due diligence was not considered.
The appeal was dismissed.
The court held that credibility assessments are not all-or-nothing propositions, the trial judge properly applied the WD test, and the factual findings did not support a due diligence defence.
