NSW: WORKPLACE safety concerns have been raised after a Tamworth council worker fronted court for turning his tractor in front of an oncoming car while mowing the edge of a road.
Magistrate Julie Soars was critical of the "system of work" in place at the time of the serious crash in Calala while sentencing William Alexander Creighton in Tamworth Local Court on Monday.
He was handed an 18-month good behaviour order without a conviction after pleading guilty to negligent driving occasioning grievous bodily harm.
The court heard Creighton had been working for Tamworth Regional Council for 16 years.
Ms Soars told the court if it was solely Creighton's conduct that caused the Loomberah Road crash on the morning of June 7, the outcome may possibly have been a little different.
"It's a serious matter but I have my concerns about that system of work, which seems to have contributed to that accident," Ms Soars said.
The court heard there was one pilot vehicle on the northern side of the tractor as it mowed along the eastern edge of the 100km per hour road, but none at the other end and no warning signs on that side either.
"I can't understand why there wasn't more signage out to slow [drivers]," Ms Soars said.
Defence solicitor Garry Johnston told the court there could be "other minds" involved in the future, but in terms of the criminal charge against 63-year-old Creighton being dealt with that day, Mr Johnston said it was an accident.
"This comes down to which person was going to go," he submitted.
He said it was a rural road with very little traffic, and the tractor was huge with flashing lights.
"It's a high-speed rural road, that's the problem," Ms Soars replied.
Mr Johnston told the court Creighton was a professional driver with only a couple of years until retirement, cared for his elderly mother and had an excellent record.
"And a good man, Your Honour, to boot," Mr Johnston said.
He said the crash had severely affected Creighton, that he had tried to get back to work and get back on the tractor.
"I know he's been affected, I know he's shown strong remorse ... but there is a wrong done to the victim and it results obviously in an injury which would have been painful," Ms Soars said.
A set of agreed facts tendered to the court said police - including the Crash Investigation Unit - and paramedics were called after the crash about 8.45am.
A 63-year-old man was behind the wheel of a vehicle travelling along Loomberah Road with a 66-year-old woman in the passenger seat when he started to slow about 100m from where the tractor was mowing.
The tractor then made "an illegal u-turn" over double white lines so it could turn around and finish mowing the stretch of roadside.
The victim began to brake dramatically about 30m from the tractor and turned right to try and avoid a collision, but struck the tractor's front tyre while it was near the middle of the road.
The victim was taken to Tamworth hospital with a broken arm, which pierced through his skin and needed plates to treat.
