A motorist who drove through a ‘Give Way’ sign and crashed into a group of cyclists who were on a club ride with Dundee Wheelers, leaving two of them with life-changing injuries, has been handed a community order and banned from driving after
admitting two counts of causing serious injury through careless driving.

The Daily Record reports (link is external) that Perth Sheriff Court heard that Melissa McKelligott, aged 44 and from Edinburgh, was unable to explain how she had failed to stop at the sign before ploughing into the group of eight cyclists near the
village of Rait, Perth & Kinross, on 27 July 2022.

The offence with which the motorist was charged came into force the month before the incident under the Police Crime & Sentencing Act 2022, and carries a maximum penalty of two years’ imprisonment.

Two of the cyclists were given medical treatment at the scene before being taken to hospital in Perth, with one, Brian Barr, aged 54, subsequently requiring a hip replacement, with his other injuries including broken ribs and a collapsed lung.

Another cyclist, 29-year-old Helen Wall, sustained injuries including several fractured vertebrae as a result of the collision. A third cyclist was also treated for less serious injuries.

Prosecuting, fiscal depute Sam Craib said: “At about 6.45 pm the accused’s black Mini Cooper travelled through the junction at a Give Way sign.

“She collided with the cyclists. She went straight through the junction. her offside wing mirror snapped off and there were scratches on her vehicle. She got out of the vehicle and was in shock and screaming.

“She made her way to the verge where she sat down, facing away from the cyclists because she couldn't bear to look at the damage she had caused.”

Mr Craib said that several of the cyclists went to check that the motorist was unhurt, and that she said: “There's a Give Way sign – why didn’t I stop, why didn’t I stop?”

“Mr Barr broke his right hip and required a hip replacement,” Mr Craib continued. “He received physio until December 2022. The hip is 75 per cent repaired and that is as good as it’s going to get.

“He suffers pain in his hip. He had a partially collapsed lung, four broken ribs and multiple cuts and bruises. Ms Wall had two fractures to her lumber spine.

“She had a shoulder injury and severe chest and rib pain. The third cyclist, Robert Mills, had bruised knees, cuts down his side and a sore neck,” he added.

"Ms Wall had an 18-month recovery period. She is expected to have nuisance level symptoms throughout her life.”

At the time of the crash, McKelligott was driving on a US driver’s licence which permitted her to drive in the UK for a period of 12 months from April 2022.

Pauline Cullerton, defending her, told the court: “She has not driven since the incident. She fully accepts she failed to stop at the Give Way sign. She did see the cyclists in the corner of her eye.

“She made an emergency stop which caused her vehicle to collide with the cyclists. She did remain at the scene until the emergency services arrived,” the solicitor added.

Recalling the crash, Mr Barr said: “As we got to that junction I saw this car coming out of the corner of my eye. I just knew by the speed it was going that it was never ever stopping.

“Everything kind of went slow motion. I tried to veer left. I was at an angle when I went into the car, banged into it and then got carried on the car as it went right through the junction and up the other side of the road.

“When it stopped, I came off the bonnet and landed, and got another bang.”

Ms Wall, whose injuries meant that she was forced to miss the Scottish Championships being held a week after the crash, said: “I got flung several metres through the air in the direction the car was travelling, so when I hit the ground I landed on my
bottom then hit my left shoulder and the back of my head.

“The force of the fall went up through my spine and crushed two of my vertebrae.”

Sentencing McKelligott to 225 hours of unpaid work and banning her from driving for 93 weeks, Sheriff Mark Thorley said: “It is obviously a serious matter.

“The consequences were quite serious. Two people were badly injured and neither has fully recovered,” he added.

https://road.cc/content/news/driver-who-crashed-group-ride-handed-community-order-304681

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On 24/10/2023 06:26 pm, Simon Mason wrote:

A motorist who drove through a ‘Give Way’ sign

One IS allowed to to drive "through" (ie, past) a Give Way sign.

and crashed into a group of cyclists who were on a club ride with Dundee Wheelers, leaving two of them with life-changing injuries, has been handed a community order and banned from driving after admitting two counts of causing serious injury through

careless driving.

The Daily Record reports (link is external) that Perth Sheriff Court heard that Melissa McKelligott, aged 44 and from Edinburgh, was unable to explain how she had failed to stop at the sign before ploughing into the group of eight cyclists near the

village of Rait, Perth & Kinross, on 27 July 2022.

One is NOT obliged to stop at a Give Way sign. It isn't a Stop sign.

The offence with which the motorist was charged came into force the month before the incident under the Police Crime & Sentencing Act 2022, and carries a maximum penalty of two years’ imprisonment.
Two of the cyclists were given medical treatment at the scene before being taken to hospital in Perth, with one, Brian Barr, aged 54, subsequently requiring a hip replacement, with his other injuries including broken ribs and a collapsed lung.
Another cyclist, 29-year-old Helen Wall, sustained injuries including several fractured vertebrae as a result of the collision. A third cyclist was also treated for less serious injuries.
Prosecuting, fiscal depute Sam Craib said: “At about 6.45 pm the accused’s black Mini Cooper travelled through the junction at a Give Way sign.

So far, so good.

“She collided with the cyclists. She went straight through the junction. her offside wing mirror snapped off and there were scratches on her vehicle. She got out of the vehicle and was in shock and screaming.
“She made her way to the verge where she sat down, facing away from the cyclists because she couldn't bear to look at the damage she had caused.”

Crystal ball? Tarot? Tea leaves?

Or did she give evidence on that point?

Mr Craib said that several of the cyclists went to check that the motorist was unhurt, and that she said: “There's a Give Way sign – why didn’t I stop, why didn’t I stop?”
“Mr Barr broke his right hip and required a hip replacement,” Mr Craib continued. “He received physio until December 2022. The hip is 75 per cent repaired and that is as good as it’s going to get.
“He suffers pain in his hip. He had a partially collapsed lung, four broken ribs and multiple cuts and bruises. Ms Wall had two fractures to her lumber spine.
“She had a shoulder injury and severe chest and rib pain. The third cyclist, Robert Mills, had bruised knees, cuts down his side and a sore neck,” he added.
"Ms Wall had an 18-month recovery period. She is expected to have nuisance level symptoms throughout her life.”
At the time of the crash, McKelligott was driving on a US driver’s licence which permitted her to drive in the UK for a period of 12 months from April 2022.
Pauline Cullerton, defending her, told the court: “She has not driven since the incident. She fully accepts she failed to stop at the Give Way sign. She did see the cyclists in the corner of her eye.
“She made an emergency stop which caused her vehicle to collide with the cyclists. She did remain at the scene until the emergency services arrived,” the solicitor added.
Recalling the crash, Mr Barr said: “As we got to that junction I saw this car coming out of the corner of my eye. I just knew by the speed it was going that it was never ever stopping.
“Everything kind of went slow motion. I tried to veer left. I was at an angle when I went into the car, banged into it and then got carried on the car as it went right through the junction and up the other side of the road.
“When it stopped, I came off the bonnet and landed, and got another bang.”
Ms Wall, whose injuries meant that she was forced to miss the Scottish Championships being held a week after the crash, said: “I got flung several metres through the air in the direction the car was travelling, so when I hit the ground I landed on my

bottom then hit my left shoulder and the back of my head.

“The force of the fall went up through my spine and crushed two of my vertebrae.”
Sentencing McKelligott to 225 hours of unpaid work and banning her from driving for 93 weeks, Sheriff Mark Thorley said: “It is obviously a serious matter.
“The consequences were quite serious. Two people were badly injured and neither has fully recovered,” he added.

https://road.cc/content/news/driver-who-crashed-group-ride-handed-community-order-304681

93 weeks is a peculiar length of disqualification, wouldn't you say?

Was there some period of eleven weeks that had to be TIA in some way?

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QUOTE: The offence with which the motorist was charged came into force the month before the incident under the Police Crime & Sentencing Act 2022, and carries a maximum penalty of two years’ imprisonment. ENDS

Two years for running a Give Way sign? That's more like it!

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On 27/10/2023 04:44 pm, Simon Mason wrote:

QUOTE: The offence with which the motorist was charged came into force the month before the incident under the Police Crime & Sentencing Act 2022, and carries a maximum penalty of two years’ imprisonment. ENDS

Two years for running a Give Way sign? That's more like it!

How many decades for "running" a No Entry sign or a red traffic light?

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QUOTE: Mr Craib said that several of the cyclists went to check that the motorist was unhurt, and that she said: “There's a Give Way sign – why didn’t I stop, why didn’t I stop?” ENDS

Why were you asking the cyclists why YOU didn't stop?
How the hell were they supposed to know that, you silly mare?

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On 27/10/2023 06:43 pm, Simon Mason wrote:

QUOTE: Mr Craib said that several of the cyclists went to check that the motorist was unhurt, and that she said: “There's a Give Way sign – why didn’t I stop, why didn’t I stop?” ENDS

An unnecessary question in any case. A Give Way sign is not a Stop sign.

Why were you asking the cyclists why YOU didn't stop?

It's known as "rhetoric" and is often to be heard used by people who
have done something silly.

Sometimes something very silly... like imagining that they can fly
(unaided).

How the hell were they supposed to know that, you silly mare?

Good point, even if totally immaterial.

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On Friday, October 27, 2023 at 6:43:49 PM UTC+1, Simon Mason wrote:

QUOTE: Mr Craib said that several of the cyclists went to check that the motorist was unhurt, and that she said: “There's a Give Way sign – why didn’t I stop, why didn’t I stop?” ENDS

Why were you asking the cyclists why YOU didn't stop?
How the hell were they supposed to know that, you silly mare?

Ask them how you are supposed to have got a driving licence while you're at it!

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Simon Mason <swldxer1958@gmail.com> wrote:

On Friday, October 27, 2023 at 6:43:49 PM UTC+1, Simon Mason wrote:

QUOTE: Mr Craib said that several of the cyclists went to check that the
motorist was unhurt, and that she said: “There's a Give Way sign – why >> didn’t I stop, why didn’t I stop?” ENDS

Why were you asking the cyclists why YOU didn't stop?
How the hell were they supposed to know that, you silly mare?

Ask them how you are supposed to have got a driving licence while you're at it!

As you seem to think that a Give Way sign means Stop, how ever did you
manage to pass a test?

--
Spike

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QUOTE: “She collided with the cyclists. She went straight through the junction. her offside wing mirror snapped off and there were scratches on her vehicle. She got out of the vehicle and was in shock and screaming. ENDS

"Wing mirror"? How quaint - they're door mirrors in the 21st century.

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On 28/10/2023 11:18 pm, Spike wrote:

Simon Mason <swldxer1958@gmail.com> wrote:

On Friday, October 27, 2023 at 6:43:49 PM UTC+1, Simon Mason wrote:

QUOTE: Mr Craib said that several of the cyclists went to check that the >>> motorist was unhurt, and that she said: “There's a Give Way sign – why >>> didn’t I stop, why didn’t I stop?” ENDS

Why were you asking the cyclists why YOU didn't stop?
How the hell were they supposed to know that, you silly mare?

Ask them how you are supposed to have got a driving licence while you're at it!

As you seem to think that a Give Way sign means Stop, how ever did you
manage to pass a test?

How do you know he did?

Simon Misogyny doesn't ride a chav-bike for nothing, shirley?

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JNugent <jnugent@mail.com> wrote:

On 28/10/2023 11:18 pm, Spike wrote:

As you seem to think that a Give Way sign means Stop, how ever did you
manage to pass a test?

How do you know he did?

I’m being generous and assuming he did..

Simon Misogyny doesn't ride a chav-bike for nothing, shirley?

Oh, surely it’s to save the planet and enjoy some virtue-signalling…

--
Spike

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QUOTE: Pauline Cullerton, defending her, told the court: “She has not driven since the incident. She fully accepts she failed to stop at the Give Way sign. She did see the cyclists in the corner of her eye. ENDS

Ah, so she SAW the cyclists and still failed to give way now?
The truth is coming out bit by bit at last.

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On 29/10/2023 04:42 pm, Simon Mason wrote:

QUOTE: Pauline Cullerton, defending her, told the court: “She has not driven since the incident. She fully accepts she failed to stop at the Give Way sign. She did see the cyclists in the corner of her eye. ENDS

Ah, so she SAW the cyclists and still failed to give way now?

Had she ever denied that?

The truth is coming out bit by bit at last.

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QUOTE: Sentencing McKelligott to 225 hours of unpaid work and banning her from driving for 93 weeks, Sheriff Mark Thorley said: “It is obviously a serious matter.ENDS

Not "serious" enough for a custodial sentence though, eh?

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Simon Mason <swldxer1958@gmail.com> wrote:

Prosecuting, fiscal depute Sam Craib said…

Whatever is a ‘fiscal depute’?

<https://road.cc/content/news/driver-who-crashed-group-ride-handed-community-order-304681>

Ah…road.cc at its finest…

--
Spike

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polainm | 5 days ago
8 likes

Sheriff Mark Thorley said; “The consequences were quite serious. Two people were badly injured and neither has fully recovered".

I guess because the severely injured were cyclists, this can only be 'quite serious' in the eyes of a law enforcement officer. I assume if a local Mason's Range Rover had been scratched in the pub car park, this would have been 'very serious'.

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On 29/10/2023 10:44 pm, Spike wrote:

Simon Mason <swldxer1958@gmail.com> wrote:

Prosecuting, fiscal depute Sam Craib said…

Whatever is a ‘fiscal depute’?

<https://road.cc/content/news/driver-who-crashed-group-ride-handed-community-order-304681>

Ah…road.cc at its finest…

Actually, I have an idea that "Fiscal" (though of course, with a capital initial) is a public office (held by a member of the judiciary) and that "Depute" (again, with a capital) is a qualifying adjective, as used in
Scotland to prove how separate and different they are.

Maybe the nearest equivalent south of the border would be "Acting
District Judge" (District Judges being what we used to call Stipendiary Magistrates).

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Rat West replied to Hirsute | 4 days ago
2 likes

Yes, a helmet would have protected them from spinal injuries, broken ribs and punctured lungs - what planet are West Midlands police on????

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JNugent <jnugent@mail.com> wrote:

On 29/10/2023 10:44 pm, Spike wrote:

Simon Mason <swldxer1958@gmail.com> wrote:

Prosecuting, fiscal depute Sam Craib said…

Whatever is a ‘fiscal depute’?

<https://road.cc/content/news/driver-who-crashed-group-ride-handed-community-order-304681>

Ah…road.cc at its finest…

Actually, I have an idea that "Fiscal" (though of course, with a capital initial) is a public office (held by a member of the judiciary) and that "Depute" (again, with a capital) is a qualifying adjective, as used in Scotland to prove how separate and different they are.

Maybe the nearest equivalent south of the border would be "Acting
District Judge" (District Judges being what we used to call Stipendiary Magistrates).

I’m still not used to road.cc’s version of written English…

--
Spike

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Simon Mason <swldxer1958@gmail.com> wrote:

Rat West replied to Hirsute | 4 days ago
2 likes

Yes, a helmet would have protected them from spinal injuries, broken ribs
and punctured lungs - what planet are West Midlands police on????

A covid jab won’t protect you from MRSA, so why ever would you think that a helmet will protect you from spinal injuries, broken ribs and punctured
lungs?

You seem to be as stupid as Road.cc and its followers.

--
Spike

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Backladder replied to HoarseMann | 5 days ago
7 likes

Regardless of the fact that she should have seen the cyclists, the view to her right is blocked by trees and anything could have been coming along, just driving out without stopping should have been dangerous driving not careless!

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On 30/10/2023 04:29 pm, Simon Mason wrote:

Backladder replied to HoarseMann | 5 days ago
7 likes

Regardless of the fact that she should have seen the cyclists, the view to her right is blocked by trees and anything could have been coming along, just driving out without stopping should have been dangerous driving not careless!

Is that your professional opinion, M'Lud?

Or is it perhaps just another expression of your dislike of women, Mr
Misogyny?

Who could forget the time you found it funny when a Gatso FPN arrived at
your house for your wife?

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Simon Mason <swldxer1958@gmail.com> wrote:

Backladder replied to HoarseMann | 5 days ago
7 likes

Regardless of the fact that she should have seen the cyclists, the view
to her right is blocked by trees and anything could have been coming
along, just driving out without stopping should have been dangerous driving not careless!

Don’t be silly. If her view was restricted she had no option but to drive forward. A Give Way sign is not a Stop sign.

--
Spike

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From that report, this is the driver's view. The driver would have had a clear view of the cyclists approaching from the left. Ban should be longer and she should be required to sit an extended driving test, if she should be let behind the wheel again.

Not sure if that 40mph sign was there at the time, but it ironically states this is a walking & cycling friendly road. That really ought to apply to any road that's not a motorway.

https://cdn.road.cc/sites/default/files/styles/main_width/public/Screenshot%202023-10-24%20at%2019.08.26.png

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On 30/10/2023 06:26 pm, Simon Mason wrote:

From that report, this is the driver's view. The driver would have had a clear view of the cyclists approaching from the left. Ban should be longer and she should be required to sit an extended driving test, if she should be let behind the wheel again.

Did you pass that advice on to your brother judge(s), M'Lud?

What did they say?

Not sure if that 40mph sign was there at the time, but it ironically states this is a walking & cycling friendly road. That really ought to apply to any road that's not a motorway.

https://cdn.road.cc/sites/default/files/styles/main_width/public/Screenshot%202023-10-24%20at%2019.08.26.png

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QUOTE: Rat West replied to Hirsute | 4 days ago
2 likes Yes, a plastic hat would have protected them from spinal injuries, broken ribs and punctured lungs - what planet are West Midlands police on???? ENDS

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Simon Mason <swldxer1958@gmail.com> wrote:

QUOTE: Rat West replied to Hirsute | 4 days ago
2 likes Yes, a plastic hat would have protected them from spinal
injuries, broken ribs and punctured lungs - what planet are West Midlands police on???? ENDS

That sounds like saying a covid jab should protect you against MRSA.

It’s apples and oranges again. Cyclists, eh?

--
Spike

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Avatar
Glov Zaroff | 6 days ago
1 like

It's can be a nightmare cross roads. I use it multiple times a week. It's hit and miss (excuse the pun) for drivers adhereing to the give way, which is a shame, because it's part of the Carse of Gowrie / Sidlaw backroad network that is, IMO, one of the
best places to ride in Scotland.

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