A BUS driver with a previously exemplary record has won back his licence following an accident involving an elderly passenger who later died in hospital.

Raymond Peacock's "momentary lapse" as he pulled away from a stop was blamed for the accident, Durham Crown Court was told.

Phyllis McDonnell, 80, from Thornley, east Durham, had got off the number 22 Hartlepool to Durham service, on August 8 last year.

She was on her way to bingo and was waiting for a break in the traffic to enable her to cross the road and was said to be leaning against the bus.

Mrs McDonnell was in front of the vehicle when Peacock was finally able to pull away from the stop and she fell, sustaining serious head injuries.

The court was told she died in hospital 11 days later from bronchial pneumonia.

A verdict of accidental death was recorded at an inquest into her death in March.

Peacock, 59, of Culloden Terrace, Peterlee, County Durham, admitted careless driving at a hearing before North Durham magistrates, in Consett, last month.

He was fined £400 and ordered to pay £75 costs, with a £15 victim surcharge.

Magistrates also banned him from driving for six months.

Hearing his appeal against the sentence, yesterday, the crown court was told Peacock has been driving buses for 37 years and had an exemplary record.

Jane Waugh, for Peacock, said he had previously had no penalty points on his driving licence for 40 years and achieved an advanced driving certificate with top marks.

Miss Waugh said that because of the ban, her client had been unable to drive, but his employers, Arriva, thought so much of him that he had been allowed to carry out office work pending the appeal hearing.

Granting his appeal, Judge Brian Forster, sitting with two magistrates, agreed to replace the six-month driving ban with nine penalty points on Peacock's licence, enabling him to get back behind the wheel.

Judge Forster said the decision was made, "taking into account his driving history and the fact it was an unfortunate, momentary lapse".

The fine and costs imposed at the magistrates' court still stand.