A MOTORIST who claimed his driving was affected because of a medical condition that meant he could not 'smell fumes', has had an appeal against a careless driving conviction dismissed.

Leonard Schmelter appeared at Aylesbury Crown Court on Friday saying he suffered from chemical sensitivity which disguised the smell of fuel fumes coming from his car. But an Appeal Tribunal disagreed with his claims and dismissed the appeal.

Judge David Morton Jack said: "Looking at the whole evidence we are obliged to reject the suggestion that fumes caused this accident as unrealistic and your appeal must be dismissed."

Schmelter, 47, of Charsley Close, Little Chalfont, who denied the charge, had appealed against the careless driving conviction imposed by Amersham magistrates on August 17 last year.

He claimed he collided with an oncoming car three months earlier because fuel fumes from his Montego car, which were 'disguised' by his condition, caused a road sign before the Keepers Lane junction in Little Missenden to look 'fuzzy'.

Judge Jack added: "We have to say that the facts of the accident itself are entirely consistent with momentary inattention and you believe it may have been, although you yourself are not sure, fumes arising from the car but you accept, very honestly, that what you felt immediately before the accident was totally unrelated to your condition of chemical sensitivity.

"You smelt nothing in the car as you approached the accident scene and there is no evidence whatever that there was carbon monoxide in the car. Furthermore, there is no evidence whatever of what effect that carbon monoxide might have if it were present."

Magistrates imposed a £150 fine, six penalty points and ordered Schmelter to pay £50 towards prosecution costs and £100 towards appeal costs.