September 58 - Flipbook - Page 16
NEWS
HEALTH AND SAFTEY OFFENCES AND YOU OPERATOR’S
LICENCE - THE CONCEQUENCES OF DASHBOARD CLUTTER
Back in 2017, cyclist Dr Suzanna Bull was
tragically killed when a lorry driver failed to
see her bicycle when he turned left because
of objects “cluttered” on his dashboard that
had “restricted” his view.
In December 2019, the driver was
sentenced to 21 months in prison for
causing death by careless driving. The
company - who had been his employer at
the time of the accident - pleaded guilty to
failing to discharge its duty contrary to the
Health and Safety at Work Act and was
fined £112,500.
The company has now had its
Operator’s Licence revoked by the Traffic
Commissioner following a Public Inquiry
and its directors have been disqualified for
5 years.
The Facts
The lorry driver had fitted an aftermarket
tray to his dashboard, which created
a significant additional blind spot to
pedestrians, bikes and cars when very close
to the front of the vehicle and which was
designed to only be used when the vehicle
as stationary.
Operators must therefore have a clear
policy in place in relation to what, if any,
adaptations to vehicles they will allow and
training must be provided to drivers. If
any degree of aftermarket adaptation is to
be permitted, then clear guidance should
be provided to drivers on where and how
Furthermore, two years after the fatal
items should be fitted and, ideally, any
On the day of the accident, the cyclist had
collision, another of the company’s vehicles aftermarket products fitted to vehicles by the
come up the nearside of the lorry on her
was found to have a large sat-nav blocking drivers should be checked and approved
bicycle, in the designated cycle lane, and
the driver’s vision and the vehicle’s
by the operator. Operators must also have
then pulled into the cycle space in front of
windscreen and wing mirrors were judged
a system for regularly inspecting vehicles
the lorry at the traffic lights.
to be in such a state of disrepair that they
to ensure drivers are not breaching the
were rendered useless.
operator’s policy and adapting vehicles in
With the tray in place, the cyclist was not
The Traffic Commissioner concluded
such a way as to jeopardise road safety.
visible (had the tray not been there the
that the company “could not or would not
cyclist would have been visible for up to five manager its drivers” and found that the
For further advice, contact Backhouse
seconds prior to the incident).
company and transport manager had lost
Jones’ Regulatory team on
The lorry then commenced a left turn and
their repute. He therefore revoked the
01254 828300 or Regulatory@backhouses.
fatally collided with the cyclist.
company’s licence and the directors were
co.uk
each disqualified for five years.
The Public Inquiry
Lessons to be Learned
Following the outcome of the criminal
proceedings, the company was called to
Many drivers will fit products to their
a Public Inquiry, during which, the director
vehicles in order to make them more
and transport manager for the business told comfortable; however, this case highlights
Traffic Commissioner Nick Denton that he
the duty of operators and transport
had been unaware that the driver had fitted managers to make sure that any
a table to the dashboard of the vehicle.
modifications to vehicles do not render the
vehicle unsafe. Any items which obscure
During an adjournment, however, a
the driver’s vision would cause the vehicle
Police Officer from the Serious Collision
to fail an MOT and would also be deemed
Investigation Unit of West Midlands police
a prohibitable item (quite possibly resulting
who was in attendance at the PI emailed the in an ‘S’ marked prohibition notice),
Traffic Commissioner to inform him that the which would often result in a DVSA fleet
director’s assertion contradicted evidence
inspection.
given at the criminal trial.
16
The director later admitted to the Traffic
Commissioner that he had in fact been
aware that the driver had fitted the tray and
drove the vehicle with it in place and that he
had failed to enforce the removal of tables
used by drivers.
