Stagecoach bus driver drove through level crossing in Devon

[whole diary]

[Chris from Nailsea]

From the BBC^» (British Broadcasting Corporation - home page):

A bus driver drove through closing barriers of a level crossing in Devon 15 seconds before an express train passed, a court has heard.

Edwin Doyle, 61, drove through the barrier, despite warning signals, and caused his sole passenger to dive to the floor to avoid flying glass.

Doyle, of Haven Close, Exeter, admitted driving the double-decker carelessly at the Hele and Bradninch crossing.

Exeter magistrates fined him ^350 and put eight points on his licence.

The court heard Doyle failed to recognise the warning signals and drove across the track 15 seconds before the Paddington to Penzance service passed.

CCTV^▸ (Closed Circuit Tele Vision) showed that he smashed through the closing barrier and his passenger was left scared and frightened.

James Taghdissian, defending, said: "He [Doyle] was not able to see because of the light. It could have been much, much worse. Because of the sun he could not see the warning lights."

Magistrates said the case bordered on being dangerous driving rather than careless and said it was "extremely fortunate" no one had been hurt.

Doyle's employer Stagecoach has given him a final written warning.

[JayMac]

Very lucky to keep both his licence and his job. 

[devon_metro]

Amazing. Drive at 100+mph in a car on a motorway and get banned, crash through a level crossing in front of train in a double decker bus and only get 8 points and a small fine!!!!!!

I know which I find safer.

[JayMac]

I sort of understand that sentiment d_m, but I'd argue that 100mph+ in a car on the motorway isn't particularly safe either.

That said, 'bordered on dangerous driving' made me think that this bus driver should really have faced a stiffer penalty. No-one likes to see someone lose their  livelihood after a moments carelessness, but this was a PCV licence holder and he has responsibility for the safe transit of members of the public.

[TonyK]

"Bordering on dangerous driving" when someone is charged with careless driving is a bit like "Bordering on murder" when charged with common assault - meaningless.

The charge is the reason he got a fine and 8 points, rather than time inside and a ban. Careless driving is careless driving, whether you shunt the back of the car in front at traffic lights, or almost derail an express train. The burden of proof for the more serious charge is much higher, and carries with it a much higher chance of acquittal. The prosecution will certainly have considered bringing the greater charge. A car driver unfamiliar with the area who doesn't see the lights because of low sun is understandable, if not entirely forgivable. A bus driver who crosses the route regularly and couldn't see the lights - and why didn't he see the gates? - could reasonably have been expected to stop and check before proceeding. But they probably thought it not in the public interest to go to the expense of a trial, and still risk him getting off completely.

The burden of proof for speeding is showing that the vehicle was going faster than the speed limit in force, and doing 30 mph over the limit results in a ban in the absence of compelling reason otherwise, as any fule kno. It seems harsh when compared to this case, but nobody ever said the law was always fair. I always stick to 99.