Grim Warning As Fatal Crash Sees Operators Jailed
Fleet Support Group(FSG) are warning how drivers, who are ignoring vehicle maintenance warning signs, particularly in relation to tyre and brake wear that could result in a fatal road crash, could find themselves and their bosses in court.
The very real warning comes after a driver and his business partner were jailed for the manslaughter of a couple who died in a road crash after basic and crucial vehicle maintenance was ignored.
The court case highlights the impact that ignoring routine maintenance checks and repairs can have, and whilst police and legal advisers to Fleet Support Group are urging fleet decision-makers to ensure that, despite the recession, vehicle maintenance remains a top priority, company Chairman Geoffrey Bray says although businesses may have maintenance policies outlined in driver handbooks they are frequently being ignored by employees.
Video evidence from FSG’s Masterview technology reveals how company car and van drivers abuse their vehicles and has uncovered a ‘chamber of horrors’, according to Mr Bray.
“We have many examples of evidence filmed by members of our garage network of employees who have ignored clear signs that maintenance is required on the vehicle they are driving,” he said.
“With long vehicle service intervals – often up to 20,000 miles – it is more important than ever that drivers ensure their cars and vans are mechanically sound; but drivers are not doing this because our garages are discovering bald tyres, worn out brakes and other mechanical problems on an almost daily basis.
“Companies may think they have a vehicle maintenance policy in place, but it is not being followed by drivers in many cases. The images we see regularly on Masterview highlight that this is a major problem.”
At Leeds Crown Court this month (November), coach driver Robert Oughton was sentenced to five years and three months in prison after he admitted charges of causing death by dangerous driving and gross negligence manslaughter. His business partner in travel firm 1.4.You Coaches, John Lote, who pleaded guilty to gross negligence manslaughter, was jailed for three years.
The coach, which was taking a children’s marching jazz band and their parents to a competition at a holiday camp, was involved in a crash with a car on the A64 near Scarborough in September last year. The couple in the car died instantly, with passengers on the coach suffering minor injuries.
An investigation by North Yorkshire Police, working with the Vehicle and Operator Service Agency, concluded that the cause of the crash was acute brake failure due to poor maintenance.
The coach’s maintenance history showed that the two men had repeatedly failed to act on warnings to fix faults with the braking system. Officers also discovered that Oughton had ignored passenger complaints about the smell of burning during the journey.
Chief Crown prosecutor Rob Turnbull said: “They were well aware that this coach had not been properly maintained and deliberately avoided the safety checks they were required to carry out. Against that background, they were prepared to take risks which endangered the lives of their passengers and resulted in the death of two innocent people and the devastation of their families.
“This case graphically illustrates why the Crown Prosecution Service takes road safety issues so seriously, and why we will continue to prosecute robustly those who put others’ lives at risk.”
Leading health and safety lawyer Michael Appleby, of Housemans in London, who is an adviser to FSG, said: “Not too long ago the police would have only prosecuted the driver in this case. However, it is clear that his partner was complicit with the maintenance lapses.
“The investigation and subsequent court case should serve as a warning to all businesses that in the event of a road crash it is not just the driver who the police will look to prosecute.”
Commenting on the three-year sentence for Lote in addition to Oughton’s jail term, Mr Appleby said: “The tariff for these crimes is rising, which underlines the seriousness with which both the prosecution and the courts view these types of incidents and how management deal – or in this case – don’t deal with vehicle maintenance issues.”
Detective Superintendent Helen Taylor of North Yorkshire Police, who led the investigation into the collision, said: “The lack of maintenance by the coach company shows complete disregard for the safety of others and has resulted in the tragic deaths of two innocent people.
“The outcome sends a clear and stark warning to transport providers, of the catastrophic consequences should they choose to cut corners in the maintenance and upkeep of vehicles.”
When investigating road crashes the police look for answers to three questions: the purpose of the journey; the condition of the vehicle; and the condition of the driver.
Mr Appleby added: “In assessing the condition of a vehicle its maintenance history is crucial. Investigators will be searching to discover if any work was actually carried out or should have been carried out on the vehicle immediately prior to a crash.
“The onus is on drivers to identify a potential maintenance problem and to ensure that it is then investigated and rectified. This court case highlights the disastrous chain of events that can occur if maintenance issues are ignored.”
Masterview is a unique remote video inspection system installed at FSG’s network of independent garages that enables fleet managers to view the condition of vehicles and components, around the country, either in real time or recorded for later transmission. When vehicle abuse is detected by FSG maintenance experts at its Chippenham headquarters who are able to view live pictures via broadband , fleet managers in charge of the damaged vehicles are informed and shown the evidence.
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