Bus victory

RMT news – Bus victory F IVE bus drivers employed by Stagecoach South Devon Buses were alleged on several dates back in 2003 to have driven through a red traffic light on the A380, Newton Road, Jury’s Corner, Devon. The five drivers, Christopher Coverdale, Charles Garlick, Leon Woodbridge, Andrew Whitworthy and Mark Stott, all represented by RMT solicitors Kaim Todner, were summonsed individually to attend court for offences of failing to comply with a traffic light signal. All five said that there problems at that particular junction as a bus stop was positioned just the other side of the traffic lights. The speed limit at that section of the road is 40 mph. Danger RMT rep Danny Ferguson said that the problem was that alighting passengers rang the bell as the bus approached a green light. “As the passengers walk down the aisle to alight, the lights sometimes change to amber before going to red. “Drivers are left in a horrible position of braking and throwing the alighting passengers to the floor or up against the front of the vehicle,” he said. Danny said that any bus driver will tell you that a vehicle fitted with a Telmar braking system stops “on its nose”. All five drivers complained that this was exactly their predicament as their buses approached the stop and passengers made their way along the aisle to the exit. Drivers were faced with the difficult decision of stopping quickly, potentially injuring passengers, or driving across the junction when the light was at amber. Campaign Danny and the union have lobbied Torbay Council and the police over many years to reposition this bus stop, without success. Despite this drivers were being convicted on a regular basis while trying to safeguard their passengers. “A bus driver or train driver’s first responsibility is for the safety of passengers at all times”, Danny said. “Try telling this to the police who persist in convicting bus drivers, or the Council who have the responsibility of erecting bus stops.” Despite this lobbying, the court decided that the five cases must be heard separately. Chris Coverdale was the first to face trial at Newton Abbot Magistrates’ Court last month, some 17 months after the alleged incident. The Crown Prosecution Service had indicated that if the case against Chris was unsuccessful it would not continue proceedings against the remaining four. Faulty evidence In preparing for trial, it became apparent that the Crown Prosecution Service had failed to maintain continuous log numbers for the photographs. The photographs were collected from the camera at Kingskerswell were assigned a log number and sent via Exeter to Plymouth for analysis. However, the log numbers given to the photographs were not continuous. RMT questioned the evidence and challenged the CPS to produce records indicating when the camera had been calibrated. Local members became even more alarmed when, days later, a van appeared at the offending lights to calibrate them. During Victory for the Torquay five Five RMT bus drivers were “over the moon” last month after prosecutions over a long-running red light saga collapsed 20 DELIGHTED: RMT member Chris Coverdale celebrates outside Torquay magistrates court. Photo: Andy Styles, Herald Express RMT news – Bus victory 21 this time, four more RMT members were caught in the trap. All the drivers were well under the speed limit and said the same thing: a passenger had pressed the bell to alight and there were people standing in the aisle waiting as the lights changed to amber. In criminal law matters the CPS must prove the case and it was unable to do so as it could not show that there was continuity in the log numbers. Following representations to the Court, the case was dismissed. Victory Outside the court Chris said he was “over the moon” and that the case should never have come to court. “Bus drivers cannot stop a 13- ton vehicle in half a second, he said. “We think of passenger safety and these buses can brake very suddenly and I do not want to hurl one of my passengers off their seat.” Chris thanked his defence QC, James Martin, and said he was very grateful for the support he received from his union, RMT. Danny added that not only would bus workers benefit from the court decision, but motorists at the same location and dates would benefit if they challenged the evidence. Case dismissed When the Crown Prosecution Service reviewed the other four cases, it became apparent that the same lack of continuity of log numbers was common to all, and the prosecutions were abandoned. Two further drivers have potential court proceedings remaining against them. It remains to be seen whether the CPS has been able to salvage its position. Further campaigning is underway to have the bus stop moved and prevent any further prosecutions in relation to the Jury’s Corner traffic lights. Giles Morrison of Kaim Todner solicitors said that the saga highlighted that it was fundamentally important that RMT members contact their branch secretary the moment they receive notification that they may be prosecuted for a criminal offence.