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Negligent bosses face jail
Page 15
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Will jail become a standard threat for hauliers who allow drivers to work illegally and are then involved in a fatal accident? Jennifer Ball investigates.
• Last week's conviction of Suffolk haulage boss Martin Graves for manslaughter following the involvement of one of his drivers in a fatal crash ( CM10-16 April) sends out a stark warning over drivers' hours abuses.
In the past, hauliers may have seen this as a question of driver responsibility. But, as this case shows, if a driver has an accident that can be attributed to excessive workload, unreasonable work practices or pressure from senior management, then NS bosses may well end up in the dock beside him.
Excessive hours
Last week, driver Victor Coates was sentenced to four years for causing death by dangerous driving. Coates had worked for 20 hours without a break, causing him to fall asleep at the wheel and plough into a car, killing the driver, Lee Fitt. His employer, Graves—owner of Felixstowebased MJ Graves International—was also sentenced to four years in jail after the jury decided he had encouraged Coates to break the drivers' hours rules through the use of a bonus scheme that rewarded drivers for working longer hours.
Passing judgment at the end of the eight-month hearing at Basildon Crown Court, Judge Clegg said that Graves saw that his nine drivers were fully employed whenever there was work available, regardless of the legality. Clegg added: 'You were often giving them schedules which could either not be done reasonably within legal working hours, or could only be completed legally if all went well and then with considerable ingenuity from the driver."
Coates had left his previous firm to work for Graves because he knew that he could earn more money by working excessive hours, which would be tolerated by his boss, added Judge Clegg.
Inspector Mark Harman from Essex police, who led the investigation, says that this is the second successful prosecution that it has brought against a haulier following a fatal accident where the employee involved had worked excessive hours.
In November 1999, brother and sister Stephen and Julie Bowles from Berkshire-based air freight company Roy Bowles Transport were convicted of double manslaughter for turning a blind eye to widespread breaches of the law after one of the company's drivers, Andrew Cox, fell asleep at the wheel of his vehicle and smashed it into a skip lorry, causing two deaths.
Stephen Bowles was given a 15-month sentence, while Julie was handed a 12-month sentence, although both were suspended for two years (CM 12-18 April 2001).
Both high-profile cases suggest police are keen to look at whether employers have an involvement in incidents. Harman says: "We will always look at the employer if a driver is involved in a crash. If they are found to be negligent, we will bring a prosecution against them."
Jonathan Lawton from Chester-based solicitors Hill Dickinson believes that the success of the Graves and Coates prosecution will encourage other police forces to take action against hauliers and transport managers involved in similar incidents. "It is absolutely clear that, if a driver is involved in a road accident, one of the avenues of enquiry will be the background of the driver; whether he worked excessive hours and if his employer was aware of his fatigue."
Transport lawyer an Rothera from Nottingham firm Rothera Dowson agrees: "If a haulier actively encourages or pressurises drivers into exceeding their permitted hours and not taking adequate rest it is extremely likely that, in the event of a fatal accident, the operator as well as the driver will face a custodial sentence.
It is the responsibility of the employer to have in place the necessary systems and procedures to ensure that drivers comply with the rules. If they are aware of a driver being a danger to himself and others, they need to make sure that he is not driving. It is the responsibility of both the employer and driver. The Judiciary is currently considering lengthening sentences for drivers who are involved in accidents with aggravating circumstances."
Jail sentences
Under the new recommendations issued by the Lord Chief Justice, motorists who cause deaths by dangerous driving should routinely be given jail sentences (CM 10-16 April). In the most serious cases, he suggests that offenders receive a sentence of at least six years. Aggravating factors such as alcohol, using mobile phones and falling asleep at the wheel should automatically command a two to three-year sentence.
Road safety campaign group Brake firmly believes that it is the responsibility of the operator as well as the driver to ensure the safety of drivers and other road users.
Policy officer Ben Wheatley says: "Operators have a duty of care to ensure that their drivers are not working excessive hours, that they take the required breaks and that tachograph charts are checked regularly. It is a shame that it takes a horrific crash like this to raise the issue of responsibility. Hopefully, it will act as an incentive for operators who do not take this issue seriously to now take their policies into account."