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Lights decision clears driver

19th March 1998, Page 24
19th March 1998
Page 24
Page 24, 19th March 1998 — Lights decision clears driver
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by Sally Nash • A Scottish truck driver whose vehicle collided with a train on a level crossing has been cleared of causing an accident after the court accepted that the warning lights were not working correctly.

William MacLennan, of Gairloch, Wester Ross, had denied the charge of driving carelessly through red warning lights at an open automatic crossing near Allanfearn, Inverness on 16 September 1996.

Inverness Sheriff Court heard that train driver Donna Urquhart was forced to make an emergency stop and jump from the cab after spotting the truck. She claimed she could have been killed by a metal spike from the lorry which went through her window.

MacLennan, who drives for his brother and brother-in-law's tipper firm, was en route to a quarry and said the red warning lights were not flashing as he approached. As soon as he saw the train he tried to reverse but could not get off the track in time.

Sheriff Fulton, after listening to local residents who said the crossing could not be trusted, said he believed the lights would have been flashing for 24 seconds, had they been working properly.

MacLennan, who has held a clean licence for 21 years, suffered injuries to his wrist, hand and collarbone in the accident and was off work for three months, costing him thousands in lost wages.

He is appealing for a barrier to be built at the crossing. Up to 17 trucks cross it every day, he says.


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