Blackburn appeal dismissed
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/Blackburn Transport and one of its drivers were rightly convicted of using a bus with dangerous parts, after a 15-year-old schoolgirl fell through the emergency door on to the road, said Judge Michael Lever QC at Preston Crown Court.
He dismissed appeals by the company and driver Keith Sunderland against their conviction by Blackburn magistrates. The company had been fined £250, with £60 costs. Sunderland had been fined £50 and his driving licence endorsed, Jonathan Dickinson, prosecuting, said that when the bus was examined after the accident, the emergency door catch was seized and the door was incapable of being locked.
Sunderland said there had been problems with the door earlier that day. He had reported it to the duty inspector, and after the inspector had opened and shut the door a number of times the warning buzzer stopped. He did not think there was anything wrong with the door.
Engineering director Peter Iddon said there were only two possible causes of the accident. Either the driver had ignored the warning buzzer and light or someone had inadvertently operated the door handle.
Defending, John Backhouse said the defect was such that the mechanism would stick open, but it would not open once locked. He maintained that the defect had nothing to do with the child falling through the door.
Dismissing the appeals, and ordering Blackburn Transport to pay £150 costs, Judge Lever said the fact was that the door catches were faulty. Maybe Sunderland and the inspector had thought they had put it right, but they were not qualified mechanics. It was difficult to see how the girl could have operated the door handle herself in the circumstances. He concluded that Sunderland ought to have heard the buzzer and seen the warning light.