Personal Injury Derbyshire
The driver of the TM Travel bus that crashed into a low bridge near Chesterfield on 15th March has today been sentenced at Chesterfield Magistrates Court.
Wayne Oliver, 34, of Dinnington was driving the double decker bus, carrying children from St Mary's Catholic High School when it tried to pass under the low level bridge at Whittington Road (pictured above) at around 8.15 am.
14 children were taken to hospital, with 2 seriously injured after the accident. Mr Oliver's employment was terminated immediately after the crash by TM Travel.
Mr Oliver had pleaded guilty to driving without due care and attention at a previous hearing.
Bill Taylor for the CPS said today that Mr Oliver had been driving since 1997; both single Decker and double Decker buses, without incident but had only driven this route once before and on a single Decker.
Mr Oliver, he said, had maintained that he had spoken with others at the depot before setting off to clarify whether the bus would go under the bridge though the company itself disputes this.
On the day of the accident, the bus was running around 20 mins late due to safety checks pre journey revealing a small fault that was attended to before leaving the garage. However, CCTV on the bus, and analysis by VOSA after the accident, had revealed that there were no defects to the bus that would have contributed to the accident.
Mr Taylor also pointed out in his prosecuting statement that large notices were clearly displayed on the bus and the road citing the height of both and, in the case of the bus, also stated that the bus should not be operated between Barrow Hill and New Whittington.
Although, said Mr Taylor, there were various rumours circulating at the time about the speed of the bus they had no substance and, that, "Mr Oliver was driving in a safe and proper manner at a proper speed". However the roof of the bus was torn off as a consequence of the incident.
Mr Taylor also confirmed to the court that the most seriously injured passenger who is 15 was still receiving treatment for facial injuries and has already undergone plastic surgery. More treatment will be required for years to come. Another young passenger that day, aged 17, underwent facial surgery and has a permanent scar. "The effects of the crash," said Mr Taylor "would possibly also affect students psychologically."
He completed his submission by stating that the accident was not caused by the condition of the bus but simply by Mr Oliver's failure to notice the signs that told him the route should not be passed with a Double Decker bus.
Mr Oliver represented himself in court and apologised to the court and parents for the incident. He had already submitted a letter of apology in writing at his previous hearing where he had pleaded guilty.
He called it "A genuine accident which he very much regrets", and that, "having driven for 14 years without accident, it's all he's ever done and it has ruined him".
He is still without employment now.
Fining Mr Oliver £80, with £35 costs and £15 victim surcharge and disqualifying him for a year, Deputy District recorder Goodman said, "He had to think about the degree of carelessness not consequence - if I was sentencing on consequence, you would probably go to prison."
Outside the court Mr Oliver had no statement to make other than to apologise, "All I can do is say sorry".
source: chesterfieldpost.co.uk
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