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Author Topic: Van driver guilty of careless driving after near miss with train at Bugle - 19 March 2013  (Read 3502 times)
JayMac
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« on: May 07, 2014, 22:11:11 »

From the Cornish Guardian:

Quote

This is the moment a van driver came within feet of being smashed into by a train on a level crossing at Bugle.

The video shows the dramatic moment 60-year-old Alan Borman managed to accelerate out of the path of the on-coming train, narrowly avoiding a ^catastrophic^ collision.

City Link driver Borman, of Fountain Terrace, St Blazey, can be seen cutting across the Molinnis crossing on March 19 last year with only 20 to 30 feet to spare, in CCTV (Closed Circuit Tele Vision) footage taken from a camera mounted at the front of the train.

Borman went on trial at Truro Crown Court on Monday accused of dangerous driving and on Wednesday, a jury found him guilty of the lesser charge of careless driving.

The verdict came after discussion in court about the safety of the crossing and the amount of foliage blocking views at the site.

Bathsheba Cassell, for the Crown Prosecution Service, said Borman was a professional van driver who had been making deliveries on the day of the incident.

She said he had been on a service lane that runs parallel to the railway before turning right onto the level crossing.

The court heard that the service lane did not have any warning signs indicating that there was a level crossing and Borman said he could not see the warning lights or hear the audible signals from his large panel van.

Nigel Hall, for the defence, told the jury that Borman^s quick-thinking avoided a serious accident on that day.

He said: ^He chose to floor it and clear the crossing; some may say that was pretty heroic. That was smart driving, he is not at fault for doing what he did.

^Mr Borman avoided a catastrophe.^

Referring to evidence given by Network Rail employee Andrew Greening, Mr Hall said he had stated in court that he would recommend action to make turning onto the crossing from the service lane safer, such as the installation of a sign indicating that drivers should not turn right.

Mr Hall said: ^It is accepted by Mr Greening that there is some sense of general neglect [at the crossing].^

He added that foliage growth meant Borman could not see the train coming.

But Ms Cassel argued that Borman^s driving had fallen below an acceptable standard.

She said: ^The crown of course are not suggesting that Mr Borman played a game of chicken with that train.^

But she said he had taken a ^massive risk^ by driving straight on to the level crossing.^

Giving evidence train driver Jonathan Beale said that in 26 years of train driving he had had some ^close shaves^, but ^nothing this close^ when he described to the jury how Borman^s van crossed his path.

Mr Beale said he had been driving the train on the Newquay to Par branch line at around 2.23pm at a speed of about 28mph.

After the verdict, the court heard that Broman had offered to plead guilty to driving without due care and attention at the first hearing of the case in magistrates^ court last year but that was not acceptable at the time.

He was fined ^100 and ordered to pay ^105 in costs and a ^20 victim surcharge.

Recorder Malcolm Gibney also issued five penalty points, which he said should enable Borman to keep his job with City Link.

Network Rail was unavailable for comment.

Video of the incident also here: https://www.youtube.com/watch?v=Jkxwf2K0LR4

Two things I wonder about. First, the driver's defence stated that he didn't here the warning siren. I appreciate these are for pedestrian users, but he did have his driver's side window wound down. Second, I see nothing heroic in his actions in avoiding a collision.
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« Reply #1 on: May 08, 2014, 11:53:01 »

I see nothing heroic in his actions in avoiding a collision.

I agree. How can you heroically save a situation that you caused in the first place?

I seem to recall that a van driver was killed at Quintrell Downs level crossing some years back and at that time one of the reasons given was that he had probably crossed many times without seeing a train and drove too fast to stop when he saw flashing lights.  I think I read that the crossing was occupied for no more than a total of 15 minutes in a 24 hour period, so it would be the same at this crossing. With the sparse timetable, I'm surprised it was that much.

The train driver has all my sympathy.
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Tim
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« Reply #2 on: May 08, 2014, 14:50:15 »

Why don't drivers who do something like this (which is a deliberate action afterall) not get a lifetime ban.

I am not especially worried about the punishment aspect of the sentence, but surely the simple matter of preventing future accidents demands  that the privilege of driving be withdrawn from someone who has been proved not to be a suitable person to hold that privilege. 
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