Lorry driver who claimed cyclist Julian Barlow should have given way to him jailed over his death

One fundamental piece is missing here and I'm appealing for that information from anyone who might have it - or a picture post crash of the truck at the scene.  Someone gave the keys to that truck to that driver. That person holds the operators licence issued under conditions prescribed by the Goods Vehicle (Licensing of Operators) Act - legislation in place to regulate the operation of vehicles over 7.5T GVW with the key objecting to 'prevent harm' arising from those operations and that responsibility tracking back to the directors and the named and formally qualified Transport Manager, responsible fr ensuring the both trucks and drivers are fit to go out on the road each day.  Anyone with that detail is welcome to DM/PM me here or via @BCCletts on twitter

There is in any organisation a corporate 'culture' that presents itself in their business ethics, attitudes to safety, staff empowerment etc, and in the road transport industry you will seen a wide divergence in how driving safety is managed. Travel on a National Express coach, and before the driver can start the ending they have to take a breath test - EVERY TIME , whilst Gibson Direct (a bus operator in Renfrewshire) had one of their drivers pulled over after a school bus journey and found to be 3 times over the drink-drive limit. Surely something that a depot manager should have spotted and at the very least checked on. This also begs a further question of the local authority placing the contracts to operate school buses, often with smaller operators, and assessing the tenders purely on price.  There is a term 'due diligence' that essentially sums up the delivery of a duty of care in doing business, any business, where a client placing contracts will check out the contractors. For Renfrewshire schools I'd be reviewing ALL the school bus contracts, and making sure that the operators have a robust check on driver fitness - both from the legal and illegal substances consumed, and permanent health issues, noting the case of Harry Clarke the bin lorry driver.   

Thus a company can through its operating culture encourage the thinking process we see here in the way this driver put forward 'excuses' for failing to observe road signs, and observe the presence of other road users.  Often this becomes apparent when you check back against the O Licence history, and CyclingUK has managed to get operators with appalling histories of non-compliance, who in turn have let drivers out with their trucks to kill and maim eventually called to account and banned from holding an O Licence or working as a Transport Manager.  Curiously (?) many either fail to turn up at the hearing or surrender their O Licence, the latter often linked to a fresh application for a 'phoenix' company with relatives providing new principals.

The client issue still lingers. In one of the fatal crashes of 2013, it too 29 months to get the operator, complicit in having the driver worknig 2 shifts back-to-back, but we've never had any statement or review of the supermarket going for the lowest competent tender to deliver overnight between Bristol and their Cornish store(s).  Tellingly the case for Julie Dinsdale (Keith Bontrager's partner) is being taken right back to Tesco  rather then their contractor, and (by the look of things) noting the chain from driver to client, for ultimate liability

So please, when a bus or truck is involved in any incident, make sure you get the details of the operator (NOT automatically the livery on the truck or bus), and also who the principal client is - National Express and London Buses use many contractors operating in livery - but for buses, the law requires the operator to have their details displayed clearly on the side of the vehicle.  Trucks, and also liveried company vans don't (now) need to have this, although a few do have a discreet logo. The only way to nail this is therefore the O Licence  disc which has to show the operator name and licence number. Thus I was able to note that the plain white truck parked fully blocking the Drury Lane cycle route at The Aldwych was operated by Matthew Clarke Wholesale (and delivering a consignment which would easily have fitted on a cargo bike!)

Enjoy the showers, prick. 

Life ban, nothing less. 

https://petition.parliament.uk/petitions/128648

2 years, for murder.

He's blamed everyone and everything but himself.

The cyclist should have given way - No - he was on the roundabout already.

He has to keep moving to conserve fuel - bollox - does he not stop at lights or T junctions too ? 

The sun was in his eyes - no it wasn't.

The design of the Lorry blocked his view - no it didn't.

SO the only explanation is either he ran him down deliberately or just didn't see him there.

I'd hope no lorry company takes him on. Surely that would put their premiums up and why take on an idiot like this - there are plenty of better drivers around. 

So sad. 

It sounds like what he did wasn't careless at all but a completely deliberate act. I don't really know what to call him.

So basically his excuse for KILLING A MAN was that he didn't want to waste fuel accelerating from a roundabout. That's some consolation for the family, life worth less than a few pence of diesel.

Hopefully he'll die of food poisoning in prison because someone had been taught not to bother cooking things for that long to save money on gas.

Yep I did let out a few expletives when I read this! 

The solictor representing Mervyn White, said outside of court "that's a right fcking result......my client drives a like a twat and kills an innocent person, albeit just a cyclist so who cares, and all he gets is 2 years in prison....Fck me we lol'ed at that one...we are over the moon...the c**t will be out soon anyway so who gives a fck....the justice system in this country is ace."

I can't understand why the sun being in your eyes is ever allowed to be a valid defence. Surely you should automatically slow down if your vision is impaired by road conditions such as a blind corner, rain, fog or sunlight? 

Meanwhile in Hampshire, driver gets off with a suspended sentence because

a conviction and loss of license might cost him his job. http://m.dailyecho.co.uk/news/14745752.Driver_who_failed_to_stop_after_fatal_cyclist_crash_smiles_as_he_walks_free_from_court/

Utter scum, trying to duck responsibility and showing no respect to the victim's family.

Why the f does he think the cyclist should have stopped *on a roundabout* to let a lorry out?  Basically we have someone here who believes, or claims that at some point he's been taught, that fuel consumption is more important than someone's life. Terrible.

What a vile human being.

I'm at a loss as to how the CPS didnt pursue a 'death by dangerous driving' charge considering that they had the cam footage form his cab showing that he deliberately drove on to the roundabout, with Julian having nowhere to go:

Quote:

The collision was filmed on a CCTV camera affixed to White’s cab. Speaking at York Crown Court, prosecuting barrister Richard Walters said the lorry driver had pulled out of a motorway slip road and onto the roundabout without stopping, his speed never dropping below 19mph. Walters added that Barlow, who was cycling round the roundabout, "had literally nowhere to go."

Source

Its sickening that not only has he got a ridiculously low jail term for killing someone, but he'll have his driving licence back in a few years.

The justice system is such a fucking joke in this country that Im surprised that there are not instances of vigilantism. Maybe its only a matter of time?

Bans don't start while you're in prison, haven't done for a while now.

3 year driving ban that starts while he's in prison...2 year sentence that he wont serve...hundreds of companies (thousands?) who will happily employ him to drive their dangerous vehicles after.

....and still, still this is an amazing victory in comparison to the usual let offs we constantly hear about...

3 year driving ban?! Sigh.

Taught by who? His employer? If so, where is the H&S prosecution?

So he'll end up with 1 year in prison and let out early on remand for killing some one.

Time to start sharpening the pitch forks and light the torches I think

What a c*nt. Maybe he'll choose a career that doesn't involve driving dangerous vehicles when he finally gets out of jail and is allowed to drive again?