No jail for reckless driver in rail crash
Jul 16 2008 by Ben Guy, The Journal
A RECKLESS delivery driver has avoided jail after causing a train crash that endangered the lives of more than 40 passengers.
Graham William Foster, 21, of Druridge Crescent, Blyth, claimed he was sent down a country track by his sat nav system and ended up on the main Newcastle to Carlisle line.
A train ploughed into his DHL delivery van at Bardon Mill, Northumberland, on June 3 after Foster ignored clearly-signed roadside instructions to contact a signaller to check if it was safe to cross the line.
But he was spared jail after magistrates said the pressure of his delivery schedule contributed to the accident.
Handing Foster a 13-week jail term, suspended for 12 months, chairman of the bench Richard Booth said his reckless actions could have had fatal consequences.
He said: “This is a very serious offence.
“Your life and also the lives of the general public were put at considerable risk through what you did that day.
“However, we have taken into account that you were under considerable duress at the time of the accident. I think your employer needs to be taken into account.”
Earlier, Tynedale magistrates heard how Foster had been delivering a late package to an angry customer and had been put under pressure to get the job done quickly.
Defending him, Michelle Turner said: “This is a 21-year-old man who was under significant pressure from his employers.
“He was panicked and fairly stressed and at the time of the accident he still had 35 packages to deliver.”
She said Foster would be receiving counselling as he was having difficulty accepting what could have happened that afternoon.
The court heard how Foster ended up on the track in his Mercedes Sprinter van after his satellite navigation equipment sent him down a country track.
But Alison Wilkinson, prosecuting, said Foster’s actions could have had much more serious consequences.
She said: “Foster had ignored all safety instructions.
“He had failed to ring the signal box to inform them that he was crossing and this caused the accident.
“That fact is serious enough. Had the vehicle been even slightly further on the track then there was the possibility of derailment.”
The court heard that at the time of the accident, about 5.30pm, the weather had been fine and clear with stretches of the track visible in both directions. The accident caused significant delays.
Mr Booth said: “We accept that you show considerable remorse.
“It could have been a fatal accident. If it hadn’t been for the actions of the train driver, it could have been much worse.”
Foster, who admitted a charge of endangering the safety of passengers on the train by wilful omission or neglect, was also ordered to carry out 200 hours community work and pay costs of £60.
