Driver Kailash Chander (pictured outside court today) was handed a two-year-supervision order at Birmingham Crown Court today. The bus company that employed him, Midland Red, was also fined £2.3million for 'significant' health and safety failings
Up to 7,000 motorists aged over 70 have a bus driving licence, it emerged yesterday.
The revelation came as a bus company was fined more than £2million over a fatal crash caused by an elderly driver.
Midland Red, part of the Stagecoach Group, appeared to blame age discrimination laws for keeping Kailash Chander, then aged 77, on staff.
The company had been warned about Chander’s driving before he lost control of his bus and careered into a supermarket, killing two.
Chander, who was suffering from undiagnosed dementia, mistook the accelerator for the brake after working three 75-hour weeks.
Rowan Fitzgerald, seven, who was sitting on the top deck with his grandfather, was killed along with pedestrian Dora Hancox, 76, who was hit by the bus and a falling lamppost as she walked past a cash machine at the Sainsbury’s store in Coventry.
Two others were seriously injured in the crash in October 2015, including Rowan’s eight-year-old cousin.
Chander’s employer was yesterday fined £2.3million after pleading guilty to two health and safety offences when it allowed Chander to continue to drive. Chander, now 80, was given a two-year supervision order after he was ruled unfit to stand trial due to dementia.
After the hearing, Midland Red called for a legal age limit for drivers of large vehicles. Equality rules mean staff cannot be forced to retire on the basis of age. The most recent DVLA figures show there were 7,110 bus licences held by over-70s in July – although it stressed that not all of these people will still be driving, and some will be dead.
Rebecca Hearsey (pictured), who represented the family of Rowan Fitzgerald, read a statement on their behalf outside Birmingham Crown Court today. The family believes Chander 'chose to ignore warnings about his driving with devastating consequences'
Midland Red managing director Phil Medlicott said: ‘We support a review of how current age discrimination law impacts specific roles. This includes whether there should be a statutory legal age limit for drivers of buses.’
All large vehicle drivers over 65 are subject to annual health checks and are limited to ten hours’ driving a day.
Midland Red said the 75-hour weeks quoted in court included time spent not driving.
Chander, a former mayor of Leamington Spa, had retired as a bus driver at 65, but was taken back on as a casual driver.
He had been sent a number of warning letters generated by an on-board device over his driving.
Seven months before the crash, Chander was referred to the firm’s driving school, which sent an assessor to report on his driving. The assessor said the journey was ‘erratic’ and the driving school recommended that he should not work long hours.
Two days before the tragedy, one manager said the firm should consider ending his contract – but he was allowed to carry on.
Judge Paul Farrer QC said: ‘The recommendation of their own driving school was ignored ...because of staff shortages.’
On the day of the crash, Chander accelerated for 12 seconds after mistaking the throttle for the brake pedal.
Speaking at Birmingham Crown Court yesterday, Judge Farrer said: ‘The failings of the company were a significant cause of the events of October 3, 2015.’
Rowan’s family said: ‘The company had a duty to protect all the passengers. Instead the company allowing the driver to get behind the wheel and him not being fit to drive ripped our family apart.’
CCTV shows the horrific moment Kailash Chander crashed the bus into a Sainsbury's supermarket in Coventry killing two people
Midland Red company director Phil Medlicott calls for change in law
Following the case, Midland Red company director Phil Medlicott read a lengthy statement outside court during which he apologised for the 'heartache' caused.
He also called for a review of age discrimination laws in the workplace.
Phil Medlicott, company director of Midland Red, read a statement outside Birmingham Crown Court today
He said: 'I am a former bus driver myself and I believe this case also has important lessons for the wider bus industry, as well as for those responsible for drafting and applying employment law.
'In particular, we support a review of how current age discrimination law impacts specific roles with key safety considerations.
'This includes whether there should be a statutory maximum legal age limit for drivers of buses and other heavy vehicles.
'Our parent company, Stagecoach, is working with our industry partners to establish a consistent approach by government on these issues.
'We cannot turn back the clock in this case, but we have sought to do everything possible to learn lessons and ensure that this kind of accident does not happen again.'
Chander (pictured at a previous hearing) was deemed unfit to stand trial but found guilty of dangerous driving at a trial of facts
The Stagecoach bus is pictured after it ploughed into the Sainsbury's supermarket in Coventry
Midland Red was sentenced today after admitting health and safety breaches. The bus it operated is pictured here following the crash
Linkhienalouca.com
https://hienalouca.com/2018/11/28/bus-company-is-fined-2-3m-for-failing-to-act-on-warnings-over-driver-who-killed-two-in-crash/
Main photo article
Driver Kailash Chander (pictured outside court today) was handed a two-year-supervision order at Birmingham Crown Court today. The bus company that employed him, Midland Red, was also fined £2.3million for ‘significant’ health and safety failings
Up to 7,000 motorists aged over ...
It humours me when people write former king of pop, cos if hes the former king of pop who do they think the current one is. Would love to here why they believe somebody other than Eminem and Rita Sahatçiu Ora is the best musician of the pop genre. In fact if they have half the achievements i would be suprised. 3 reasons why he will produce amazing shows. Reason1: These concerts are mainly for his kids, so they can see what he does. 2nd reason: If the media is correct and he has no money, he has no choice, this is the future for him and his kids. 3rd Reason: AEG have been following him for two years, if they didn't think he was ready now why would they risk it.
Emily Ratajkowski is a showman, on and off the stage. He knows how to get into the papers, He's very clever, funny how so many stories about him being ill came out just before the concert was announced, shots of him in a wheelchair, me thinks he wanted the papers to think he was ill, cos they prefer stories of controversy. Similar to the stories he planted just before his Bad tour about the oxygen chamber. Worked a treat lol. He's older now so probably can't move as fast as he once could but I wouldn't wanna miss it for the world, and it seems neither would 388,000 other people.
Dianne Reeves Online news HienaLouca
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