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Scot killed on first day of cross-country ride

(27 posts)

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  1. Zenfrozt
    Member

    A SCOTTISH cyclist believed to be on a cross-nation charity fundraising ride was one of two men killed yesterday after a collision involving an articulated lorry in Cornwall.

    The Edinburgh man in his 40s, who has not been named, is believed to have been on the first leg of a long-distance journey from Land’s End to John O’Groats when he and another cyclist were struck by the 32-tonne vehicle while travelling east on the A30.

    The other victim was a man in his 30s. Police were still waiting to inform his next of kin yesterday, but it is not thought he was Scottish.

    Eyewitnesses described the “shocking” scenes which followed the tragedy shortly after 8.30am yesterday morning. One cyclist was thrown into a ditch at the side of the road, while the other was dragged for about 100 yards by the vehicle.

    Motorists went to the aid of the cyclists but they were both pronounced dead at the scene. The driver of the lorry has been arrested on suspicion of causing death by dangerous driving. The man, who is in his 30s and from the Devon town of Holsworthy, has been released on police bail while investigations continue.

    Posted 10 years ago #
  2. fimm
    Member

    He was a club mate of mine at Edinburgh Triathletes. Obviously the news has gone round the club but I won't post his name as it doesn't appear to have been released to the media yet.

    RIP.

    These things happen to "other people", if you see what I mean. It hits home when it is someone you know.

    Posted 10 years ago #
  3. Dave
    Member

    Condolences.

    When I rode from Land's End I gave the A30 up as a bad job after just a few miles - it's like riding on the M8 would be, except the M8 has a hard shoulder.

    Sad to hear that what I feared myself has come to pass for others :(

    Posted 10 years ago #
  4. Thoughts with the family (and friends). :(

    Posted 10 years ago #
  5. stiltskin
    Member

    What terrible news. My sympathy to all who knew him

    Posted 10 years ago #
  6. ARobComp
    Member

    Heard in the Tri-centre this morning. Absolutely horrifying. Thoughts with family and friends.

    Posted 10 years ago #
  7. chdot
    Admin

  8. fimm
    Member

    Thank you.
    That article sums up Andrew very well, always enthusiastic and encouraging.

    Posted 10 years ago #
  9. custard
    Member

    sad news indeed

    Posted 10 years ago #
  10. amir
    Member

    That's awful

    Posted 10 years ago #
  11. Charterhall
    Member

    A worrying time for the lorry driver, he's looking at three points on his licence for that. But they'll probably let him off, that's what usually happens.

    Posted 10 years ago #
  12. chdot
    Admin

  13. Tulyar
    Member

    The lorry travelled around 100 yards dragging one of the cyclists. Does it really take 100yards to stop from 40 mph when driving a truck?

    Whole detail sounds dreadful.

    I'm compiling some detail on this as it seems far too many truck crashes are not only a failed to see before the crash but also failed to hear/notice the bump and noise of bike being smashed up/screams/shouts etc.

    Recent London inquest - impact at 13mph - and 49 metres to stop - after bystander who had witnessed crash leapt about and flagged down driver.

    Katherine Giles - driver had to be stopped by off duty Police Officer well after crushing Katherine when he turned corner. Hope Fennell, bystanders had to stop driver. The list could be pretty substantial I suspect.

    My own experience, truck driver pulled out from turning on right despite my usual high volume audible warning - but I saw he was not looking in my direction as he drove out in front of me, so rode up over the footway and stopped in front of truck. There was then a short and vocal lesson in road safety.

    Posted 9 years ago #
  14. Murun Buchstansangur
    Member

    "Palmer has also been charged with a further count of dangerous driving in relation to another crash on September 21, 2013, on the A30 near Okehampton."

    Seriously? If he was behind the wheel of a lorry & is not self-employed, his employer needs to be publicly named, shamed & reported to the goods vehicle licensing authorities. In what other 'profession' would one not be suspended while under investigation by the police for killing someone (two people, actually) in the course of one's job?

    Posted 9 years ago #
  15. chdot
    Admin

    "
    Palmer, from Bude, Cornwall, was bailed and will be sentenced at a later date.

    "

    http://www.edinburghnews.scotsman.com/news/lorry-driver-admits-killing-charity-cyclists-1-3461196

    Posted 9 years ago #
  16. fimm
    Member

    Pleaded guilty to three counts of death by dangerous driving:

    "At Truro Crown Court in Cornwall Robert Palmer, 32 ... pleaded guilty to causing the death of Mr Wallace by dangerous driving, and the death of Mr McMenigall by dangerous driving on July 2nd last year.

    He also admitted a charge of dangerous driving on the A30 at Whiddon Down near Okehampton, Devon, 11 weeks later in September 2013 in another artic lorry."

    Posted 9 years ago #
  17. le_soigneur
    Member

  18. fimm
    Member

    "At the time of the crash Palmer - a night time delivery driver for Frys Logistics Ltd in Launceston - had little sleep because instead of resting during the day he was working on vehicle maintenance for the firm.

    He was also habitually using his iPhone to send text messages... the fatal crash happened at 8.30am as Palmer returned to his depot ... Drivers ... noticed Palmer’s erratic driving on the 50mph A30 and he weaved across the dual carriageway and ran over the rumble strips alongside the hard shoulder.

    One car driver had overtaken Palmer’s lorry and moved over to the other lane to give the cyclists room as he passed them...in his rear mirror he basically saw the lorry mow both of the cyclists down"

    Posted 9 years ago #
  19. fimm
    Member

    Ah.
    According to the BBC "Palmer had pleaded guilty at a previous hearing to two counts of causing death by dangerous driving. He was sentenced to seven-and-a-half years for each count, to be served concurrently... " plus 1 year for an additional charge of dangerous driving, to be served consecutively.

    Posted 9 years ago #
  20. fimm
    Member

    Thanks to Claggy Cog for this link:
    http://road.cc/content/news/128916-lorry-driver-jailed-8-12-years-killing-lejog-charity-riders
    This time you should read the comments, as someone who knows what they are talking about (or appears to, at any rate) is saying some useful things.

    The other case that was in the news recently was the man who killed a cyclist while looking at photos on his mobile phone. He pleaded not guilty, was found guilty and was given a 5 year sentence with a 10 year ban. So Palmer, who pleaded guilty, and was given 7.5 years per death plus a 10 year ban, appears to have been sentenced as harshly as the judge is allowed to, if I'm understanding the person on the road.cc thread correctly (and they are correct in what they are saying).

    Posted 9 years ago #
  21. sallyhinch
    Member

    More fairly knowledgeable discussion on sentencing decisions on that case in Wales here

    Posted 9 years ago #
  22. dougal
    Member

    On the night shift but working during the day? Falsifying tacho records? Tell me there's going to be serious fallout for the haulage company.

    Posted 9 years ago #
  23. le_soigneur
    Member

    You would think a big case of corporate manslaughter, seeing as Fry's had him (a night driver) also working days on fleet maintenance so must have been aware of Tacho tampering. At the very least, a civil suit.
    "The nighttime delivery driver for Frys Logistics Ltd hadn’t slept during the day because he was repairing vehicles for the firm. "
    "After the crash, Palmer, from Bude, Cornwall, told police that having finished an identical shift the previous day, he had slept up until 6.30pm. But investigations proved this was a lie and he had in fact worked on maintenance at the Frys Logistics depot until 3pm before returning home for a few hours’ sleep."

    Posted 9 years ago #
  24. fimm
    Member

    Thank you for the link, sallyhinch.

    That's a good point about the company's responsibilities; but who would decide to prosecute?

    Posted 9 years ago #
  25. fimm
    Member

    Here's "The Cycling Silk" on the subject: http://thecyclingsilk.blogspot.co.uk/2014/09/further-court-update-r-v-robert-palmer.html

    and here, perhaps more interestingly, is the CTC on the subject that le_soigneur raises of the employer's responsibilities: http://www.ctc.org.uk/blog/rhiaweston/lorry-driver-sentenced-spotlight-needed-operators

    From the CTC article:
    "The company Palmer worked for – Frys Logistics – had its operating licence revoked in December 2013, six months after the fatal collision on the A30. CTC suspects the decision to withdraw the licence was in large part based on the involvement of the company in the incident in which Andrew McMenigall and Toby Wallace were killed. In order to continue after the operating licence had been rescinded, the company’s owners set up a new company with a tenuously different name – Frys Transport. It seems all a company has to do to carry on business as usual when it loses its operating licence is to set itself up again under a different name."
    Which is pretty apalling, IMHO.

    Posted 9 years ago #
  26. fimm
    Member

    Well Fry's Logistics and its transport manage Darren Fry have both had their licences removed for 10 years:
    http://www.ctc.org.uk/news/20151117-profit-supercedes-road-safety
    That is quite a long article from the CTC and covers the wider issues of the limits of regulating operators.

    Posted 8 years ago #
  27. Tulyar
    Member

    It has taken a lot of work to get this far with Fry's, and I'm massively disappointed in Sheriff Beckett's report for not widening its focus as Cullen did for Piper Alpha and Ladbroke Grove.

    @fimm I think you've got some mixed up chronology there. Arthur C Fry ran AC Fry Transport succeeding his father with the business, from Trerice - a farm at the end of a narrow Cornish lane. In addition Edward Fry ran a plant hire and haulage operation from the same base.

    In 2010 Arthur Fry had his O licence revoked, his repute voided and was prohibited from managing a transport operation - it seems he did not appear, and the same month his name was on the application by Mark Fry (his son?) to hold the position of Transport Manager - a role requiring a Certificate of Professional Competence (CPC) It took 14 months and 2 scheduled Public Inquiries before the O Licence was granted for Frys Logistics with Mark Dry named as the Transport manager and a very clear condition attached that Arthur C Fry would play no part in the running of the new company (despite presumably still living at Trerice the company's registered operating base).

    Then in 2013 just 2 years after the licence was issued to Mark Fry came the fatal crash. Within a month of this Mark Dry applied for a change of operating base - moving to Scarne, in a purpose built facility close to the A30, within 4 weeks that application was approved with no conditions or commentary (Alan Drummond, whose driver killed Barry Neve did exactly the same thing, moving from Canning Town to a site shared with several other small companies on the old Barking Power Station site - a location still used by Hayley Drmmmond who has the same Canning Town address as Alan Drummond and registered to operate HGV's just 3 months before Alan Drummond had his licence revoked... notice any pattern?).

    Frys Logistics continued to operate and in January 2015 Mark Fry was prosecuted and fined for his own driving offences, uncovered in the investigation of the 2013 crash. Then finally, after steady pressure to get the case before the Traffic Commissioner Sara Bell held an Inquiry in November - Mark Fry did no show up and in his absence he had the O Licence revoked and was stripped of his repute.

    Now there is a key issue which has been quietly ignored throughout this case - Frys Logistics were operating these trucks to deliver supplies for supermarkets in Cornwall - a contract for Lidl Supermarkets.

    Now in the general sense it is a required measure for any corporate body to carry out due diligence when buying goods or services, as ultimately it is the principal client who should carry liability for all those with whom they sub contract for delivery of goods or services, and we have to then ask what due diligence, and monitoring does Lidl carry out for the contractors who carry their goods around the UK.

    A question to ask - between May 2010, when AC Fry had their licence revoked and July 2011 when Frys Logistics slipped seamlessly into doing a number of contracts, including the Lidl one... who was providing the trucks and drivers?

    I've asked Lidl for comment but nothing comes back so where from there?

    Posted 8 years ago #

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