After Glasgow Council was fined £20,000 in 2014 when a refuse truck driver killed a pedestrian whilst reversing in a lane (restricted space & visibility) with no attendant on foot in charge of ALL traffic movements (All includes the truck driver, plus all pedestrians), all refuse collection vehicles have at least 2 crew on board, and the second crew member takes charge for reversing & other vehicle movements where the working protocol for a collection round identifies the hazard
This was a prosecution per Section 3 of HSAWA 1974, and can carry an unlimited fine with an option of a prison sentence. The prosecution can attach to the principals - ie the head of the chain of command, especially where the officially accepted operating practice is a key factor in causing serious harm to both employees and non employees. The Coventry bus crash saw Stagecoach West Midlands fined £2.3 million for knowingly allowing the 77 year old driver to continue driving buses, when their own independent assessor had identified the high risk this driver presented (ie another Harry Clarke?)
In 2016 Stirling Council reprised this after their refuse truck driver reversed over another victim using his mobility scooter. They were not prosecuted for this one
I was nearly hit by an NWH driver reversing at speed into a bin area in Glasgow. All NWH refuse collection rounds appear to operate with driver only, and also in common with trucks involved in several fatal RTC (Alan Neve - Holborn - S7 DHL/Min Soh - Bank - B8 LWT/ Emma BG - Broomielaw - J24 BPH/4 killed - Bath - L8 CWT/Thomas Wong - Edinburgh - B9 NWH) all have vanity registrations for company branding not that there's a pattern there?
There may be a case for Edinburgh to use Section 97 option to licence commercial refuse collection with the requirement that all collection rounds have a CLOCS standard risk management plan, and all vehicles have a minimum crew of 2 with the second crew member managing risks, such as emerging from a place with restricted sightlines of a footway, or carriageway that runs across the path of the truck. Per HSAWA 1974 the truck operator should have an operating protocol that accounts for the risk of driving through pedestrian traffic on a footway, with priority of passage for pedestrian traffic flows, a detail that the Golf Club will need to review here perhaps?, and a question that needs to be raised at any FAI hearing
Now that the trial is concluded there should be an inquest (an FAI in Scotland) and I'd hope that the detail I've noted is raised there
Have PM to edi.bike