Dailly bus driver found guilty of driving dangerously
A Patna bus driver has been found guilty of driving his coach dangerously by taking it through deep flood water in Dailly last December.
A bus driver who drove in to chest-high flood water during Storm Frank, becoming stranded and causing his passengers to be air lifted to safety, has been convicted of careless driving over the incident.
But Tudor Davies, who was sacked by Stagecoach as a result of the drama, which left passengers fearing they were going to die, has been allowed to keep his driving license.
Ten adults and two children were left trapped on the Stagecoach bus being driven by Davies, 49, in Dailly, Ayrshire, on December 30 last year. The number 58 bus they were on - which was on a diversion from its usual route between Ayr and Girvan because of the weather - became engulfed by flood water.
The men, women and children - who were just five and seven - had to stand on top of the handles on the back of the seats for over three hours before being airlifted to safety by a helicopter.
Davies, of Patna, Ayrshire, denied driving the Man M2000 18.220 Hocl Stagecoach bus dangerously in Dailly's Linfern Road on December 30, 2015. Prosecutors claim he breached Section 2 of the Road Traffic Act 1988 by driving a "public service vehicle in to an area of road which was heavily flooded by water, to the danger of passengers on said public services vehicle."
Giving evidence at his trial, passengers said the bus took less than a minute to fill with water which was so high it went up to their chests.
Passengers Phyllis Young, 61, and Josephine Smylie, 67, said they feared they might die as water poured in to the bus.
Young said: "I remember the driver saying, 'you're going to need your wellies'.
"I saw water coming in the bus.
"It was coming in the front door.
"It took seconds for the bus to fill up.
"I was watching the water level and thought, 'if this keeps going we're basically done for'."
Smylie said: “When I saw the water I thought, ‘Please God, don’t let us go into the water.’
“We didn’t stop for long, then the driver started the engine and we went in. As we were driving into the water I phoned my husband and said ‘Jim. I’m in Dailly and the road’s flooded.
“‘I think we’re going to go into it and drown. I love you and I love the kids.’
“I thought the bus would go under."
Passenger John McNaughton, 70, himself a retired bus drive, added: "The mother of the children was saying, 'I hope he's not going to drive in to that' or speaking to the driver saying, 'I hope you're not gonna drive in to that'.
"Before you drive a bus - before you even get behind a wheel - the first thing you're taught is the health and safety of all the passengers on board is the most important thing.
"The mother of the kids, she was hysterical. "I can't seem to get the sound of that and the kids shouting... the mum was shouting, 'we're going to die! My kids are going to die!'
"I reckon folk were fearing for their lives at one point."
Giving evidence in his own defence, Davies insisted he thought it was safe to proceed- before his bus turned in to an out-of-control boat.
He explained: "I always stop to assess before I make any decision - the safety of passengers is imperative.
"I started moving forward but slowly, my speed was no more than five-miles-per-hour.
"I could see the water level through the door - it was way below the level of the bus.
"Then, all of a sudden, I could see the water level starting to rise.
"The flood was coming up the road towards the bus like a surge of water.
"I tried to stop and tried to steer the bus but the force of the water lifted the bus up.
"The bus became like a boat.
"The force of the water actually lifted the bus and the water came in to the bus - it actually moved the bus across the road.
"A section of the wall next to the river actually collapsed as we went through which caused the surge of water."
Davies, who has been a bus driver for 15 years and has won awards for his safe driving, said he was remorseful for what happened and tried his best to keep control of his vehicle.
He explained: "My first reaction was actually to stop the bus but the force of the water lifted the bus up.
"The bus was sort of floating and there was no way of stopping the vehicle.
"The bus became out-of-control.
"Your initial instinct as a driver is to try and steer the bus, to try and brake, but obviously nothing was happening.
"The bus floated across and crashed in to the trees.
"I was very nervous and very scared.
"The bus went in to the trees and smashed the offside windows.
"There was glass everywhere - I was trying to get the glass off myself.
"I tried to get out of the cab.
"The force of the water actually opened the bus doors and the water came in - the force of the water meant I couldn't open the cab.
"I was trapped in the cab, the water was probably at chest height.
"I climbed on top of the steering wheel and on top of the seat.
"I was still in about a foot of water but there was nowhere else to actually go.
"I had no doubt that day it was safe for me to proceed.
"I'm sure if we'd gone through that water and that wall hadn't collapsed we would have made it through that flood."
But Sheriff Mhairi Mactaggart ruled that Davies' driving was reckless and she convicted him of breaking Section 3 of the Road Traffic Act 1988 by driving without due care and attention - as opposed to the dangerous driving charge he faced trial on.
As she did so, she said: "I consider this to be a significant error of judgement and one taken without consideration for your passengers."
And she said she did not consider his driving on the day in question to be of a standard she would expect from "an experienced, competent and careful driver."
Defence solicitor Tony Currie said Davies, who is now working as a furniture delivery driver, would lose his job if he lost his license.
He described the incident as "a one-off" and said it was attributable due to the "extreme weather" which Storm Frank brought.
As she endorsed Davies' license with nine penalty points and fined him £2,000, Sheriff Mactaggart said: "I do consider this driving was at the higher end of careless driving and do have in the circumstances the discretion to disqualify you.
"In all of the circumstances I'm going to proceed on the basis that your license will be endorsed with the largest number of points I can impose - nine points."
The court heard that Davies had been awarded a certificate and a badge in 2013 and 2014 for making the Green Road Fleet Elite.
The accolade is described as being "the highest green road honour" and is awarded only to drivers who have the best driving record according to a secoring system based on a GPS system that tracks their manner of driving.
But, the court heard, he did not receive one for 2015 because he was sacked from his job due to the Storm Frank incident.
When asked if he wanted to comment on the case outside court, Welshman Davies replied: "No thanks, pal."