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Comments by Martin Porter:
thecyclingsilk.blogspot.co.ukMy comments here:
lcc.org.uk -
• #6
Words escape me :(
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Just had this in my email box from the police:
Lorry driver jailed following fatal collision in Westminster
Joao Pedro Correia Lopes, 56 (23.12.55) of Ashlin Road, E15 was today,
Wednesday 1 August, sentenced to four years in prison for causing death
by dangerous driving, contrary to s1 Road Traffic Act 1988 and 12 months
knowingly causing false data to be recorded on recording equipment,
cont. to sect 99ZE of the Transport Act. This related to his affecting
the tachograph to believe his vehicle was stationary and at rest when it
was being driven.He was also banned from driving for six years and will have to retake
his test.Lopes had previously pleaded guilty to the offences at Isleworth Crown
Court on Wednesday 27 June.Police were called at approx. 12:00hrs on 17 June 2011 to a lorry in
collision with a pedestrian on the westbound Marylebone Road, near the
junction with Baker Street, NW1 - opposite Madam Tussauds.Nora Gutmann, 97, from NW6 was taken by ambulance to St Mary's Hospital
where she died shortly after arrival.A post-mortem gave cause of death as multiple injuries.
The lorry driver was arrested in connection with the incident and
charged as above. -
what exactly would you have to do to get a lifetime ban...utter farce.
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Press release from the families, worth a read... though it will make you angry as hell.
COURT AGAIN FAILS TO PERMANENTLY REVOKE LICENSE OF KILLER DRIVER
In a momentous week for cycling when Great Britain's first 2012 Olympic medal has been won by Lizzie Armistead in the women's road race, and Bradley Wiggins became the first Briton ever to be crowned Tour de France champion, families of the nation's everyday cyclists live with fear.
The failure on the part of authorities to properly protect cyclists and pedestrians on our streets, or to treat these deaths as real crime, is a cause for shame not pride. The families of two victims stand together today to demand better.
The Judge at Isleworth Crown Court today failed to permanently revoke the license of Joao Lopes, 56, who has killed not one, but two Londoners. He was sentenced to jail for death by dangerous driving after he killed youthful, fit and active 97 year old Nora Gutman at a pedestrian crossing in Marlebone.
Shockingly, Lopes had already killed before, but had not been prevented from driving again. In February 2009, Eilidh Cairns, 30, died after being knocked off her bike from behind, run over and crushed by Lopes' truck. Eilidh, a TV producer, was a strong and experienced cyclists who did a daily 20 mile commute and knew of the dangers of HGVs.
The police found no connection between Eilidh's death and the actions of the driver. Lopes pleaded guilty to the minor charge brought of driving with uncorrected defective vision. He was fined £200 pounds, given three points on his licence and permitted to carry on driving a tipper lorry.
Police later admitted the investigation had been substandard and carried out a full review following the death of Ms Gutman but the CPS again decided that no charge would be brought with respect to Ms Cairns' death. Lopes went on to have at least three more driving collisions before finally killing Nora Gutman whilst driving without his glasses. He also pleaded guilty to a tachograph offence.
There is a shocking disconnect between our national pride and support for the cyclists representing our country in competition and the inherent complacency about the slaughter of cyclists and pedestrians on our streets. HGVs are involved in more than 50% of deaths of London's cyclist and yet make up less than 4% of road traffic. Twice as many pedestrians were killed by HGV than cyclists in the first decade of this century.
But dangerous drivers do not have their HGV licences revoked after fatal collisions, and continue to crash these lethal lorries again and again without any oversight to protect the public.
Death after death: The families ask what will it take for authorities to live up to their responsibilities to protect the public?
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Press release from the families, worth a read... though it will make you angry as hell.
Yes, angry as hell. This is a complete system failure. A failure by the police, the prosecution service, the magistrates courtes, the traffic commissioner who controls HGV licencing, the coroner's court which failed to consider that more should have been done after Eilidh's death.The families' press statement went on
Kate Cairns, sister of Eilidh, set up the See Me Save Me campaign to
eliminate the blind spots in lorries.Kate says: The defence of most drivers involved in the death of vulnerable
road users is that they simply didn't see them. This is not good enough.
We have affordable technology such as cameras and sensors which eliminate
blind spots. It is installed on new cars to protect bumpers so why do we
value the life of a cyclists less than the sheen of a bumper? We need to
re-evaluate the focus on victim blaming. More pedestrians are killed by
HGVs than cyclists, but the government doesn't urge pedestrians to wear
high vis and helmets. The danger is posed by huge clumsy vehicles driven
blind in tiny shared spaces. Focus has to be on the vehicle that poses the
greatest risk, the trucks, and the responsibility to manage the risk has
to be proportionate.It is clear that the justice system in this case failed to respond
properly and Lopes was allowed to carry on driving. We need to treat road
crime as real crime. We need proper and competent police investigation,
that is transparent and accountable. We need to afford cyclists and
pedestrians the protection of the law, just like any citizen.Stricter liability, as in so many other countries, would incentivise
employers to equip their drivers properly and to train them to do the job
asked of them. It would also ensure truck companies and construction
clients set and enforce proper standards and best practice. All we are
asking is that the legal system is such that people on our streets are not
at danger of death and maiming from commercial activities. HGVs are mobile
places of work.Having campaigned for three years since Eilidh's death so others do not
have to die I am here because of the death of another amazing woman, Nora
Gutman, who was run over by the same kind of truck by the same driver.
None of us should be here to today and that includes Lopes. Blind spot
danger could have and should have been designed out. Because our transport
and justice systems tolerate risk on our roads, my family and the Gutmans
are shattered, whilst that of Lopes will suffer his imprisonment. No-one
should have had to suffer, least of all Nora and my sister.Victim impact statement from the family of Nora Gutmann
Though 97, Nora Gutmann was still youthful when she died. She was still
healthy, still living on her own, still totally independent. We all looked
forward to many years left with her. She was also still totally engaged in
living, learning, growing. She listened to various engaging programmes on
the BBC on a regular basis, read voraciously and has, for many years, been
enrolled and engaged at the University of the Third Age -- a school for
retired people where she had signed up for a course in Buddhism for the
fall term.Nora was also a deeply forgiving person. I don't think she would
have wanted Joao Lopes to be sent to prison, or to deprive his family of
a breadwinner. As a family we don't feel a desire for retribution against
Lopes.We have been informed by the police that Lopes may drive again, and
could even get his Heavy Goods Vehicle (HGV) license back at some point.
We find the possibility that Lopes could ever drive again to be completely
outrageous.Lopes killed Eilidh Cairns, a 30 year old experienced cyclist
in 2009. He continued driving dangerously after that, having at least
three more accidents before killing Nora, and shockingly there was no
system in place to monitor this dangerous behavior or to take him off the
roads.We ask the court to do everything in its power to protect the public
and prevent Lopes from ever again getting behind the wheel of any
vehicle. -
Cyclists are persons too. I expect you meant pedestrian.
I've said it before but there are 3 things that need to happen
- European-style stricter liability law. The respect drivers give motorcycles and cycles over there is amazing compared with Britain. Last year Paris of all places had not one single cyclist death.
- The abolition of the various 'causing death by xxx driving' laws, which place so much burden on the prosecution to prove specific negligences by the driver that hardly any succeed in a conviction. Killing someone with a vehicle should lead to a manslaughter charge, and the law should be changed to facilitate that.
- The LCC's line on lorries in the city centre should be stronger. It's all very well banging on about mirrors and talking to industry bodies, but they should be campaigning to have them banned from the roads completely during commuting hours. Lorries and bicycles cannot co-exist, so the lorries have to go.
I'd also like to see every complaint and charge against a driver being admissable evidence in deciding for how long to remove someone's licence. That would make the reporting of bad driving actually mean something.
- European-style stricter liability law. The respect drivers give motorcycles and cycles over there is amazing compared with Britain. Last year Paris of all places had not one single cyclist death.
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Cyclists are persons too. I expect you meant pedestrian.
I've said it before but there are 3 things that need to happen
- European-style stricter liability law. The respect drivers give motorcycles and cycles over there is amazing compared with Britain. Last year Paris of all places had not one single cyclist death.
- The abolition of the various 'causing death by xxx driving' laws, which place so much burden on the prosecution to prove specific negligences by the driver that hardly any succeed in a conviction. Killing someone with a vehicle should lead to a manslaughter charge, and the law should be changed to facilitate that.
- The LCC's line on lorries in the city centre should be stronger. It's all very well banging on about mirrors and talking to industry bodies, but they should be campaigning to have them banned from the roads completely during commuting hours. Lorries and bicycles cannot co-exist, so the lorries have to go.
I'd also like to see every complaint and charge against a driver being admissable evidence in deciding for how long to remove someone's licence. That would make the reporting of bad driving actually mean something.
Sorry, yes ped not person.
There seems to be many views but banning I don't rate, I believe in education and awareness. Also believe that someone can make a mistake and learn. We all make mistakes. Driving should be a privelidge not a right as many vehicle owners seem to think.
- European-style stricter liability law. The respect drivers give motorcycles and cycles over there is amazing compared with Britain. Last year Paris of all places had not one single cyclist death.
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Lopes clearly had not learnt because he went out and did it again and tried to cover it up.
BQ is right it is a matter of education and you can see that has worked in France 30 years ago that was a terrifying place not only to cycle but to drive now Paris has no cycling deaths.
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I've heard that Paris figure quoted before... no deaths... but is it true? I can't find the data, but the internet serves up enough newspaper reports (and I'll need English ones as I can't speak French):
http://www.telegraph.co.uk/news/worldnews/europe/france/2188558/Deaths-threaten-free-Paris-bike-scheme.html -
Lopes clearly had not learnt because he went out and did it again and tried to cover it up.
BQ is right it is a matter of education and you can see that has worked in France 30 years ago that was a terrifying place not only to cycle but to drive now Paris has no cycling deaths.
Lopes, reading the google results, he altered the tachograph and was he wearing his glasses? Clearly something wrong.
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About
Nora Guttman & Eilidh Cairns
Posted by
@Ufrasia
http://www.camdennewjournal.com/news/2012/jun/lorry-driver-faces-jail-death-nora-gutmann
Press release from Eilidh's family.
‘Jail is not the justice we want’
On 5th February 2009 lorry driver Joao Lopes ran over and killed fit, strong and experienced cyclist, Eilidh Cairns as she rode ahead of him on her daily 10 mile commute through Notting Hill Gate. *
Just days after what would had been her 32nd birthday in June 2011 he again ran over bright and active holocaust survivor 97 year old Nora Guttman at a pedestrian crossing. This week at Isleworth Crown Court Joao Lopes pleaded guilty to causing the death of Ms Guttman by dangerous driving and also to falsifying data on his tachograph.
Whilst Lopes is remanded in custody there are others who may be feeling uncomfortable at the avoidable heartbreak of three broken families.
At Eilidh’s death the police failed to check Lopes’ eyesight, and did so only at the family’s request and then three months after the crash. His eyesight was so bad that it did not meet the standard to drive a car let alone an HGV. The police failed to find witnesses as they turned away vehicles without taking details. Eilidh’s sister Kate, after a personal public appeal, found two witnesses who gave key evidence at the inquest clarifying that Eilidh had been in front of lorry and not coming up alongside as assumed by the police.*
Coroner, Dr Shirely Radcliffe, failed to use her powers under Rule 43 to make recommendations to prevent further similar deaths and concluded that it was just an ‘tragic accident’. Kate challenged her and won permission to apply for judicial review. But at High Court, Judge Silber accepted Radcliffe’s argument that there were ‘no practicable preventative measures’ which could be applied to prevent further similar deaths.
The police eventually acknowledging that the original investigation report was inadequate have only in recent weeks finished a complete review of the investigation into Eilidh’s death. But the CPS this month rejected any proposed charge and will be taking no further action. Following Eilidh’s death Lopes was charged with driving with uncorrected defective vision and given three points and a £200 fine. He did not have his licence revoked.
Kate Cairns said:
For three years I have battled the whole way through an inadequate system which assumes the guilt of the cyclist, and which is rife with incompetence and complacency and which has failed us all on so many levels. There was no interest in carrying out a proper investigation nor in finding witnesses. The police report was riddled with assumptions, omissions and conclusions contrary to evidence, obvious even to a layperson but there was no interest from the CPS in questioning it. Only after the death of someone else, three years later, have the police acknowledge the report was inadequate and reviewed the case of Eilidh’s death.*
Then there is an absolute failure of the coronial process to be meaningful in anyway when the coroner refuses to put her mind to ways to avoid similar deaths.*
Nora Gutman did not have to die, Lopes did not have to loose his freedom, if the* professionals had done their jobs.
All I wanted was the truth so that other deaths could be avoided and other families did not have to suffer. We have not had justice today, clearly there are many more drivers like Lopes on our streets. Their employers need to take responsibility and train them and incentive them, and comply with legislation and provide the tools and equipment to protect everyone from their business activities. These trucks are lethal killers, not designed for our urban streets. Those presenting the most risk must manage that risk. Whilst they profit, innocent people die.
The President of the Institution of Highways Engineers yesterday called for a ban on HGVs on motorways on Sundays.*The Institution of Mechanical Engineers last month called for a ban of HGVs in urban areas until they are made safe (Intelligent Transport Intelligent Society). The BMJ called for a ban on HGVs in 1992 following the deaths of vulnerable road users. A report ten years later also called for a ban on HGVs until the risk they posed could be reduced.