Tractor driver nearly drove into train’s path
A rail disaster was narrowly averted after a Perth farm worker drove his tractor over a level crossing and straight into the path of an oncoming train.
Driver Andrew Gardner was forced to apply the emergency braking system on the Inverness-Perth passenger service and managed to pull up just feet from smashing into the tractor.
Sheriff William Wood said it had been accepted that 32-year-old Zbigniew Wasik, of Dunkeld Road, had been signalled to cross by his supervisor.
“Although this was a momentary lapse, it was a significant momentary lapse.
“And it’s more by luck than good judgement a disaster didn’t result,” noted the sheriff.
The accused’s lawyer had asked that a financial penalty be considered but Sheriff Wood said the “level of culpability wouldn’t meet the imposition of a fine.”
Instead, Wasik will have to complete 160 hours of unpaid work within six months as a direct alternative to a jail sentence.
He admitted at an earlier court that he “culpably and recklessly” drove the tractor across the open level crossing at Dalnaspidal, near Pitlochry, on October 18 last year, to the danger of himself, the train driver and the occupants of the train.
The court heard previously that the accused had failed to call signallers to get permission to drive over the level crossing while at work, instead taking his cue to cross from a “senior” colleague.
In choosing to ignore protocol as well as signs clearly indicating that he should have telephoned Dalwhinnie Station to get clearance, it was said Wasik put passengers at “serious” risk.
Depute fiscal Lisa Marshall told the court that someone unknown had left a gate open at the level crossing that day and that Wasik had been waved across the line by a colleague while he was apparently transporting goods between a depot and a nearby estate.
It was only when Wasik had moved his tractor over the crossing that he “became aware of a train approaching,” she said.
“The train driver sounded the horn to alert the accused and had to apply the brakes,” she continued.
“He then had to apply the emergency brake.”
Ms Marshall said the train eventually came to a complete stop within a few feet of Wasik’s tractor - but he then simply continued on with his journey.
“[The train] stopped and narrowly missed the accused’s tractor by a number of feet,” she said. “The train driver, within minutes, reported the matter to the police.”
Ms Marshall said the train driver, who had been in the job for over 30 years, was left “shaken” by what had happened and that he had commented it was the closest he had ever come to colliding with a vehicle during his time on the railways.
Solicitor advocate Jim Laverty said his client was “unlikely” to re-offend.
“He’s been highly affected by the trauma of the incident and the possible tragic consequences.
“The potential for harm to others hasn’t escaped him.”
The offence had taken place over a year ago and the matter had been “hanging over his head” since then.
Sheriff Wood said he had considered imposing a prison sentence but the Community Payback Order recognised that Wasik wasn’t the only person at faul.
But he added: “You were the person who was driving the tractor at the time.” Dalnaspidal level crossing