Driver who ploughed his bus into a f lood can keep his licence
A BUS driver who drove in chesthigh flood water and became stranded with his passengers was allowed to keep his licence yesterday.
Tudor Davies was convicted of careless driving over the drama which took place during Storm Frank in December.
He and his passengers – ten adults and two children – had to be airlifted to safety after being left trapped on the Stagecoach vehicle in Dailly, Ayrshire.
Davies, 49, had originally faced trial charged with dangerous driving but was given nine penalty points and fined £2,000 after being found guilty of the lesser charge.
Sheriff Mhairi Mactaggart said: ‘I consider this to be a significant error of judgment and one taken without consideration for your passengers.
‘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 the circumstances I am going to proceed on the basis
‘I thought the bus would go under’
that your licence will be endorsed with the largest number of points I can impose – nine points.’
Defence solicitor Tony Currie said Davies, who was sacked by Stagecoach and is now working as a furniture delivery driver, would lose his latest job if he lost his licence.
He described the incident as ‘a one-off’ and said it was attributable to the extreme weather.
Ayr Sheriff Court had earlier heard that the number 58 bus which Davies was driving – which was on a diversion from its usual route between Ayr and Girvan because of the conditions – became engulfed by flood water.
The passengers, including children who were aged only five and seven, had to stand on top of the handles on the back of the seats for more than three hours before being rescued by helicopter. Giving evidence at Davies’s trial, passengers said the bus took less than a minute to fill with water which was so high it went up to their chests.
Phyllis Young, 61, 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 done for.”’ Another passenger, Josephine Smylie, 67, added: ‘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.
I 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 that the bus would go under.’
Passenger John McNaughton, 70, who is a retired bus driver, added: ‘The mother of the children was saying, “I hope he’s not going to drive into that”. 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”.’
Giving evidence in his own defence, Davies insisted that he thought it was safe to proceed but was left helpless after the bus was lifted by the force 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 added: ‘The bus floated across and crashed into 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.’
Storm Frank saw homes and roads in Scotland flooded and hundreds of people evacuated.