Overhanging tree collision, thoughts please...

[diskmandave]

Hi all... I'm Representing at a Disciplinary tomorrow afternoon, I have all of

my bases covered so won't go in to much detail, I just want some last

thoughts about the subject of the accusation please...

 

Member has struck an overhead object on a narrow trunk road road at a

height of 11'10". At the point of collision he is on an Urban Clearway, the

road is marked out with lineage bringing traffic to the left and he is also

subject to a Mandatory Directional Arrow on a new traffic island forcing

traffic to the left. Tree (TRUNK) is overhanging by 30° going by the photo's

taken as evidence, the traffic island is clearly badly damaged by vehicles

taking evasive action and driving into it (plastic island), the tree trunk is

also heavily damaged by previous strikes.

 

Company are claiming Serious Misconduct, Driving Without Due Care and Attention.

Are trying to pass off a photo' of a single deck bus passing under tree which is 1' 7"

lower than truck.. As a previous warning exists Dismissal is an option..

 

Just thoughts please and last idea's, I'm not going into any more detail..

 

Thanks in advance, Dave..

Edited July 8, 2010 by diskmandave
typo..

[diskmandave]

Thanks for looking everyone...

We'll go in with what we've got.. Thanks again..

[Sidewinder]

Hi Dave. So presumably there is no warning to the driver other than the evidence of many previous near misses? Not really familiar with such things, but isn't there a duty on the part of the Highways department to either construct a build-out or some other means of minimising collisions?

 

I would say it was very unfair to punish the driver if he could reasonably expect to drive down a carriageway deemed appropriate for that size of vehicle in every other way. Can't really add much to that - sorry. Hope the guy gets on OK though.

[dx100uk]

if its impeaching the safe passage of legally allowed vehicles for that type of road, which it appears to do, then its a highways issue.

they do not have the legal right to Discipline him.

 

have you contacted the local traffic office or the highways commissioner to enquire about past notices?

 

if its beenthere XXX yrs then there should legally be a hieght restriction sign i think.

 

if its 'fallen' recently, how the hell can he be made responsible?

 

is it a road he has travelled before or any same vehicle on your fleet has gone down before?

 

all you need to prove is either there is no sign where there should be one or that it has moved of recent and even highways/traffic police are not aware it is a hazard.

 

dx