Bus driver banned from the road after nearly crushing a cyclist against granite wall

Bus driver banned from the road after nearly crushing a cyclist against granite wall

The cyclist, who desperately banged on the side of the bus to try to alert the driver, escaped with just a grazed arm.

A witness said they feared he was going to die, the Magistrate’s Court heard.

The driver – 29-year-old Gilberto Freitas Gouveia – was this week banned from the road for six months and fined £2,000 after admitting one count of driving without due care and attention.

LibertyBus say a disciplinary hearing will now be held into the conduct of Gouveia who, it was heard, already had a previous conviction for a similar offence.

In the wake of the case, a local cycling group said too many motorists were risking the lives of cyclists by overtaking in dangerous locations just to save ‘a couple of seconds’ on their journeys.

The government’s Sustainable Transport Policy, which was published on New Year’s Eve, outlines plans to get more Islanders out of their cars and onto bikes. In particular, there are schemes to increase the number of children cycling to school.

Ian Williams, president of cycling group Jersey Rouleurs, said he and others had experienced similar incidents to the one described in court.

‘We have this all the time. Jersey Rouleurs reports show that, as a group, or riding individually, close passes are not uncommon; they are frequent. We have footage of them and we have passed them on to the police in the past. It has been buses, lorries, tractors and cars.

‘We appreciate we are not the fastest thing on road, but the speed limits are 20, 30 or 40mph, and we are going at about 25mph so we are not far off.

‘What is a couple of seconds compared to crushing and injuring a cyclist?’

In court, St Peter Centenier Joao Camara, prosecuting, said the cyclist was going from St Ouen to St Helier when he noticed a bus coming behind him. It was heard that the bus went to overtake the cyclist but left little room for the rider who began banging on the side of the bus in an attempt to alert the driver.

Eventually, the cyclist came to a gap in the wall and pulled out of the way. When he stopped, it was heard that he scraped and grazed his arm and suffered whiplash.

Evidence was given from a witness to the incident who said she was scared and feared the cyclist was going to die.

Gouveia, the court was told, believed he had left enough room and when he couldn’t see the cyclist in his mirror, he presumed he was behind him. His Advocate, Estelle Burns, said if her client had had heard the banging on the side of the bus he would have stopped, and he was sorry for what had happened.

Advocate Burns, defending, described the incident as ‘a matter of gross error and misjudgment’ on the part of her client, who had since undergone a safer driving course. She added he was thankful the cyclist had not suffered serious injuries and said that if he was banned from driving it was very likely he would lose his job.

Mrs Shaw said: ‘You have pleaded guilty but it is your second offence of this nature and if the cyclist was crushed it could have been very serious. I am going to fine you and I can’t escape giving you a disqualification.’

Gouveia was fined £2,000 and banned from driving for six months.

A spokesperson for Liberty Bus said: ‘There was no damage to our bus and there was no CCTV available for this incident. The driver has been employed by LibertyBus since April 2019 and has had no previous accident history with us. Following the conviction we will now undertake a disciplinary hearing with the driver.’

When asked if there was guidance or minimum standards to which drivers should adhere, LibertyBus said any information on driving standards should be referred to DVS.

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