A BUS driver with a history of blackouts who passed out at the wheel and killed a colleague will not be prosecuted, it has emerged, as a leading industry figure called for “greater quality control” over who can drive passenger vehicles.
A fatal accident inquiry, due to resume today at Glasgow Sheriff Court, previously heard that First Bus driver David Logue, 47, twice had his licence reinstated following crashes in 1998 and 2008, caused when he lost consciousness while driving.
On March 31 2012, Mr Logue was steering a double decker on Cathcart Road, Glasgow, when he suddenly blacked out for a third time. The vehicle veered out of control and crushed grandfather and fellow First Bus driver, Jim Lochrie, 62.
The case comes amid continuing controversy over the Crown Office’s decision to rule out a prosecution against bin lorry driver, Harry Clarke, on the same grounds, despite evidence that he had repeatedly lied to doctors, the DVLA and employers about a long history of faints and dizziness. This included a blackout at the wheel of a stationary bus in 2010 with First Bus.
Mr Clarke failed to disclose the episode when applying for a post at Glasgow City Council driving buses for disabled schoolchildren, and continued to deny any history of blackouts even after killing six people when he passed out at the wheel of a bin lorry in Glasgow last December.
The family of Jacqueline Morton, who died in the George Square crash, said yesterday the Crown was “factually and legally incorrect” not to prosecute Mr Clarke. Their lawyer added the decision had 'no basis in law.'
Labour has also called for the Crown to give a full explanation of its decision-making.
The Crown Office has confirmed that Mr Logue, who had been open with the authorities about his prior blackouts - attributed to a “cardio-vascular incident” and high blood presssure - will not face prosecution over Mr Lochrie’s death. The third blackout was blamed on dehydration.
A Crown Office spokesman said Scotland’s most senior lawyers had reviewed the circumstances and concluded that there was “no evidence to suggest that the driver’s conduct at the time amounted to a breach of the criminal law”.
The circumstances around both the Logue and Clarke inquiries have raised questions about how the public transport operators can guard against such incidents.
Ralph Roberts, managing director of McGill’s Buses, said: “The details coming out of the FAI are very worrying and have caused us to look at what we can do, internally, to learn from this tragedy and minimise the chances of something similar happening.”
Mr Roberts added that that he has written to the Traffic Commissioner for Scotland, Transport Minister Derek Mackay and his own local MP urging changes in the law to hand operators “complete visibility” of the employment records of job applicants.
He said: “If a [passenger carrying vehicle] driver was legally bound to allow their personnel file to be given from their previous employer to their new employer, there would be much greater quality control of who is put behind the wheel of a large vehicle.”
George Mair, director of CPT Scotland, which represents bus operators, said there were already “a lot of checks and balances” in place, but the industry was ultimately guided by the DVLA, who were in turn reliant on the advice of medical professionals.
Bus drivers undergo a full medical prior to employment, with drivers over 45 given check ups every three years, increasing to annual medicals for over-65s. Both the driver and the bus company are also legally required to report an illness to the DVLA that might jeopardise his or her ability to drive safely.
Mr Mair said recent events would undoubtedly “stimulate discussion” among operators.
He added: “The paramount issue for bus operators is to ensure the safety of their passengers and staff, so we would never be complacent if there’s things that should be looked at and discussed.”
A spokeswoman for First Glasgow said: “All employees have a duty to be open and realistic about their personal health situation, and to inform us of any health conditions which may affect their work, through the clear processes that we have in place.
“The current accident investigations, with which we are cooperating fully, are still ongoing and we will examine any conclusions and recommendations carefully.”
The FAI into the bin lorry crash continues today.
Sheriff John Beckett, who is hearing the probe, has asked the Crown Office to confirm its position on whether or not Mr Clarke will be prosecuted for common law fraud for failing to notify the DVLa about his previous health problems.
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