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Tipper truck driver had radio on but was on lookout for blindspot

Banff Sheriff Court
Banff Sheriff Court

The driver of a tipper truck who reversed over and killed his foreman has told the court he had his radio on but was well aware of his blind spot.

Christopher Penfold appeared in Banff Sheriff Court yesterday accused of careless driving having reversed without maintaining a proper look-out, causing the death of William Black.

The 58-year-old denies the charge.

Penfold was working alongside Mr Black carrying out flood repairs on the B9005 Fyvie to Methlick road on 26 January 2016 when the incident happened.

Mr Black died at the scene from his injuries.

On the fourth day of Penfold’s trial the court heard that he continues to work as a lorry driver but since the incident a reversing camera has been fitted to the vehicle.

Depute fiscal Iain Gray asked about the radio, which had been briefly mentioned in previous days of the trial.

Penfold, of Belfatton, Lonmany, told the court: “The radio was on. I just turn it to a volume I can hear it.

“The radio is on all day every day, it’s on in the cab from first thing in the morning to the last thing at night.”

During questioning Penfold was asked about what he could see, where the workmen walking up the hill were and if he was aware of his blind spots.

He told the court: “I know exactly where the blind spots are – the smaller wide-angle mirrors look behind me and I can see over and above to further up the road.

“I can’t see the 20metres (65ft) behind me but I can see beyond that.

“The mirrors are my eyes to the back.

“When I’m reversing I continue glancing in my mirrors as it’s ingrained in me.

“For me, there’s an expectation of the experienced workers not to walk behind a moving vehicle with lights and buzzers going.”

“I wouldn’t class it as a difficult manoeuvre, it was just a 200metre (656ft) reverse – just all in a day’s work.”

Mr Gray read sections of the Aberdeenshire Council Roads Health and Safety Handbook to the court, asking Penfold if it contained anything new.

He confirmed to the court the information was things he already knew.

Defence advocate Gavin Anderson asked whether Penfold had seen the supporting documents mentioned in the introduction to the handbook and he told court he never had.

Mr Anderson then asked whether Penfold cared for the men he was working with, to which he replied: “I care very much.”

Sheriff Robert McDonald concluded the accused’s evidence but the defence wanted to bring forward more evidence.

The case has been adjourned and will continue at a date later in summer.