Driving without due care and attention

[jpts]

I am a new bus driver. I was driving my bus when I came to a stop at traffic lights on an extremely busy junction. There were three lanes, one to turn left (My lane) the other to go straight on or turn right and the other for oncoming traffic. As I started to pull off I noticed in my right mirror the side of my bus seemed to be touching another vehicle. I immediately stopped, I was travelling at about 5 miles per hour before I stopped. As the junction was very busy, and at the top of a steep hill I feared that getting off the bus there would put myself, my passengers and other road users at risk. I still wasn't sure whether I had made any contact with the other vehicle, I probably did. The other vehicle then moved over to the right which then I could see a clear gap between us, and we pulled off together. Just round the corner I immediately pulled over in a safe place to talk to the other driver. The other driver did not follow me. I immediately reported the incident and filled out an accident form at work. Myself and my superiors simply thought that if I had collided with the other vehicle they would soon be in contact. Instead I am now being charged with driving without due care and attention, failing to stop at the scene and not reporting the incident. Yes, the other driver just contacted the police instead of dealing with it direct with my company. I had no intention of hiding anything, just a stupid mistake by me. When I plead guilty, obviousy I will loose my job and licence, but am i also probably going to loose my car licence? Any advice please!!

[Panic Button]

I remain entirely unconvinced that the 6 points in two years applies to PSV licences.

http://www.direct.gov.uk/en/Motoring/LearnerAn dNewDrivers/NewlyQualifiedDrivers/DG_4022566

Note on this that it specifically says within two years of taking your first driving test.

Your first driving test was your car test.

Someone is winding you up.

[jpts]

jno - Yes, I was in my lane, but as I have admitted because of the length of my vehicle and the fact I was on a right hand bend just before turning left meant that the side of my bus must have been partially over into the other lane, thus the scrape along the other vehicle. I obviously underestimated the length of my bus at this bend. Not to make excuses but as pretty much a brand new bus driver my experienced colleagues seem to agree this is a common error by newbies like me. Still it seems I collided with the other vehicle and I'm going to kick myself to death for this stupid collision. Somebody pass me the hang rope!

[jpts]

Panic Button - I see where you are coming from, but....When I passed my bus test my examiner stated that I have to keep it clean as there was a two year period that I could loose the licence if I amassed 6 or more penalty points. I believe from reading the link you posted the words were "Two years from your first test". This to me means your first test would be just that, a first test for a car, later on it would mean my first test for a bus - so I would be deemed as recently passing my test for the first time. I am however unclear as to whether I would loose my full car licence as well, but I don't believe so. Hope this makes sense, I think.

[Panic Button]

I am sure your instructor is wrong.

This is under the New Drivers Act.

You are not a new driver, but have just added a category to your licence.

I am made more sure of this by reading the second paragraph about drivers coming from other countries. Although it doesn't apply to you, it makes reference to the possibility of a test in another class of vehicle (HGV is the example) being the first test in this country.

I have passed PSV and HGV tests since this law came in in 1995, and no instructor ever suggested to me that there was any such worry.

[jpts]

Panic button - The paragraph says, "The first driving test you pass in this country for another type of vehicle eg a heavy goods vehicle (HGV) is treated as a first driving test."
so clearly from this it could say," The first driving test you pass in this country for another type of vehicle eg Passenger carrying vehicle (PCV) is treated as a first driving test." So this seems to prove my point. My PCV was 'another type of vehicle' and would be treated as 'a first test'. So my examiner would have been correct in his advice and I would remain completely stuffed!

[Panic Button]

No.

What they mean is it is for two years from your first test. It could be a motorbike test or a car test.

However someone might come from a 'designated' country and swap their licence for a GB licence. If they later take a test in this country for another category of vehicle (HGV or PSV), then that is their first test in this country and the two year rule applies.

You took your first test 17 years ago, so have nothing to worry about.

Was the examiner who said this a DSA examiner, or a qualified bus company employee who examines?

[jpts]

DSA examiner. You may be right, I hope so but if I am found guilty would this be 3 separate offences, failing to stop, not reporting an accident and driving without due care and attention? Not sure how it will work. If it's three offences they might as well lock me up and throw away the key. Anyway I am very grateful for your determination in proving me wrong! Every little helps!

[Panic Button]

Unusual for a DSA examiner to be wrong.

An aquaintance of mine is a DSA exmainer on many categories. It may take some time for me to contact him, but I will try to find out the truth.

As regards your other questionsI can't help, except to sat that I would fight it. I certainly would deny failing to stop or report. Driving without due care seems a bit heavy for a minor ding.

Have you always been a pessimist?

[jpts]

Well not always! I guess I'm just feeling a little bit depressed again, came out of a bad bout of it a year or so ago. Found a job (bus driver of course), just worried about losing it all again, don't want to walk that path again!

Cheers for your hard work, much appreciated.

[Panic Button]

You would be hard pressed to find a driver of large vehicles who ddn't nudge against something, or worse, in their early years

Don't dwell on it, but be proud of what you have achieved.

[jpts]

pink-kittens - If you manage to read this please can you clarify the information you gave about the Union TGWU. When I looked this up online the union seem to be Unite the union of which I am a member. Just a bit confused. Is it a case of these different unions have merged to form Unite The Union. Would be very grateful to hear from you. I have telephoned them anyway (my Union) and they said they don't offer any particular help other than point me to a solicitor where I will have to pay if I defend my case.

[pink-kittens]

email me
[email protected]

[lonedad]

Too be honest I think you should plead not guilty. You did everything that you should have done.

The bad side of things is that the traffic commisioner could take your PCV licence away from you if you are convicted of undue care. Fight it mate!!

[murvic]

If you're not already a subscriber try looking at this bus drivers forum.

http://www.bloodbus.com/phpBB2/index.php

Somebody on there should be able to give some advice if they're not feeling too grumpy. Don't worry they're a helpful lot really - just remember that nothing you've done is new, it's happened to somebody else already.

But good luck and don't let it get you down.

[jpts]

lonedad - Thanks, will fight it if i need to, time will tell. Cheers,

murvic - Thanks very much for the link, just took a quick peep - seems really interesting. Your way of thinking is quite good actually, thanks very much, don't feel so bad now...

[jpts]

Had some very good news, I think! Received a letter from the Police saying they are going to deal with the matter by way of 'A Warning', whatever that is. So it would seem that all has ended well and better than I expected. Thanks to everyone who commented and gave advice, very much appreciated, Thanks everyone....