Taxi drivers ‘should belt up’ rules sheriff after fatal crash
The government should force taxi drivers to wear a seatbelt following the death of Gavin McCabe near Dundee
A sheriff has ruled that the government should order taxi drivers to belt up while on the road following a fatal crash near Dundee.
Sheriff George Way issued his recommendation that the current exemption enjoyed by taxi drivers should be withdrawn in his determination after a fatal accident inquiry (FAI) into the death of Gavin McCabe.
Mr McCabe, 41, died in March last year when his taxi was hit by a car driven by a drunk driver attempting to commit suicide.
Mr McCabe had been taking a fare from Perth to Dundee when he was struck by a car driven by Halim Cholmeley.
The force of the impact catapulted Mr McCabe from his Skoda car and out onto the road causing his fatal head injuries.
The accident also left taxi passenger Azeez Butali with serious injuries. The 33-year-old had to be cut from the wreckage, and suffered a broken collar-bone, a chipped bone in his right shoulder and injured ribs.
Sheriff Way recognised that wearing a seatbelt might not necessarily have saved the driver’s life.
However, he concluded the McCabe’s death “might have been avoided” if he had been wearing a seatbelt.
Sheriff Way added: “I can see no reason why taxi drivers should be exempt from the seatbelt regulations. This is particularly clear when one considers that the exception applies even to specially-designed taxi vehicles. All such vehicles now have fully-isolated driver’s cabs which protect them from any risk of assault or robbery.
“Private hire vehicles could have safety screens fitted if this were necessary to protect the drivers.”
In his judgment after the FAI at Dundee Sheriff Court earlier in the year, Sheriff Way argues that the exemption from wearing seatbelts has encouraged an attitude among taxi drivers that it is “their professional right” to be exempt.
He added: “Acceptance of this blinds them to their own health and safety.”
Roundabout
Sheriff Way noted “Mr McCabe was driving in a perfectly safe manner when his vehicle was struck by a driver who entered a roundabout at excessive speeds apparently bent upon suicide.
“Taxi drivers encounter as many unforeseen hazards on the roads as any other road user.”
The sheriff is now recommending that Scottish ministers and the transport secretary urgently review regulations.
He also recommends them to withdraw with the exemption from wearing seatbelts as applicable to taxi drivers.
In March this year 36-year-old Halim Cholmeley was jailed for six years at the High Court in Edinburgh after admitting driving dangerously while subject to a driving ban, taking his
girlfriend’s BMW without consent, and doing so while under the influence of alcohol.
But one taxi organisation disagreed and said wearing seatbelts would place cab drivers more at risk.
A spokesman for the Dundee Taxi Association said: “Taxi drivers do not normally drive at high speeds and are usually driving around town centres, so I am not sure that wearing seatbelts would save more lives.
“We are facing increasing health and safety dangers, including a rise in attacks on taxi drivers. Wearing a seatbelt makes it very easy for passengers in the back to slip it around the driver’s neck and stab them or throttle them.
“While they may save some lives in a really bad smash, they could create other problems for taxi drivers.
“The sheriff doesn’t drive a taxi and doesn’t know the ins and outs. He cannot prove that a seatbelt would have saved the driver’s life in this case.”
source:
http://news.stv.tv/scotland/tayside/