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Driver who paralysed 72-year old cyclist fined £80

The north Wales tractor driver also received 6 points on his license and was made to pay £85 in costs - the cyclist is tetraplegic

The driver of a tractor which collided with a 72-year old cyclist in January has been fined £80 by Mold Magistrates' Court.

Rod Bartley, described as "one of the fittest people we knew" by his family, was out on a training ride on January 11, when a tractor controlled by Ian Francis turned right across his path.

Mold Magistrates' Court found Francis guilty of driving without due care and attention, and fined him £80, with an £85 costs charge, and six points on his driving license.

Mr Bartley's family argue that the incident which left Mr Bartley, from Mold in north Wales, with "catastrophic spinal injuries" and rendered him tetraplegic was deserving of a harsher punishment.

The 72-year old underwent 3 and a half months of rehabilitation at the Midlands Centre for Spinal Injury and now lives in a temporary home with wheelchair access and enough room to house his carers.

His family have said in a statement released this week that they are "very disappointed" in the punishment.

Mr Bartley's daughters Emma Johnson and Caroline Lloyd, are the behind the statement which tells of how difficult the time since the incident has been for both the 72-year old and his family.

“This has been the most difficult time in our lives and we are very disappointed in the sentence as we do not think it is reflective of the severity of the injuries our Dad has endured," the statement reads. 

"At 72 our Dad was one of the fittest people we knew, his life revolved around his family and his love and passion for cycling and golf."

An avid cyclist and long-term British Cycling member, Mr Bartley's Strava profile page is a portrait of a passionate cyclist. The 72-year old didn't let the grim north Wales autumn and winter deter him from racking up near-1000km months from August through to October; even topping 500km in December and January.

In the 11 days between the start of 2016 and the incident that left Mr Bartley paralysed, he had already racked up 372km over five rides. The immediate drop off in activity and absence of rides since is a stark reminder of the severity of the Mold resident's injuries

The statement continues: “He now needs round the clock medical care from a team of carers who assist him with all aspects of his life. Words cannot describe how awful this has been for our Dad and the impact it has had on the whole family.

“Dad was an active grandparent to his four lovely grandchildren, he can no longer hug and hold them, play with them, collect them from school and be the independent man he always was."

Mr Bartley has appointed British Cycling's solicitors, Leigh Day, to pursue a claim for damages on his behalf.

Meanwhile, the family's statement concludes by speaking of their thanks for the emergency services, NHS and their team of carers, as well as their ambition to keep on living their lives.

“We will carry on with this new way of living, making Dad and Mum’s life the best it can be through the love and support of all of our family and friends," the statement says.

“We would like to thank PC Phil Paddock and North Wales Police for their support and professionalism, the NHS and all of the dedicated medical staff at Stoke and Gobowen, our case workers and our new team of carers.”

Rod Bartley.jpeg

Rod Bartley riding his bike - image via the family's press release

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51 comments

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Caroline30 | 7 years ago
5 likes

Hello again. How very very kind and lovely of you to suggest this. Yes, we are considering further action. We are meeting with Dad's BC solicitors later in the week and I'm going to bring up the subject of Civil case. This is an area of which I'm very unfamiliar with so any guidance / advice but be most welcome.
An update for you on Dad. He and my Mum have had to move to suitable property to cater for his new needs. Leaving their home of 47 years was heartbreaking. The upside is that I can be with them within 20 minutes now to help.
He has 24 hr care from two trained P. A.s Physio 3 times a week plus visits from a psychologist. He can just about move his arms albeit very painfully but no function in hands.
He's struggling to come to terms with what has happened and it's so heartbreaking to see. He wants to play with his Grandchildren but can't.
He has given me his beloved Scott Addict as I am a cyclist too. I ride for him now. Each time I get on the bike he's 'with me'
I shall continue to post updates and once again Thank you x

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tritecommentbot replied to Caroline30 | 7 years ago
2 likes

Caroline30 wrote:

Hello again. How very very kind and lovely of you to suggest this. Yes, we are considering further action. We are meeting with Dad's BC solicitors later in the week and I'm going to bring up the subject of Civil case. This is an area of which I'm very unfamiliar with so any guidance / advice but be most welcome. An update for you on Dad. He and my Mum have had to move to suitable property to cater for his new needs. Leaving their home of 47 years was heartbreaking. The upside is that I can be with them within 20 minutes now to help. He has 24 hr care from two trained P. A.s Physio 3 times a week plus visits from a psychologist. He can just about move his arms albeit very painfully but no function in hands. He's struggling to come to terms with what has happened and it's so heartbreaking to see. He wants to play with his Grandchildren but can't. He has given me his beloved Scott Addict as I am a cyclist too. I ride for him now. Each time I get on the bike he's 'with me' I shall continue to post updates and once again Thank you x

 

The details are so heartbreaking to read but really appreciate you keeping us posted. If the time comes, you won't have to ask for help, we can get the ball rolling. 

 

Enjoy the bike, sounds like you're doing him proud!

 

 

 

 

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StraelGuy | 7 years ago
2 likes

Great idea unconstituted, I'd donate for sure.

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Caroline30 | 7 years ago
4 likes

Hello all
Many thanks for your kind and supportive comments. It means a lot to Dad and ourselves. Dad's rehabilitation continues.
Caroline.

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tritecommentbot replied to Caroline30 | 7 years ago
3 likes

Caroline30 wrote:

Hello all Many thanks for your kind and supportive comments. It means a lot to Dad and ourselves. Dad's rehabilitation continues. Caroline.

 

Can't imagine how tough it is being in your position now. Makes me mad thinking about that driver getting off so lightly though while your dad has to suffer. Is there any chance of a civil suit against him? Money could be crowdfunded from the cycling community to do it. 

 

I've seen large sums raised to support worthwhile lawsuits from crowdfunding recently. Personally donated to the Carmichael Shetland's case and the legal fees were completely covered.

 

If it's on your mind let us know. Best of luck with your dad's recovery either way.

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STiG911 | 7 years ago
3 likes

Getting more than pissed off with this 'Momentary lapse of concentration' bullshit. Courts are basically saying  'Oh well, never mind, eh? Could've happened to anyone, here's a light slap on the wrist, off you go'

Concentrating on driving is the ONLY thing drivers of any vehicle should be doing, let alone while driving a tractor which is essentially an HGV, FFS. I grew up in a rural area, and the vast majority of farmers - most of which I knew personally - drove everywhere like they owned the sodding place. Cars, vans, cyclists you name it, were all treated with irritation, as though they were amazed we dared to be on the road at the same time as them.

And of course everyone HAS to give way to them, regardless of which way the priority actually extended - which is what I strongly suspect happened here.

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atgni | 7 years ago
2 likes

A Tractor is probably a 'works' vehicle - where's the HSE prosecution on this?

 

 

(can't paste the link in properly for some reason)

'The Health and Safety Executive (HSE) has prosecuted two haulage companies after a driver was paralysed in a work accident.

On Wednesday (29/07/14), H & M Distribution Ltd of the Sankey Valley Industrial Estate in Newton-le-Willows, Merseyside was fined a total of £150,000 and ordered to pay costs of £13,996, after pleading guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974.

HE Payne Transport Ltd of The Lane in Wyboston, Bedfordshire, was fined a total of £100,000 and ordered to pay costs of £13,996 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974.'

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ibr17xvii | 7 years ago
4 likes

What a tragedy for the poor bloke. Really really sad state of affairs.

As for the "punishment" nothing short of an absolute disgrace frankly.

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Christopher TR1 | 7 years ago
2 likes

British fcuking justice! What a joke, it's absolutely disgusting and someone needs to grab this judge by the scruff of the neck and shove his retarded face into the lives of the devastated cyclist and his family.

And as for all the bullshit "it was just a mistake" comments: Bollocks! Being unable to drive should not be a defence, and looking where you are going is surely a basic requirement of driving. The law needs to show that the punishment fits the crime. The imbecile driving the tractor needs to be paying for this for the rest of his miserable life.

Drivers need to know every time they get in their vehicle that they could be in a world of trouble, momentry lapse of concentration or not. And if they are not willing to take responsibility for their actions then they should choose not to drive.

 

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brooksby replied to Christopher TR1 | 7 years ago
3 likes

Christopher TR1 wrote:

... Being unable to drive should not be a defence, and looking where you are going is surely a basic requirement of driving.

I don't imagine that this was down to not looking where he was going.

I bet this is down to the "Ah, its a cyclist, they'll give way" attitude that I've certainly encountered.

Car drivers do it, bus drivers do it, sodding pedestrians even do it, so I can't imagine that some farmer on his tractor wouldn't.  "Sod priority or right of way - its just a cyclist!".

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bendertherobot replied to Christopher TR1 | 7 years ago
1 like

Christopher TR1 wrote:

British fcuking justice! What a joke, it's absolutely disgusting and someone needs to grab this judge by the scruff of the neck and shove his retarded face into the lives of the devastated cyclist and his family.

Why?

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Christopher TR1 replied to bendertherobot | 7 years ago
0 likes

bendertherobot wrote:

Christopher TR1 wrote:

British fcuking justice! What a joke, it's absolutely disgusting and someone needs to grab this judge by the scruff of the neck and shove his retarded face into the lives of the devastated cyclist and his family.

Why?

....if you need to ask....

Avatar
bendertherobot replied to Christopher TR1 | 7 years ago
0 likes

Christopher TR1 wrote:

bendertherobot wrote:

Christopher TR1 wrote:

British fcuking justice! What a joke, it's absolutely disgusting and someone needs to grab this judge by the scruff of the neck and shove his retarded face into the lives of the devastated cyclist and his family.

Why?

....if you need to ask....

I do. Why are you blaming the Judge?

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brooksby | 7 years ago
4 likes

And, I don't care if this is in accordance with the sentencing guidelines; it stinks! It is so very, very wrong, and an absolute insult to the cyclist and his family.

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brooksby | 7 years ago
1 like

Tractors... Well, tractor DRIVERS... can sometimes be a menace. Everyone has a horror story about a tractor, whether they're on two wheels or four.

My own is from years ago, my wife driving us back to college in her old Panda through mid Wales. Late at night, Autumn, pitch black. Going down a hill, not a car or street light or house light anywhere in sight, just our own headlights (like the end of Terminator 2).

I saw *something* right at the edge of vision ahead, and yelled at my wife to slow down. As we gingerly approached, a tractor and its trailer appeared out of the gloom, travelling in the same direction as us but at about 10mph and with no lights on: no rear lights, no headlights, no brake lights, just an internal light in the cabin.

Scared the h**l out of us.

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BarefootBrian | 7 years ago
3 likes

What really hit home about this was that he is scarcely more than 2 years older than me, and although I don't cycle anything like as much as he did, I know I would be totally devastated if I couldn't get on my bike when I wanted to. I am even finding the reduction in power & the resultant inability to climb hills because I've not been able to do as much cycling as I would have liked a source of frustration.

I cannot begin to imagine how he feels at being unable to do anything for himself all because of an idiot on the road. At least if the driver had received an appropriate sentence he  could have felt that justice had been done.

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bendertherobot | 7 years ago
0 likes

Again, how did it fail? It sentenced the case correctly. If you want change look to Government to create the offence and then see that the legal system is given adequate armoury to deal with it.

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ridein | 7 years ago
1 like

If the tractor driver was impaired as much as Rod Bartley for even just one day, that in itself would be a greater punishment.

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bendertherobot | 7 years ago
5 likes

But in this case the Courts did the right job. Ditto the police. This is a Government issue. There needs to be a charge of causing injury by careless and a root and branch reexamination of sentencing for motor crime. And let's call it crime rather than motor offence. Too long we've seen it as some sort of quasi criminal/civil thing.

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HarrogateSpa | 7 years ago
8 likes

To the 'everyone makes mistakes' commenters, I would say: yes, but that's not what I see on the roads every time I go for a ride.

I see people who don't take the responsibility of driving seriously: people who abuse their position behind the wheel of a big vehicle to bully a bike rider into giving way; people who don't pay attention, because they're looking at their mobile phones or otherwise distracted; people who cut it fine when overtaking, because there's oncoming traffic, and impatience to get past trumps safety.

So for me, 'it was just an honest mistake' doesn't cut it. There's a problem with our driving culture, and the police and courts - no doubt for a variety of reasons - are doing precisely nothing about it. The DfT and the Justice Department have also been useless to date.

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Jimnm | 7 years ago
1 like

Tetraplegic is really bad shit, poor guy and family that will have to do everything for him.  Life really sucks for some!  7

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tritecommentbot | 7 years ago
6 likes

Yes clearly if these machines are so dangerous that a moments inattention can cause devastation, then the requirements for operating one must be incredibly high, especially if there is little penalty for careless or reckless behaviour.

 

Or they should only be allowed in limited zones away from the rest of the general populace where they can only harm each other.

 

The situation as it is now, where a donkey can qualify to drive one, and kill someone with it, and walk away with a day's wage of a fine is farcical. 

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robertoegg replied to tritecommentbot | 7 years ago
0 likes

unconstituted wrote:

Yes clearly if these machines are so dangerous that a moments inattention can cause devastation, then the requirements for operating one must be incredibly high, especially if there is little penalty for careless or reckless behaviour.

 

Or they should only be allowed in limited zones away from the rest of the general populace where they can only harm each other.

 

The situation as it is now, where a donkey can qualify to drive one, and kill someone with it, and walk away with a day's wage of a fine is farcical. 

 

You can kill people with smaller vehicles you know?

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tritecommentbot replied to robertoegg | 7 years ago
2 likes

robertoegg wrote:

unconstituted wrote:

Yes clearly if these machines are so dangerous that a moments inattention can cause devastation, then the requirements for operating one must be incredibly high, especially if there is little penalty for careless or reckless behaviour.

 

Or they should only be allowed in limited zones away from the rest of the general populace where they can only harm each other.

 

The situation as it is now, where a donkey can qualify to drive one, and kill someone with it, and walk away with a day's wage of a fine is farcical. 

 

You can kill people with smaller vehicles you know?

 

I was talking about all vehicles. You really thought I believed a slow tractor rarely seen outside of country lanes was more of a concern than the ubiquitous high speeding car? Nice one roberto laugh

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Yorkshire wallet | 7 years ago
2 likes

What's the legal stance on tractors on the road ? Full insurance etc.? There's a menace on my commute that goes between fields in a vintage thing and has no lights or anything. You can barely see him when he's poking out of a gateway about to hit the road when the mornings get darker.

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Mark By | 7 years ago
3 likes

Surely the type of vehicle being driven has to be taken into account when deciding whether it's careless or dangerous driving.   Treating careless driving with a tractor as if it was a mini is like treating reckless use of  a cannon in the same way as that for a pea shooter. The lack of a charge for causing serious injury by careless driving is a gaping hole in the law which has to be plugged.

There was no mention as to whether the driver had any previous convictions.

If the insurance company needlessly prevaricates on the insurance claim, which I assume is  vital for this poor man's clinical care, then they should be named and shamed. If legally possible that is.

Another great day for British justice.

 

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Metaphor | 7 years ago
2 likes

Shame they didn't mention the tractor driver's address.

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ElBa5034 replied to Metaphor | 7 years ago
0 likes

Ramuz wrote:

Shame they didn't mention the tractor driver's address.

Here is the Article from the North Wales Daily post.

http://www.dailypost.co.uk/news/north-wales-news/tractor-driver-fined-80...

The photograph of the incident in the above article cleary shows the Tractor and Trailer on the wrong side of the road. Mr Bartley was hit by this vehicle which was being driven against the flow of traffic. Dangerous driving in my book.

To add further insult to life debilitating injury, Mr Bartley was charged £150 by Rescue and Recovery in August to release the bike which he was riding when he recieved these  severe injuries; £70 more than Ian Francis was fined for his 'crime'.

Has North Wales Police handed out adequate justice in this case to make our roads safer for all vulnerable road users or not.

Please Contact  Arfon Jones, North Wales Police Commissioner to make your feelings known:-

 Office address

Office of the Police and Crime Commissioner North Wales
Police Headquarters
Glan y Don
Colwyn Bay
Conwy  LL29 8AW

E-Mail Address

OPCC [at] nthwales.pnn.police.uk

Tel/fax

01492 805486

 

Px

 

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Housecathst | 7 years ago
3 likes

Perhaps the tractor driver will be the victim of momentary lapse in judgement of somebody with a baseball bat. SMDY ! 

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50kcommute | 7 years ago
3 likes

Another example of the drastic reform that is needed!

So very very sad.

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