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London tour bus driver pushed cyclist into oncoming traffic

Also said to have tried to ‘bulldoze’ cyclist in his double decker after repeatedly hitting his rear wheel

A tourist bus driver has been convicted of assault after he shoved a cyclist off his bike into oncoming traffic following a confrontation. Paul Birchmore had allegedly hit Angus Fitzgerald’s rear wheel three times while driving a Big Bus Tours double decker northbound over Waterloo Bridge, triggering the row.

Alec Williams, prosecuting, said there was ‘some jockeying for position on the road’ before Birchmore had begun bumping into the back of Fitzgerald’s bike.

The Daily Mail reports that Fitzgerald subsequently tried to ask Birchmore for his details over what were described as slow speed collisions, but Birchmore and a tour guide were said to have raised their middle fingers in response before driving off.

Fitzgerald caught up with the bus on Aldwych, stopping in front of it so that Birchmore couldn’t drive away, and phoned the police. Williams said that Birchmore then tried to ‘bulldoze the cyclist out of his way’.

Birchmore exited the vehicle and pushed Fitzgerald from behind. Helmet cam footage played in court showed the cyclist hitting his head on the left-hand side of a moving car, fortunately suffering no major injuries.

Birchmore, who defended himself, said he had been moved to get out after hearing 'scratching' from the bike against the bus’s fibreglass front.

“The only reason I have pushed him is to push him out of the way from doing damage to the bus,” he said.

Birchmore was found guilty of assaulting Fitzgerald and may face a retrial on a charge of dangerous driving after the jury failed to reach a verdict.

Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.

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14 comments

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A V Lowe | 6 years ago
4 likes

Handy details to note

1) Bus drivers must give details to any person reasonably requiring them WRT the way bus is being driven per Conduct Regulations 1990 Section 5, as well as per Section 170 RTA 1988 if the presence of the bus causes harm (injury to person or damage to property) - not that no contact with the vehicle is required - so being forced to crash by the presence of the bus applies. Most drivers do carry 'Section 170' or 'Bump' cards which defuse any conflict at the scene, by providing details required without admitting liability.

2) Class D licences are vocational licences which are issued through the Traffic Area Office (in this case probably London & SE (Traffic Commissioner Sara Bell)) The commissioner can suspend or revoke a Class D licence - usually after calling a driver in for interview following a report about their driving.  A driving ban revokes both the standard Class B licence and any vocational ones, but the person must re-apply separately for the vocational licence, when the ban finishes. The TC may also consider calling in the O Licence holder if the behaviour of drivers reflects a wider company culture that delivers potential for harm through failings in their 'duty of care'.  Consider contacting the TAO - Eastbourne?  Road CC knows where to find me if you want to make contact directly.

3) If someone is trying to use the bus as a weapon (as happened here) the key action is to immobilise the bus or coach.  By law all buses & coaches MUST have a labelled and accessible Emergency Engine Stop, which on modern buses will lock with the engine shut down, until re-set by a technician.  The same detail applies to most other road rage, as, with very clear predictability, the driver leaves the wheel, with engine running and keys in the ignition (ready for a rapid (and cowardly) get-away if someone stands up to their assault). Clearly it is dangerous to leave a vehicle with the engine running, so in the interests of safety turn the engine off, remove the keys and place them somewhere safe (but don't steal them).  This should detain the assailant until the Police arrive.        

Avatar
Housecathst | 6 years ago
1 like

I sounds like he's already lost his job if he's representing himself. 

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burtthebike | 6 years ago
7 likes

As the old legal saying goes, a defendant representing themself has a fool for a client.

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kitkat | 6 years ago
7 likes

Lets have yet another review of what the CPS says...

A person drives dangerously when:

  • the way they drive falls far below the minimum acceptable standard expected of a competent and careful driver; and
  • it would be obvious to a competent and careful driver that driving in that way would be dangerous.

CPS Dangerous Driving

I would be interested to know what guidance the jury get in making a decision on dangerous driving. Are they even informed of what the criteria is?

Avatar
burtthebike replied to kitkat | 6 years ago
2 likes

kitkat wrote:

I would be interested to know what guidance the jury get in making a decision on dangerous driving. Are they even informed of what the criteria is?

pedant [on]

Are they even informed of what the criteria ARE.

Criteria is plural.

pedant [off]

Avatar
kitkat replied to burtthebike | 6 years ago
3 likes

burtthebike wrote:

kitkat wrote:

I would be interested to know what guidance the jury get in making a decision on dangerous driving. Are they even informed of what the criteria is?

pedant [on]

Are they even informed of what the criteria ARE.

Criteria is plural.

pedant [off]

//cdn2.business2community.com/wp-content/uploads/2016/09/grammar2.jpg.jpg)

 1

Avatar
burtthebike replied to kitkat | 6 years ago
1 like

kitkat wrote:

burtthebike wrote:

kitkat wrote:

I would be interested to know what guidance the jury get in making a decision on dangerous driving. Are they even informed of what the criteria is?

pedant [on]

Are they even informed of what the criteria ARE.

Criteria is plural.

pedant [off]

//cdn2.business2community.com/wp-content/uploads/2016/09/grammar2.jpg.jpg)

 1

Only if you don't speak English.

Avatar
ooldbaker | 6 years ago
6 likes

This is a man who is trusted to drive , not just himself which would be bad enough, but members of the public.

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Jackson | 6 years ago
2 likes

Expecting a lot from the sentencing. He needs the bus for his job: Suspended sentence, no driving ban, on your way.

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Grahamd | 6 years ago
4 likes
  • Let's hope he gets a custodial so that the inmates can give him a tour of the prison.
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hughw | 6 years ago
11 likes

In another article, he's quoted as saying that he "didn't lose control", which means he intentionally pushed the cyclist into oncoming traffic, which is terrifying

Avatar
StuInNorway | 6 years ago
5 likes

"I was concerned that by continuing to drive my bus repeatedly into the cyclist and his bike that I might scratch the fibreglass on the bus, so I got out and shoved the cyclist into the oncoming traffic, m'lud"

 

Jail : Check

Key : Throw away . . 

Avatar
wycombewheeler | 6 years ago
2 likes

wasn't so worried about damage to the front if the nys when he drove into the back of the bike.

still best news is "defending himself" so a conviction seems likely.

Avatar
brooksby | 6 years ago
5 likes

Quote:

Birchmore, who defended himself, said he had been moved to get out after hearing 'scratching' from the bike against the bus’s fibreglass front.

“The only reason I have pushed him is to push him out of the way from doing damage to the bus,” he said.

Well, gosh, I'm glad he has his priorities in the right order... surprise

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