Lorry driver who caused cyclist’s death following “perilous overtaking manoeuvre” spared jail

Meanwhile, the DM rebel rouses it's moronic reader base to call for laws to be updated so cyclists can be properly punished for killing other road users, like motorists are thoroughly dealt with. Citing the example of a cyclist turning right at a junction and failing to observe a motorcyclist travelling far in excess of the speed limit, the cyclist getting away with only life changing injuries and £1000 fine. It's an absolute injustice that the 100's of motorists that smash into cyclists every year, killing them and driving off get so heavily punished with community service and a fine that costs nearly as much as their VED whilst the many one a year cyclist that causes the death of another road user gets a paltry life changing injury that likely prevents them from ever cycling again and a fine no more than the value of their bike.  

'Momentary' my a$$.  Likely a habitual (unt driver. 

This is an appalling incident and an appalling outcome. There are a few points to make though.

"Summarising the case yesterday, KC Samuel Magee told the court that the overtake also caused an oncoming motorist to take evasive action by mounting the grass verge, and that the driver’s BMW “shook slightly” as McVeigh passed. After coming to a stop, the car’s passenger looked behind and saw Mr Poland become “unsteady” before crashing."

It's obvious to us what happened but I suspect that the CPS either couldn't or didn't attempt to prove that the airflow around the lorry lead to the cyclist becoming "unsteady".

There was no evidence that contact was made so it wouldn't be a "hit and run" which could have been taken into account in the sentencing.

Then we have

https://road.cc/content/news/pedestrian-court-over-cyclists-death-299453

where a pedestrian is accused of manslaughter for making a gesture which caused a cycist to become "unsteady" and who died as a result.

It seems in this country a pedestrian making a gesture is taken far more seriously than driving an articulated lorry within 50cm at 30mph.

To me the take away, yet again, is never ride without a camera.

I can understand the lack of prison sentence, but that needs to be a lifetime driving ban. He's demonstrated his fatal incompetence once already, why does he get a second chance to kill someone?

If he has any conscience he'll voluntarily surrender his license

Whether or not a custodial sentence is considered appropriate how can such poor driving that results in the death of another road user not be considered to be "dangerous"? The result of the close pass is the evidence. 

I'm sure some lorry drivers see cyclist stomping as a perk of the job.

I'm not kidding. I've been close passed by an articulated at low speed. Almost drags you under....

"As the family of the “much-loved” Mr Poland sat in the dock, the judge stressed that “anything this court does or says can never do anything to take away the pain and the loss the family will suffer as a result of this incident”.

So as a result i'm not even going to try and give you justice. Typical of many of these delusional and out of touch judges.

It's insulting to the deceased and his family to refer to this as a "momentary miscalculation". This was a driver who did not meet the very minimum level of skills and attitudes required to  drive a vehicle on the public road. This should have been picked up by driver training and testing. His employer should also be in the dock on a corporate manslaughter charge.

I am reminded of the time an Asda articulated lorry passed me within 50cm on an A road. I shat myself. Now the interesting thing was that there was a traffic jam around the corner so I was able to pull his door open and ask what the F he was doing. His answer? He was unable to give me more room due to the solid white line. This is what you are dealing with some of the time. Half-wits in huge wagons. Your life in their hands. 

There aren't many jobs where you can get away with killing someone so easily.

''Yesterday, McVeigh’s defence KC John Kearney said that he had been specifically instructed to acknowledge and apologise for the devastation and loss caused by Mr Poland’s death.''

Meaning he otherwise couldn't give a shit.

If you murder someone with a knife, you get jail time. If you murder someone with a vehicle, you get community service.

Momentary lapse, momentary miscalculation. This yet again shows that the attititude to driving is both that mistakes happen - shrug - and that it is reasonable for a typical driver to make mistakes and the rest of the world has to put up with them, even if it costs a few lives*.

Road users, when in vehicles, are not expected to be able to concentrate; though cyclists are charged with being alert at all times or it's on them.

*As put forward here by firstnamenumbers.

As I was saying the other day to our resident supertroll, car drivers are 100 times more dangerous, and thus responsible in case of accident than cyclists, by the sheer mass and speed they bring onto the roads. And that's before any driving offences, speeding, close passes or whatever are comitted.

Well, drivers of these heaviest of lorries are nearly 3000, that's three thousand, times as dangerous as a cyclist! Again, that's before any careless or dangerous driving has been comitted. How on Earth does this not play a role in the way driving is regulated and accidents are evaluated, prosecuted, judged?

These cases do indeed illustrate society's attitude to KSI'd cyclists, which is: you're bound to hit a few of them, and it's not a 'real' offence. These non-penalties are lined up waiting for whoever does for you or me!

McVeigh’s lorry – which, according to calculations from a tracking device, was being driven at just over 30mph on the coastal road – passed within “50 centimetres or 20 inches” from the handlebars of Mr Poland’s bike

This Sainsbury's 44-tonner, which you've all seen before, was less than 20 centimetres from my narrow handlebars and I was lucky to avoid falling off- justifying my decision to avoid wide flat bars with rubber grips, which are likely to be whipped from your hands resulting in a trip under the wheels which would undoubtedly be 'life-changing'. Expletive-deleted Lancashire expletive-deleted Constabulary did not respond to the report and did nothing at all

https://upride.cc/incident/yn67mvj_sainsburys44tonner_closepass/

Having read the article again one has to ask that if the oncoming motorist had to make a manoeuvre onto the grass verge to avoid a collision, then how has the lorry driver walked away with no more than a slapped wrist?
This was no momentary lapse of concentration, unless we are discussing the judge, who should hang his head in shame at such a lenient sentence.

FFS!!
I'm lost for words!
Which must be a first.

"He argued that the lorry driver’s overtake was a “momentary miscalculation” of the time and space required to safely overtake a cyclist."

A "momentary miscalculation".  Fuck me.  There needs to be a campaign to change people's attitudes to driving, from the individual behind the wheel, to most police forces to judges and court officials.  "oh sorry, just a momentary lapse"  "SMIDSY" etc etc

Flip me.  Is there any other crime involving killing someone that attracts such light sentences than Careless and Dangerous driving?  Also an absurdly short ban adds insult to injury.