Driving whilst Tired has Horrific Consequences

This Article has been abstracted from ‘The Mail Online’ and does not necessarily reflect our views. The purpose is to realise consequences and importance of obeying Driving Hours Laws.

This is the horrific moment a father-of-four  was killed when he fell asleep at the wheel after driving 592 miles over a 19  hour period of work.

Adrian McMurray 54, and his son Adrian, 36,  were today jailed for manslaughter after Stephen Kenyon was  crushed to death when his 39 tonne Renault lorry crashed into a lorry in front  on the M1.

Tragic Mr Kenyon fell asleep at the wheel,  crashing into a line of stationary traffic on the southbound carriageway near  Luton Airport on February 12, 2010.

Tragic: Stephen Kenyon was crushed to death when his 39 tonne Renault lorry crashed on the M1Tragic: Stephen Kenyon was crushed to death when his 39  tonne Renault lorry crashed on the M1
Exhausted: The father-of-four was seen moments before the crash drifting from the slow lane into the middle laneExhausted: The father-of-four was seen moments before  the crash drifting from the slow lane into the middle lane
Mr Kenyon fell asleep at the wheel, crashing into a line of stationary traffic on the southbound carriageway near Luton Airport on February 12, 2010
The father-of-four was seen moments before the crash drifting from the slow lane into the middle lane

Accident: Mr Kenyon fell asleep at the wheel, crashing  into a line of stationary traffic on the southbound carriageway near Luton  Airport

The father-of-four, from Milton  Keynes,  Buckinghamshire, was seen moments before the crash drifting from the slow lane  into the middle lane.

As eyewitnesses went past the lorry, Mr  Kenyon, who was on his way to Essex with a delivery, could be seen rubbing his  eyes.

Despite braking hard at the last moment, Mr  Kenyon crashed into the back of a lorry in front, St Alban’s Crown Court  heard.

His cab was crushed and he suffered serious  head and chest injuries. He was pronounced dead at 2.26am.

The jury were told how tachographs inside his  van showed Mr Kenyon had been at work since 5am the previous  morning.

He had been on duty for 19 hours and 15  minutes and had been driving for 13 hours and eight minutes, covering 592  miles.

 

Adrian McMurray Snr was jailed for a total of seven years today
Adrian McMurray Jnr was jailed for a total of four years today

Jailed: Adrian McMurray (left), 54, and his son Adrian  (right), 36, were today jailed for manslaughter following the death of Mr  Kenyon

Accident: Despite braking hard at the last moment, Mr Kenyon crashed into the back of a lorry in frontAccident: Despite braking hard at the last moment, Mr  Kenyon crashed into the back of a lorry in front

The McMurrays, who  ran a haulage business for 99p Stores,  denied manslaughter by gross negligence and failing to discharge an employer’s  duty but a jury unanimously convicted the father of both charges.

McMurray Jr was found guilty of manslaughter  by a majority of 10 to two and guilty unanimously on the second  charge.

McMurray Snr was jailed for a total of seven  years, McMurray Jr was jailed for a total of four years.

‘Adrian John McMurray and Adrian Paul  McMurray you ran the business with scant regard to your legal  obligations and  cutting every corner to maximise your profits’

– Judge  Andrew Bright

The pair had also admitted cheating cheating the PAYE and National Insurance  system of £896,050 between April 2005 and April 2010.

McMurray Snr and  another defendant, the  firm’s bookkeeper, Heather Parkinson, aged 69, also  pleaded guilty to  cheating the Inland Revenue of £311,976 between April 2005  and September 2009, and evading £424,248  VAT between February 2005 and July 2009.

Jailing the two McMurray’s today, Judge  Andrew Bright said: ‘The excessive hours for which he was driving caused him to  be so tired he was a danger to himself and other road users.

‘Heavy lorries pose a very real threat to  other road users and that threat was substantially increased by the way you ran  your haulage business.

‘The death of Stephen Kenyon was an accident  waiting to happen.

‘Adrian John McMurray and Adrian Paul  McMurray you ran the business with scant regard to your legal obligations and  cutting every corner to maximise your profits.’

Sentence: McMurray Snr has been jailed for a total of seven years
McMurray Jr was jailed for a total of four years

Sentence: McMurray Snr has been jailed for a total of  seven years while McMurray Jr has been jailed for a total of four  years

Road haulage legislation states truckers can  only drive large commercial lorries for a maximum of 10 hours in a 24-hour  period and only for two days a week.

Charles Miskin QC, prosecuting, said the  practice of ignoring legislation was ‘tolerated if not encouraged’ by the  McMurrays.

Drivers were ‘frequently asked to do  deliveries that would take them over permitted hours’.

‘The excessive hours for  which he was driving caused him to be so tired he was a danger to himself and  other road users’

– Judge Andrew Bright

He said: ‘This is a case about a man who lost  his life because the rules were broken.’

Mr Miskin said the father and son team, who  were based at the 99p Stores depot in Daventry, Northamptonshire, showed a  ‘flagrant disregard for the law’ in the pursuit of profit.

He added: ‘Mr Kenyon’s death was the utterly  foreseeable consequence of the way the defendants conducted their business. It  was an accident waiting to happen.

‘Their negligence had exposed him to the risk  of death and that failure had been so reprehensible that it amounted to gross  negligence.’

Mr Kenyon’s death also led to an  investigation into the company’s financial affairs.

The business turnover was £5.23 million, but  a turnover of only £400,000 was declared. No VAT returns were ever  made.

Heather Parkinson was jailed for 27 months  after admitting cheating the public revenue and National Insurance of £15,081.76.

McMurray Snr also pleaded guilty to  possessing a stun gun that was found in the leather jacket on the back seat of  his car.

He had previously been jailed for three years  in France in May 2001 after being caught in a lorry importing drugs.

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