Cambridgeshire County Council was prosecuted after a long and complex investigation by the Health & Safety Executive (HSE), with incidents continuing to happen despite regular enforcement action from the regulator.
On the very day that the county council was hit with the fine, 11 people had to be taken to hospital after a fire engine crashed into two guided buses.
A guided busway is purpose-built concrete track that is constructed exclusively for buses to bypass traffic congestion.
Three people have died after being hit by buses on the Cambridge network. Jennifer Taylor, 81, died in darkness at an unlit crossing in November 2015. Three years later Steve Moir, 50, was killed after his bicycle struck a kerb, causing him to fall into the path of an oncoming bus. Kathleen Pitts, 52, lost her life in October 2021. Two young people also suffered serious injuries in separate incidents.
Judge Mark Bishop criticised the council for its "rigid and blinkered response" to the fatalities and incidents. Despite the first fatality in 2015, the council did not conduct its first risk assessment until August 2016; which was five years after the guided busway had first opened.
The HSE investigation also found that basic safety measures were missing across the busway including lighting of some crossing points, appropriate speed limits for buses, sufficient measures to separate pedestrians and other users including cyclists from passing buses, and adequate signage warning of dangers.
After the hearing, HSE principal inspector Graham Tompkins said: 鈥淭his is a truly tragic case where three people lost their lives and others suffered serious injuries in incidents that were completely preventable.
鈥淗ad Cambridgeshire County Council properly assessed and managed the risks on the guided busway from the outset, these deaths simply would not have happened. Even after the first fatality in 2015, the council failed to take adequate action to protect the public. They chose to appeal our enforcement action instead of acting on our concerns and incidents continued to happen.
鈥淪imple measures could have saved lives and life changing injuries. Instead, the council operated this major transport system for almost a decade without many of the basic safety measures we see in every village, town and city being in place.鈥�
He continued: 鈥淥ur risk assessment guidance may be more commonly used for workplaces such as factories and construction sites but the same principles apply for busy spaces such as major transport infrastructure. The possible risks to people and the movement of passengers, pedestrians and others needs to be thought through.鈥�
Cambridgeshire County Council pleaded guilty to two offences under section 3(1) of the Health and Safety at Work etc. Act 1974. The charges related to failing to protect the public both at crossing points and while travelling alongside the busway.
Council chief executive Stephen Moir put out a long statement of sympathy and regret.
He said that the council was 鈥渃ommitted to ensuring the safe operation of the guided busway and we have already taken action to address the historical failings as well as ensuring risks are robustly managed in the future鈥�.
He added: 鈥淥ur safety regime for the busway now includes thorough and frequent inspections, a rolling programme of risk assessments and strengthened incident recording, reporting and investigations. We now have a dedicated busway operations safety team in place, and we have also installed bespoke fencing on the southern section of the busway, reduced speed limits and are reviewing all the signs and lining along the route.鈥�
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