My views are mixed on this. I can’t see a prosecution of the driver being justified when there was clearly an unforeseen hole in the safety armour. It does seem that this potential risk was never envisaged.
Prosecuting the operator would be a can of worms, as firstly the decisions will have gone back many years, whilst secondly a number of peer systems in the UK were designed in exactly the same way, so Croydon was completely as per its peers.
This simply leaves some questions over fatigue management, which I do think seem to have been whitewashed over.
I can see how this would be upsetting for the relatives. At the end of the day this incident did happen on TfL’s watch, and there should have been some display of accountability, perhaps a symbolic resignation, this doesn’t seem to have happened.
The fatigue management from the tram company seems...suspect, at best.
Even so, if the driver fell asleep outwith some sort of medical episode, which seems the most likely of a number of explanations, the driver himself is responsible for that.
Is there anybody who can actually see any point in prosecuting the Driver? Entering the corner at that speed would seem clearly involuntary.
Is this an argument to never prosecute anyone for causing death by careless or dangerous driving on the roads? Surely not. The only reason according to the CPS he isn't being prosecuted for these offences is he wasn't in a "road or a public place" because he was fortunate enough for the crash to happen on a segregated right of way. 200 yards further on and he would have been. Lucky, lucky man.
It was dark, and raining heavily, and the hazard was almost immediately beyond the exit from a relatively well-lit tunnel, marked only by a small sign and with rails presumably visible beyond the junction carrying on straight ahead on the same alignment. I wouldn't call that ample warning of the hazard, nor did the RAIB.
The inquest and the RAIB found that it is most likely the driver fell asleep. You cannot mount a criminal defence against falling asleep while driving and killing several people by saying "well, the vehicle didn't know I was asleep and there should have been signs I might have seen even if I was asleep".
I am certain the tram driver did not do this deliberately and am sure he is a broken man. He still, however, should be in prison and is only at home because his crash happened on a part of the network which was not a public right of way. An accident of the law, which is an ass.
It's very disappointing the company isn't being held accountable for the failing you highlight, but I have a huge amount of sympathy for the families whose loved ones were simply deleted from existence by this crash. Nobody is being held accountable under the law. It is not a good outcome.
I'm always struck by the seemingly excessive procedures on the DLR when the auto driving fails and it's being operated manually from the front. Walking speed only, flashing lights operating, not moved an inch without longwinded radio messages back and forth, etc. Meanwhile a few miles down the road we have another TfL operation here with quite comparable vehicles operated at 50mph in the dark wholly on operator line of sight.
There's also the tens of thousands of bus journeys every day in the capital...