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Thu 7 Aug, 3:18 pm UTC

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Jason MacIntyre death driver suspended and fined

By Jeff Jones

Robert McTaggart, the driver of the council van involved in the crash that killed Scottish time trial star Jason MacIntyre, has been fined £500 and had his driving licence suspended for six months.

McTaggart pleaded guilty on Thursday, August 7 to the charge of careless driving, a lesser charge than that of culpable homicide or death by dangerous driving. He claimed that he didn't see MacIntyre, who collided with him as he turned his van across the A82 and into a depot near Fort William in January 2008.

In sentencing the driver, Sheriff Gordon Fleetwood told the court, "I am directed to turn my mind only to the quality of driving but not, as in this case, the tragic circumstances."

MacIntyre's family criticised the sentence as being too lenient. "He [McTaggart] should be in jail," said David MacIntyre, Jason's father.

Jason MacIntyre was one of the country's top cyclists, time trialling being his speciality. He represented Scotland at the 2002 Commonwealth Games and was being considered for both the Olympics and the 2010 Commonwealth Games.

User Comments

There are 20 comments on this post

Showing 1 - 20 of 20 comments

  • pathetic, just goes to show this countries useless antiquated law system!

  • Of course he should be in jail goddamit!! This is murder!!

  • Like most people I have not heard or read all the evidence but news reports suggest that there is a dispute about whether the cyclist was on the cycle path or on the road. The charge and verdict tends to suggest that the police and Sheriff thought there was blame on both parties.

  • Just proves that the safest way to kill someone is with a vehicle, particularly if there are no witnesses.

    No deterrent effect whatsoever in this sentence, a clear message to all those who cycle that they are more rather than less on their own when it comes to the legal system and the supposed protections that it offers, i.e. none.

  • And there's me considering giving up driving for a year just as an experiment, and spending £500 on a new commuter bike. Not exactly a punishment is it?

  • It sounds like a deal was done. I doubt the judge can really give him a fitting punishment on that charge.

  • ONE comment indicates their doubt as to whether the cyclist was on the road or the cycle path.

    BE IN NO DOUBT. THE CYCLIST WAS ON THE ROAD.

    There are witnesses to support this fact.

    This was clearly stated in court and was not disputed by the solicitor of the driver.

    The cyclist and the driver were on a straight section of the A82.

    The weather was dry and bright.

    The cyclist was heading south and the driver was heading north.

    The cyclist would have been visibile to a COMPETENT driver for between 16 and 20 seconds.

    But this driver says he did not see him....

    WHAT WAS THE DRIVER DOING!

    The ridiculous sentence is a result of the ridiculous charge.

  • Murder most Foul!

    I would wonder that if Jason's father were to now accidentally run down MacTaggart, that he would get an equally lenient sentence? that may be justice.

    Clearly as cyclists in the eyes of the law, we are considered road-vermin.

    SICKENING!

  • I knew Jason and was deeply saddened by his death. It wouldn't have been totally unrealistic for him to have been in Beijiing this week.

    As cyclists, its unrealistic for us to believe that Jason would have been daft enough to be riding his bike at the speed he trained at (this guy didn't have time to do junk miles) in a cycle lane so the driver's contention that he wasn't on the road is likely to have been "pish".

    We all see careless acts by drivers with the usual comments "sorry mate, I didnae see ye" or the idiots driving round busy roundabouts with mobiles to their ears. Such actions are no different to drink or drug driving in that they are selfish and irresponsibe acts. Jail is definately the answer for persitent offenders, but one-off acts are do not justify such sentences, even if they do pacify relatives etc.

    Last week I misinterpreted traffic light signals and ended up riding right through a red light with traffic turning across me. Careless ..... yes which could have cause a serious/critical accident... but jail?

    We, as cyclists, are classed as one group by normal punters whether we ride 600 km a week on a Cervelo Soloist or to the pub on a Raleigh Budgie. There will always be idiots that drive cars and ride bikes. Lets just all try and be responsible road users that ALWAYS treat each other with courtesy and respect!

  • It would seem that in this case SMIDSY is being treated as an excuse, rather than the admission of guilt it should be. If killing somebody by driving straight into them because you didn't see them on a bright and clear day isn't dangerous driving, then what exactly is?

    Let's see how much news coverage this gets compared to the cyclist who killed that girl who stepped into the road in front of him.

  • This is too all the people who are commenting on this. This was an accident and sadly jason is not here as a result off this accident. And to the person who said "THIS IS MURDER" maybe you should go back to school and learn the meaning off the word.

    And to everyone else who thinks the guy should be in jail. Why for an accident? Theres a saying WRONG PLACE AT THE WRONG TIME.

    How would you feel if this was you son/daughter in the postion the guy Mctaggart is in? Would you like people saying "they should be in jail"? Would YOU be on this website saying "throw him/her in jail"? Well I can answer this for everyone NO you wouldn't. So next time BUTT OUT and let both families get on with their lives.

  • To human - no it wasn't an accident. An accident is when nobody is to blame. The driver was quite clearly to blame. The only person who was in the wrong place at the wrong time was Jason - the driver was not paying proper attention and this is what resulted in Jason's death - you can't say the driver was in the wrong place at the wrong time because he was unfortunate that Jason happened to be there!

    If he was my son, then I'd agree that he deserves to go to jail - as you should for such a display of negligence resulting in somebody's death. Sadly while he and his family can go and get on with their lives, that's not an option for Jason. Or do you think drivers shouldn't be punished at all when they do something wrong at the wheels of a deadly weapon?

  • Someone wrote "If killing somebody by driving straight into them", the reports said that cyclist hit the rear of the pickup which he means he did not drive straight into the cyclist.

    If I am driving in a car and see another vehicle waiting to turn (particularly a larger one) then I will adjust my speed and watch him carefully so if he should start to turn then I will be able to stop or at least avoid a collision. I might have right of way but it is common sense to drive to protect yourself from other road users. Similarly I was always taught to check each way when crossing through a green traffic light in case someone jumps the red light, you do take "right of way" for granted.

  • To aracer- This WAS an accident. Are you saying that the driver went out for work thinking "right I'll go and kill Jason Macintyre"?

    When a child knocks over a glass of juice the parent says "don't worry it was just an accident. When an adult spills a cup of coffee over in a friends house it is put down as an accident.

    For you too turn round and say that accidents are when nobody is to blame is rubbish. Everything that happens in life that are put as accidents, somebody IS to blame. Except natural disasters.

    For people to blame the driver saying it is all his fault that Jason is dead, because he wasn't paying full attention to the road ahead is unfair.

    Driver wasn't paying full attention to the road : Fact

    Driver should've seen cyclist : Fact

    No skid marks on the road from driver or cyclist : Fact

    Cyclist wasn't using helmet that could've saved his life : Fact

    Cyclist was in hunched down position on the road : Fact

    Cyclist wasn't paying his full attention to the ahead when approaching junction : Fact

    ACCIDENT : FACT

    So from the actual facts it is unfair to just blame one person, when clearly both parties were to blame.

    And as for you saying along the lines off "I would want my son in jail if he was the driver. My advise too you is this.

    iF you already have children (whatever age) you should advise them to leave and never come back to your house, because you will abandon them when they do wrong, and go against them when they need you most.

    And if you don't have kids the now and want kids in the future don't bother, because from what your saying you won't be a very good parent.

  • UNLESS YOU WERE THERE AND WITNESSED THE INCIDENT, HOW DO YOU KNOW THAT THE CYCLIST WAS IN A HUNCHED DOWN POSITION ON THE ROAD?

    FACT- THE DRIVER BEHIND THE HC DRIVER CLEARLY SAW THE CYCLIST

    FACT - THE CYCLIST WAS ON A ROAD BIKE NOT A TT BIKE

    HOW DO YOU KNOW THAT WEARING A HELMET WOULD HAVE SAVED THE CYCLIST?

    HAVE YOU SEEN THE POST MORTEM REPORT ?

    FACT - THE CYCLIST HAD THE RIGHT OF WAY ON A STRAIGHT SECTION OF ROAD AS IT WAS THE DRIVER WHO WAS TURNING RIGHT ACROSS THE CYCLISTS PATH.

    FACT - IT WAS THE DRIVER WHO THEN CONTINUED TO DRIVE AFTER HEARING A THUD AND FEELING A JOLT WITH THE DECEASED HANGING FROM HIS VEHICLE.

    FACT- IT WAS NOT THE REAR OF THE VEHICLE THAT THE CYCLIST HIT.

    I APPRECIATE THAT IT MAY BE DISTRESSING TO MANY PEOPLE INVOLVED BUT LETS NOT FORGET THAT THERE IS A FAMILY OUT THERE STILL TRYING TO COME TO TERMS WITH THE DEVASTATING LOSS OF THEIR LOVED ONE.

    MAYBE FOR THE TIME BEING IT WOULD BE A GOOD IDEA TO STOP THE MUD SLINGING AND DEBATE AND HAVE SOME RESPECT.

  • To the post by human.

    How dare you compare the killing of my Husband and the Father of my Children to that as something as trivial as spilling a glass of juice.

    It is Robert Mctaggerts fault that Jason is dead. FACT!

    Driver was not paying full attention to the road for a FULL 16 SECONDS. FACT!

    Don`t let the name Carrs Corner confuse you this is a STRAIGHT BIT OF ROAD. FACT!

    Driver should have seen Jason as THE DRIVER BEHIND Mctaggert DID. FACT!

    No skid marks found on the road from the driver or Jason as Jason had no time to react and the driver having heard a bang and feel a jolt did not apply his breaks quickly like any careful driver would but came to a leisurely stop 30 yards down the road. FACT!

    If Jason was wearing a helmet he would have been saved. RUBBISH! THE INJURY JASON SUSTAINED NO HELMET WOULD HAVE SAVED HIM. I HAVE SEEN THE POST MORTEM RESULTS SADLY.FACT!

    Jason was in the hunched down position NOT ON HIS ROAD BIKE. THE OTHER DRIVER COULD SEE JASON OVER THE TOP OF THE H.C VAN. FACT!

    To say this was partly Jason`s fault as he was not paying full attention to the road at the junction I don`t think so you can ask almost every cyclist who has raced or cycled with Jason and you would know there isn`t a more competent cyclist out there.FACT!

    If Mctaggert had entered the correct lane of the junction and not the exit lane then Jason might have been more prepared and might even still be here. FACT!

    ACCIDENT I DON`T THINK SO. INCIDENT THAT COULD HAVE BEEN PREVENTED. FACT!

    THERE IS ONLY ONE PERSON TO BLAME AND HE HAS PLED GUILTY TO HIS PETTY CHARGE.FACT!

    THERE IS ONLY ONE INNOCENT PERSON IN THIS AND SADLY HE IS NO LONGER WITH US. FACT!

    Is there a reason you keep saying cyclist and not his name JASON or does that make it a bit to personal. SADLY FOR US JASON`S DEATH IS VERY PERSONAL.FACT!

    I apoligise to other people on this site if this sounds like a rant as I had intended to keep a dignifide silence but I can not sit back and let people speak about Jason like that. As most of you know he is an amazing cyclist but he is also a great Husband and it is a privilage to call him my Husband.

    I don`t have any more to say on the subject.

  • Caroline - my apologies for stirring up "human" and prompting him to post all that rubbish. Most if not all cyclists on here (I have to wonder if he is actually a cyclist) very much agree and sympathise with you, and I'm sure they'd join me in wishing you hadn't had to read all that has been written here. No apologies needed for that outpouring of emotions - I hope time can eventually soften the pain for you.

    I think that is enough said - I certainly can't and wouldn't want to add anything. I hope others who have posted their misguided views can also respect that point.

  • Caroline

    Having come to this forum late, I felt compelled to echo aracer and offer sincere apologies from all right-thinking cyclists who contribute to this site for your having to tolerate reading stupid and insensitive comments such as human's. Your loss is also cycling's loss, though infinitely less acute for the rest of us. It makes one wonder how many more cyclists, who will be less celebrated than your Jason but whose loss will be as dreadfully felt by somebody, will suffer at the wilful negligence of drivers before proper action is taken against those responsible.

  • Of course it was an accident Hum an with no brain, but that does not mean the driver does not carry any consequences. If the cyclist saw or not the truck driver, the driver MUST have at least applied the brakes and hit the horn which he did not. See it as if it would have been running across the street, the least any judge would look at is if brakes were applied, but to carry (in this example) the body of s child for a few meters and then realize I may have something underneath the car is totally outrageous. Yes, accidents do happen, but when you are behind the wheel of a car there is also something called responsibility. The sentence given to the driver is an insult to the victims who are suffering such tragedy.

  • It has been very difficult for me to read this as I was unfortunate enough to have a very similar incident nearly 3 years ago.

    I was cycling down hill along a straight road and I could see a van approaching from the opposite direction. The van driver began to signal right to turn into a side road so I made eye contact with the driver, and I carried on feeling confident he would not turn in to the junction across my path. To my horror he did turn in, and despite feeling like an eternity before the collision I simply could not react in time.

    I don't remember much beyond the collision but I think my bike absorbed much of the energy from the impact as it was left disintegrated, and the frame severely buckled. Miraculously my head did not make contact with the van, how I am still unsure of, but my shoulder and legs were not so lucky. My collar bone fractured into 5 pieces as I hit the van. After healing my right shoulder was about 2-3 inches shorter than the left. I have since had that rectified by a very skilled surgeon leaving me with a healthy amount of metal in my shoulder.

    The van driver claimed he didn't see me despite the fact we made eye contact. He was charged with dangerous driving, and his punishment a driver improvement course and a two year suspended sentence.

    I will never forget seeing my family when they got to the hospital, it wasn't until that point I realised quite how horrendous the incident had been.

    Cycling was the biggest pleasure in my life but I am now too afraid to cycle on the road. I can not run the risk of this happening again leaving my children without a father.

    I would like Jason's family, particularly his wife and children, to know how sorry I am for their loss.

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