By ROBERT GIBSON robert.gibson@hexham-courant.co.uk

Last updated 09:42, Friday, 18 July 2008

A DELIVERY driver who caused a collision when he drove on to train tracks at Bardon Mill has been spared a prison sentence.

Guilty driver: Graham Foster, his face hidden, makes his way to the court with his parents.

Graham William Foster (21), of Blyth, failed to ring the signal box at a level crossing on June 3.

A train crashed into his van, causing him minor injuries. Although none of the passengers was hurt on the train, it is thought to have been close to being derailed.

Foster pleaded guilty at Tynedale Magistrates’ Court on July 8 to endangering the safety of 45 railway passengers on the 16.24 Newcastle to Whitehaven Northern Rail service.

The case was adjourned for pre-sentence reports to be produced, and Foster was warned at the time that he could face prison.

But when he re-appeared before the court on Tuesday, he was given a 13-week custodial sentence suspended for 12 months.

The court heard that on the day of the offence, Foster’s employer, DHL, had asked him make a total of 120 deliveries.

After going all day without a break, he received a call asking him to take parcel immediately to a customer who had complained of delays.

As he was unacquain-ted with Tynedale, he put the address into his van’s sat-nav and, feeling under pressure to complete what was required, proceeded down a country lane.

Assuming his destination lay on the other side of this, he continued and ended up on the tracks.

The collision caused Foster minor injuries to his ribs, legs and left arm. He was taken to hospital and the recovery of his damaged van led to long delays on the track.

The train continued on to Carlisle, where it was taken out of service.

Prosecuting, Alison Wil-kinson said the accident scene was later examined by transport police, who found instructions at the crossing to be clear and unobstructed.

They concluded that if Foster’s vehicle had been slightly further on to the track, the train could have been derailed.

Defending, Michelle Turner said there had been no malicious intent by Foster.

“At no time has it been suggested that his actions were malicious or in any way deliberate,” she said.

“This was an accident and an unfortunate oversight on his part.”

She added that since the incident Foster had been dwelling on the “what could have beens” and would be receiving counselling for stress.

Chairman of the bench, Mr R. Booth, said people could have been killed were it not for the “exemplary actions” of the train driver, who had reduced his speed as much as possible.

Foster was told: “Your life and lives of the general public have been put at risk because of what you did that day.

“However, we have taken into account the fact that you were under extreme duress from your employer at the time of the accident. We also appreciate that you do show considerable remorse.”

On top of the suspended sentence, Foster will complete 200 hours unpaid community work, and pay £60 court costs.