THE DRIVER of a public bus which struck a concrete barrier and flipped at Belmont two years ago, tossing passengers out a window, may have been distracted and had reduced vision, a safety report has revealed.
A report released last month by the Office of Transport Safety Investigations (OTSI) laid out findings and recommendations stemming from the crash in the early hours of November 13, 2022.
A public bus was travelling west on Wommara Avenue with six passengers on board, plus the driver, when it hit a barrier and rolled, landing in a two-metre-deep drainage channel just after 3.45am.
Two people were thrown from the bus and one suffered serious injuries. Several others were hurt and needed medical treatment.
The OTSI investigation found the driver "likely experienced several factors which reduced their visual acuity and contrast sensitivity".
The Bus Safety Report said that meant the driver was unable to identify the road and concrete barrier ahead, and the bus travelled on a path misaligned with the road.
The driver was presented with challenging conditions which may have adversely affected his ability to operate the passenger service safely, including the time of night, low light, glare and the likely presence of fog, according to the report.
OTSI found the driver "may have been distracted" by an on-board speed warning system as the bus approached the barrier, which led him to look down at the dash.
"This removed the opportunity for the bus driver to identify the imminent collision and take evasive action," OTSI investigators said in the report.
It said the barrier was designed with a sloped edge which acted like a ramp when hit by the bus, which then became airborne and rolled into the drainage channel next to it.
"The barrier had limited markings and reflectors to provide increased driver visibility of its position," OTSI found.
Operator Keolis Downer Hunter (KHD) was not aware the driver had a diagnosed ocular medical condition, which resulted in a "missed opportunity" to assess potential risks and determine if other measures needed to be considered, like no night driving, the report said.
The driver's last day off before the crash was a week earlier on November 6. On November 11, he worked just more than 12 hours, finishing at 3.49am on November 12, which was within fatigue management rules.
He signed on for voluntary overtime just after 7pm that night for a charter, with a crib break, before starting his fateful rostered shift at 9.19pm.
The OTSI report said the driver reported feeling tired but not fatigued.
Investigators said they found no evidence to support the driver had microsleeps, and that he said CCTV vision of him dropping his head down was his attempt to see more clearly out the windscreen.
"While the driver reported that they felt tired leading up to the time of the incident, there was no available evidence to support that fatigue directly contributed," the report said.
OTSI made a number of recommendations for KHD, Lake Macquarie City Council (LMCC) and Transport for NSW as a result of its investigation, and noted some remedial safety actions had already been implemented.
It said KHD should review its on-board vehicle monitoring system driver alerts, ensure bus drivers were aware of how to effectively manage glare from internal lighting and review the route risk assessment.
OTSI recommended LMCC review the road markings and infrastructure at the incident site, which had been addressed at the time the report was released.
Transport for NSW should amend its guidance provided to operators to consider extra preventative measures for the medical assessment of bus drivers, the report found.
Separate to the OTSI investigation, the driver was charged by police and sentenced in Newcastle District Court in August to three years in jail, with one-and-a-half years without parole, for a string of charges stemming from his role in the crash.
A bus passenger told the Newcastle Herald after the crash that he felt like he had "cheated death".
