A coroner has called for changes to be made to how long working van drivers can carry on without a break after a mother was knocked down and killed by a delivery driver.
Jennifer Davies, 69, was struck as she crossed a roundabout in Brighton, East Sussex, at the height of lockdown in May 2020.
The former nurse was knocked to the ground and suffered a serious head wound and despite treatment by doctors, did not recover from her injuries.
She died in hospital two days after being hit by Kamil Zieba, 42, who was driving a DPD delivery van.
Zieba - who had his son in the van at the time of the crash on May 21 - was seen driving without his hands on the wheel, rolling a cigarette, and mounting the kerb in the lead-up to the fatal accident.
At Hove Crown Court last January, he was jailed for three years and six months after previously pleading guilty to causing death by careless driving on the day he was due to stand trial.
A jury found him not guilty of the more serious allegation of causing death by dangerous driving.
Sentencing him, the judge took aim at parcel delivery services that set time and parcels targets for workers.
Judge David Rennie said he hoped the case would give an opportunity to “influence changes to some of these practices” and avoid future tragedies.
The court was shown footage of Zieba’s driving where he repeatedly drove with his hands off the steering wheel, rolled cigarettes, ate and drank, used a mobile phone and checked notes while driving.
The footage showed his vehicle mounting pavements, sometimes with double yellow lines, reversing from a cul-de-sac into a main road, and other inconsiderate manoeuvres, Sussex Police said.
Passing sentence, Judge Rennie said: “Anyone watching that video could be forgiven for thinking that it was only a matter of time before something terrible happened, and it did.
“It was the extremely careless way you chose to drive that day that killed Mrs Davies, and that was completely avoidable.”
At an inquest into the death on June 21, 2021, concerns were raised about the length of time van drivers were doing deliveries following the boom in online shopping since the pandemic.
Penelope Schofield, acting senior coroner for Brighton and Hove, said she was worried that smaller delivery vehicles are not subject to the Working Time Regulations that apply to HGV drivers.
Under the EU Working Time Directive implemented around 20 years ago and still law in the UK despite Brexit, HGV drivers have to take a 45 minute break after four-and-a-half hours of driving and cannot work for more than nine hours a day.
But drivers of smaller vans can be asked to work up to 11 hours a day and although they can be asked by their bosses to take a 30-minute break, there is no legal requirement to do so, the coroner added.
Ms Schofield wrote to the Department for Transport and The Secretary of State for Transport, Grant Shapps MP, calling for this issue to be investigated.
She said: "During the investigation, my inquiries revealed matters giving rise to concern.
"In my opinion there is a risk that future deaths could occur unless action is taken.
"Delivery van drivers, of vehicles under 3.5 tonnes, are not subject to the current Working Time Regulations.
"However, as in this case, a driver could be required to work up to 11 hours a day. Whilst employers can stipulate that their drivers should take a 30-minute break there is no legal requirement upon them to do so.
"With the growth in home parcel delivery this is putting lives at risk. Delivery van drivers, by the very nature of the work that they do, are being driven in hugely populated areas where pedestrians are particularly at risk.
"In my opinion action should be taken to prevent future deaths and I believe you [the Department for Transport] have the power to take such action."
Detective Constable Jake Dallaway, from Sussex Police’s Serious Collision Investigation Unit, said the tragic collision which was "needless and avoidable".
He said after the sentencing hearing: “Zieba’s driving that day put the safety of other road users at risk.
“Drivers should always maintain proper concentration and control of their vehicle, and should always be considerate of other road users while driving.
“By not paying attention to those around him, Zieba caused this tragic collision which was needless and avoidable.”
At the end of the inquest, the coroner made an overall conclusion that the cause of death was a road traffic collision.
In response, Mark Harper MP who now holds the post of Secretary of State for Transport, said current laws were sufficient and it was down to employers to enforce sufficient breaks for their workers.
In a letter to the coroner, he said the UK's domestic drivers' hours rules were designed to 'ensure drivers do not harm themselves and other road users'.
He wrote: "The current drivers' hours and working time rules are vital in ensuring the safety of drivers and others on the road and it is important that these rules are adhered to by delivery companies.
"In addition to the drivers' hours and working time rules, delivery companies, as employers, have legal obligations under Health and Safety at Work legislation.
"For example, they're required, so far as is reasonably practicable, to ensure the health and safety of their employees while at work and others who may be put at risk by their work activities.
"In addition, they have a legal duty as an employer to manage risks from fatigue, irrespective of any individual's willingness to work extra hours.
"Therefore, delivery companies should have policies and practices in place to manage the risks of fatigue to ensure their employees do not drive whilst tired, putting themselves and other road users at risk."
Mr Harper added that it was for the courts to decide the scope of the current legislation on working times.
He added in the letter: "If the driver of the vehicle did not receive the required adequate rest, then it is the department's view that the delivery company may not have been adhering to the requirements in both the working time and health and safety legislation."
DPD has been approached for comment.
