A HGV driver who ploughed into a factory boss photographing his number plate after a health and safety row has avoided jail.
Daniel Ley, 44, from the village of Harby, Nottinghamshire, had been dropping off bricks at a firm just outside Newcastle on April 28, 2022, when the scuffle occurred.
He had argued with the stores coordinator at the yard in the village of Throckley about how to unload correctly, which the employee reported to his manager.
The factory chief then stood in front of Ley’s truck to take a picture of the registration number.
Ley, who was behind the wheel at the time, moved the HGV forward and struck the manager, pushing him until he was eventually able to get himself out the way.
Miraculously, the boss suffered only back, neck and buttock pain and managed to stay on his feet as the vehicle ploughed into him.
But the driver admitted attempting to inflict GBH with intent and has now been handed a two-year sentence, suspended for two years, at Newcastle Crown Court.
He must also complete 200 hours of unpaid work, pay his victim a £500 compensation order and cover costs of £1,000.
Ley will also need to meet rehabilitation requirements while his jail time is suspended.
But incredibly, he has kept his job, with his lawyer Chris Jeyes explaining: ‘It’s an aberration in an otherwise decent and law-abiding professional driving career.
‘His employer is fully aware of what’s taking place today and has kept him in employment since these events.
‘He has kept him on and wishes to keep him on if he can.’
Shocking footage shows the manager, dressed in fluorescent orange workwear, approach the cab of the truck, before Ley pulls his door shut.
He gets his phone out, moves to the front of the vehicle and looks down at his screen – unaware Ley was preparing to set the truck in motion.
The boss appears taken aback at first when the driver hits him at speed, stumbling along as the HGV pushes him across the yard.
As he manages to get out of the way, the truck appears to gather speed to try to move past him, with the factory worker hitting the cab a few times as it drives away.
Judge Sarah Mallett said: ‘You went to the company to collect a load of bricks and you had an argument with a member of staff who was concerned about your lack of compliance with health and safety rules and were told he would have to report you.
‘You replied, “If that’s what you have got to do, then that’s what you have to do”.
‘He entirely appropriately passed his concerns to the factory manager.’
The judge said after a discussion with the manager, Ley ‘drove forward, striking him and pushing him back’.
Judge Mallett added: ‘Fortunately, he was able to stay on his feet at all times. The potential consequences had he failed to do so are obvious.’
As Ley was making the drop-off, the stores coordinator spoke to him about the firm’s health and safety policies.
The driver asked if he could get onto his vehicle to ensure his load was secure.
Prosecutor Kevin Wardlaw said: ‘Despite being told he could not as this would breach health and safety rules, he climbed onto the trailer.’
After the employee reported the dispute to his manager, the boss told Ley he would not be welcome back in the yard if he did not follow its rules.
The manager also said, at the end of his discussion with the driver, he intended to take a picture of Ley’s number plate.
Mr Wardlaw said: ‘The complainant walked to the front of the vehicle to that, at which point the defendant drove forward, striking the complainant and pushing him backwards.
‘The complainant didn’t want to fall in front of the vehicle and tried to roll to his left, away from the vehicle, which he eventually managed to do.’
The victim was left in pain, the court heard, and said in an impact statement he was shaken up by what happened.
Ley’s lawyer Chris Jeyes said his client, who has never been in trouble before and is still in employment, ‘reacted badly’ after becoming frustrated.
References from those who know Ley, who has caring responsibilities, described him as a ‘decent, conscientious and hard working’ man.
