Colin Lawson Transport Limited (CLT) pled guilty to failing to ensure that the loads they were transporting were properly secured and did not pose a risk to the public between 22 August 2020 and 18 December 2020.

CLT’s failures caused the death of the 53-year-old driver of a passing car and severe injury to the passenger.

The procurator fiscal told the court that the fatal incident happened on the A92 St Cyrus to Montrose road at Kinnaber on Saturday 22 August 2020.

The prosecutor described how a mooring buoy which the company was transporting by lorry came loose and fell, causing George Moran, the driver of a passing Kia Picanto, to take evasive action. The mooring bouy struck and damaged the car, causing Mr Moran’s death and severe injuries, permanent disfigurement, and permanent impairment to his wife, Pamela.

In a separate incident on 18 December 2020, on the A92 between Montrose and Stonehaven, near to Johnshaven, an inadequately secured load shifted when the lorry transporting it clipped a kerb causing the vehicle to become unstable and turn onto its nearside, causing damage to a wall.

The Police Scotland and COPFS investigation, which had specialist support from the Health and Safety Executive, found that CLT had failed to conduct a proper assessment of the risks connected with the transportation of loads.

They also failed to create and put into effect suitable arrangements or provide adequate information, instruction and training to employees in relation to the proper securing of loads being transported on their vehicles.

Speaking after the sentencing, Debbie Carroll, who leads on health and safety investigations for the COPFS, said: “George Moran lost his life, and his wife was severely injured in circumstances which could have been avoided had the risks been recognised and simple plans put in place.

“By failing to do so Colin Lawson Transport Limited put the public’s health and safety at risk.

“The prosecution and the sentence serve to highlight that a failure to ensure the proper securing of loads for transport can have tragic consequences and those responsible will be held to account for their failings.