THE driver of a maintenance vehicle which killed two men, one a father-of-five from Burnley, as they worked at night on a railway track has told a jury that when he was reversing he “felt a sort of judder and it was immediately apparent that a terrible accident had occurred.”

David Pennington, of Cog Lane, and fellow worker Martin Oakes died when they were hit by the maintenance vehicle as they worked in darkness on a section of line in Staffordshire.

Stafford Crown Court has heard that 46-year-old Mr Pennington, of Cog Lane, and Mr Oates, 38, would not have seen or heard the vehicle coming along the track.

Driver David Jones, recalling the night of the accident in September 2004, said: “I started to reverse. I was looking over my left shoulder and had travelled about half the length of a rail delivery train when the accident occurred.

“It did not register straight away what it might have been. Then I immediately applied the brakes hard. I jammed on the brakes.”

Jones said there were red lights at the back of his road-rail vehicle and white lights at the front “but I can't be absolutely certain that the lights had been switched over.”

He added: “I assumed that everyone on the site would be advised that the road-rail vehicle would be reversing and everyone would be in a safe place. I thought everyone would be informed of the road-rail vehicle’s movement.”

Before the court are Jones, 48, of Parkfield Crescent, Swadlincote, Derbyshire, John Brady, 44, of Chaucer Road, Birmingham, Wayne Brigden, 29, of Hernal Court, Birmingham and V G Clements Ltd with headquarters in Perivale, West London.

Jones and Brady pleaded not guilty to endangering the safety of rail passengers. Jones, Brady and Brigden denied failing to take care of the safety of themselves and others.

VG Clements pleaded not guilty to failing to ensure the safety of employees and non-employees.

Jones said he had undergone three-day training courses for road-rail vehicles with further sessions over the years. He added he did not have the freedom to move his vehicle without being told by a machine controller.

“He is very important and I can’t go anywhere without being told,” he said.

“I reversed and assumed that anyone on the site would have advised what the road-rail vehicle was doing and everyone would be in a safe place.”

The trial continues and is expected to finish at the end of the month.