THE FAMILY of a pensioner who died after being knocked down by a bus have slammed the penalty given to the driver.

Joyce Rigby, 61, died at Accrington bus station, Peel Street, last October after she was hit as she used a zebra crossing during a shopping trip.

Her sons are outraged that bus driver Roy Harris, who received a one year driving ban and a £400 fine, was not jailed.

And they have called for a change in the law to allow courts to impose tougher sentences on drivers whose actions result in death, but fall short of a death by dangerous driving charge.

Outside court, investigating officer PS Stuart Isherwood of Accrington road policing unit, said: "Many people feel there is a gap in the law that falls between driving without due care and attention and death by dangerous driving. This case falls into that."

Harris, 44, of Bolland Close, Clitheroe, and formerly of Fife Street, Accrington, pleaded guilty to driving without due care and attention at Hyndburn Magistrates Court yesterday.

He admitted he had not seen Mrs Rigby, of Fairfield Street, Accrington, despite pedestrians' frantic calls to get his attention.

A second charge of failing to stop, brought after Mr Harris left the scene to sit in the nearby Brooks Club, in a state of shock, was dismissed. The maximum sentence for the charge is a driving ban and fine.

The greater charge of death by dangerous driving carries a maximum penalty of 10 years imprisonment.

After more than a year of waiting for justice, Mrs Rigby's three sons, Mark, Anthony and Jason, said they were bitterly disappointed.

Anthony, 36, of Belfield Road, Accrington, said after the hearing: "We expected the driver to get a prison term but we understand the magistrates can only give so much for this. We're thinking about a civil claim."

The family has also called for Hyndburn Council to change the layout of the bus station, which they claim is a "death trap."

Magistrates heard Harris already had 11 penalty points on his licence, eight of which were for a previous offence of driving without due care and attention in March 2001.

Hilary Reece, prosecuting, accepted Harris did not see Mrs Rigby because of a blind spot in the double-decker bus windscreen, but said as a professional driver he should have been expecting pedestrians to be using the zebra crossing.

Wayne Goldstein, defending, said the incident had affected Harris so badly he left his job at Pilkington's bus company and now worked as a self-employed van driver.

He said: "There could be no greater punishment than that which has been put on him already. This was a moment's lapse, nothing more sinister than that."

After the case, Hyndburn Council leader Peter Britcliffe said: "We have taken steps to improve the bus station since the accident.

"But we will never be able to legislate for someone who is driving without due care and attention, for human error."