A council has been fined £40,000 over the death of a motorcyclist from Swanley who died after he collided with a street cleaner.

Sevenoaks District Council will also have to pay £32,000 in costs following the Health and Safety prosecution.

Maidstone Crown Court heard that the road sweeping vehicle was on the right-hand side of the B2173 A20 slip road on September 13, 2010, when Derek McCulloch’s Yamaha motorbike hit it.

The sweeper, driven by Anthony Heath with Mark Goodwin as a passenger, was moving at just 3-4mph, while the motorcycle was estimated to be travelling at over the 40mph speed limit.

The council pleaded guilty to two offences of failing to discharge a duty under the Health and Safety at Work Act 1974.

Judge Jeremy Carey said the sweeper had a big arrow on the back indicating to vehicles approaching from behind which side they should pass and flashing beacons on top of it.

"It seems to me these were significant failings and the risks were foreseeable" - Judge Jeremy Carey

But there were no road signs or any other system which would draw attention to the likely presence of the sweeper in the road for oncoming vehicles and no cones or road signs had been put out.

The judge said Mr Heath had responsibility that day for cleaning the whole of the area. He maintained he was required to sweep the right-hand side of the slip road.

Mr McCulloch, 58, from Swanley, went onto the slip road and saw the sweeper with another vehicle parallel to it.

“He endeavoured, unsuccessfully, to get through the gap,” said Judge Carey. “He struck the sweeper. The motorcycle slithered across the road and collided with a post on the left-hand side.

“By the time of the emergency services, Mr McCulloch had died.”

An investigation began and a safer system was put in place.

The judge said it seemed to him there was a failure in communication between the supervisor and the road sweeper.

The council had an unblemished record and in 2009 was regarded as one of the four best-run local authorities in the country.

It expressed deep regret for the death of Mr McCulloch.

The council was given 28 days to pay the total of £72,000.

In imposing the fine, Judge Carey said he had to consider the council’s financial resources.

It was more about bringing home the importance of its responsibilities.

“I am satisfied the defendants have taken a responsible attitude, not only to the prosecution and the consequences of their failings, but also they have ring-fenced a sum which I am entitled to conclude has financial viability,” he continued.

“Any fine will have an impact on the defendants and by that, therefore, those who are beneficiaries of the services they provide.

“It is a matter this court should have very much in mind. It seems to me these were significant failings and the risks were foreseeable.”