THE motorist blamed for the Selby rail crash in which ten people died has applied for early release from prison, it has been reported.

Gary Hart was jailed for five years in December 2001 after he was found guilty of causing death by dangerous driving at Leeds Crown Court.

He is entitled to apply for early release once he serves half his sentence, which means he could be freed within a matter of months.

The parole board will make a ruling based on his behaviour in jail and the likelihood of re-offending.

Meanwhile, Hart, who is being kept at North Sea Camp open prison, at Skegness, Lincolnshire, could soon hear whether a third attempt to challenge his conviction gets the go-ahead.

He has already failed with two appeals.

The Criminal Cases Review Commission is due to make a decision on whether the case should be referred back again to the Court of Appeal.

The commission can make submissions to the court if it considers fresh evidence casts doubt on a conviction.

Commission spokesman Boris Worrall said: "Things are progressing and the review of the case is coming to a close."

Prosecutors said Hart had not been fit to drive on the day of the crash after spending all night on the phone to a girl he met on the Internet.

His Land Rover came off the M62 and plunged down an embankment on the East Coast Main Line, derailing a high speed GNER passenger train, which then collided head-on with a freight train.

The father-of-four has submitted documents that say his car crashed after a rear tyre burst and claims skid marks on the motorway prove he had been awake and reacted to the blow-out by braking hard.