Prevention of Future Deaths reports · 2014

Malcolm Potter

Regulation 28 report to prevent future deaths, reference 2014-0082, written 27 Feb 2014. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report27 Feb 2014
Reference2014-0082
DeceasedMalcolm Potter
CoronerBelinda Cheney
Coroner areaCambridgeshire (South & West)
CategoryRailway related deaths
Sourcejudiciary.uk record · original PDF
Responses publishednone published

The report

Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. Reproduced verbatim, including the scan's own layout.

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT IS BEING SENT TO:

4.
Route Managing Director, Network Rail

CORONER

| am Belinda Cheney, assistant coroner, for the coroner area of South and West
Cambridgeshire

CORONER’S LEGAL POWERS

| make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009
and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013.

INVESTIGATION and INQUEST

On 9 October 2013 | commenced an investigation into the death of Malcolm James
Ernest Potter aged 76 years. The investigation concluded at the end of the inquest on 6
February 2014. The conclusion of the inquest was that:

1. The medical cause of death was:

1(a) Multiple injuries predominantly neck fracture
2 Diabetes mellitus, coronary artery atherosclerosis, hypertension

2. Narrative Conclusion:

On 3rd October 2013 Mr Potter took his regular walk across the Dernford Crossing,
"a user-worked crossing". After the South bound train passed Mr. Potter proceeded
to cross but was struck by a North bound train at around 0920hrs. He had no
opportunity to see the light change from red when triggered by the arrival of the
North bound train. This was due to configuration of the crossing. Life was
pronounced extinct at 0948hrs.

CIRCUMSTANCES OF THE DEATH

Mr Potter was a regular walker in his local area. On 3.10.13 he approached the Dernford
railway crossing while out walking. He waited for a south bound train to pass then he
crossed the track and was struck by a north bound train which he did not apparently see
or hear.

CORONER’S CONCERNS

During the course of the inquest the evidence revealed matters giving rise to concern. In
my opinion there is a risk that future deaths will occur unless action is taken. In the
circumstances it is my statutory duty to report to you.

The MATTERS OF CONCERN are as follows. —

(1) The warning light for pedestrians is positioned before the gate through which the
pedestrian passes before crossing the track. A red light is triggered by a train coming

towards the crossing and turns green once it passes. The warning light system relates to
individual trains and is not synchronised to take account of another train about to arrive.
It is therefore possible for a pedestrian to see a red light turn green, and pass through
the gate to cross the track oblivious to the light having turned red again due to an
approaching train.

(2) It is the view of British Transport Police that this death could have been prevented by
positioning the light on the opposite side of the track. Pedestrians would then see that
another train was coming even after they have passed through the gate. A horn or some
similar noise was recommended as an additional safeguard as provided on other
crossings.

(3) The type of crossing is more suited to a quiet rural line than a very busy commuter
and freight line as this one is, running between London and Cambridge.

(4) While there have been no previous accidents there is nothing to prevent this accident
reoccurring at any time.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe National Rail
has the power to take such action.

|
YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report,
namely by Thursday 24 April 2014 |, the coroner, may extend the period.

Your response must contain details of action taken or proposed to be taken, setting out
the timetable for action. Otherwise you must explain why no action is proposed.

COPIES and PUBLICATION

| have sent a copy of my report to the Chief Coroner and to the following Interested
Persons
HE the next of kin and PY Principal Inspector for the RAIB.

eis Transport Police

| am also under a duty to send the Chief Coroner a copy of your response.

The Chief Coroner may publish either or both in a complete or redacted or summary
form. He may send a copy of this report to any person who he believes may find it useful
or of interest. You may make representations to me, the coroner, at the time of your
response, about the release or the publication of your response by the Chief Coroner.

27 February 2014 Belinda Cheney

Related reports

Other reports by Belinda Cheney

See all →

More reports categorised “Railway related deaths”

See all →

Track Railway related deaths

See every Prevention of Future Deaths report matching Railway related deaths, and how often a new one appears.

What would an alert for this have sent me? Search the full text

Free to try — the preview shows the real matches and how many arrived in the last 12 months. Your first email alert is free.

These reports are published by the Chief Coroner's office at judiciary.uk and are © Crown copyright. The text here is reproduced from the published PDF so it can be searched. If something on this page is wrong, or you are a person named in it and want it reviewed, email drcjar@gmail.com and we will act promptly.