Prevention of Future Deaths reports · 2014

Brendan Ryan

Regulation 28 report to prevent future deaths, reference 2014-0541, written 18 Dec 2014. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report18 Dec 2014
Reference2014-0541
DeceasedBrendan Ryan
CoronerAndrew Barkley
Coroner areaPowys, Bridgend & Glamorgan Valleys
CategoryRoad (Highways Safety) related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

ANNEXA 

REGULATION 28:  REPORT TO  PREVENT FUTURE DEATHS (1) 

NOTE:  This form is to be used after an inquest. 

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO: 

1.  Chief Coroner 
2. 
3. 
CORONER 

-Powys County Council 

1 

I am  Andrew Barkley,  Senior Coroner,  for the coroner area of Powys,  Bridgend and 
Glamorgan Valleys 

2 

CORONER'S LEGAL POWERS 

I 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. 

3 

INVESTIGATION and INQUEST 

th 

August 2013 I commenced and  investigation into the death of Brendan Owain 

On  the 6
Ryan,  aged 21.  The investigation concluded at the end of an  inquest on  the 11th 
December 2014.  The conclusion of the  inquest was of "Road Traffic Collision" and the 
medical case of death was:­

1a.  Neck Injuries 
1b.  Road Traffic Incident 

4 

CIRCUMSTANCES OF THE  DEATH 

Brendan Owain  Ryan was the front seat passenger in  a Peugeot 205 vehicle driven by 
his  best friend, 
Powys when on the 31 st July 2013 the vehicle left the road colliding with a stock fence 
and entering a field.  Mr Ryan was declared deceased at the scene. 

 along the A488 between Pen-Y-Bont and  Knighton  in 

5 

CORONE~SCONCERNS 

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.  There is evidence of an  unusually high  number of incidents taking place at this 
particular location.  Powys County Council are aware of three injury collisions 
and there is evidence, from the residents of Brook House,  that there have been 
many accidents at or near this location which  the evidence indicated are most 
likely to have been caused  by excess speed.  Furthermore it is  believed there 
were three collisions at or near this collision  site within a six day period 
surrounding this incident. 

 
 2. 	 Evidence from  the  Collision Investigator in  this case showed that the maximum 
speed  at which the bends in  this road  at this location could  be travelled at were 
50 and  53 mph depending on  the direction of approach.  Whilst it is 
acknowledged that the County Council  have  installed new signing and double 
white lines in  the area in  light of the  unusually high  number of incidents in  which 
vehicles appear to  have left the road,  most likely as a direct result of excessive 
speed,  it is felt that consideration ought to  be given to a restricted  speed  area at 
this location. 

6 

ACTION  SHOULD BE TAKEN 

In  my opinion action should  be taken to  prevent future deaths and  I believe you and your 
organisation  have the  power to take such action. 

7 

YOUR RESPONSE 

You  are under a duty to  respond  to  this report within 56 days of the date of this report, 
namely by  12'h  February 2015.  I,  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. 

8 

COPIES and  PUBLICATION 

I have sent a copy of my report to  the  Chief Coroner who may find  it useful or of interest. 

I 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. 

9 

18m  December 2014

2

Responses

1 response published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.

Response from Powys County Council (PDF)
Powys

Priffyrdd, Trafnidiaeth & Ailgyichu

Pennaeth Priffyrdd, Trafnidiaeth & Ailgyichu Highways, Transport & Recycling
Head of Highways, Transport & Recycling Cyngor Sir Powys County Council
Neuadd y Sir/County Hall
Llandrindod Wells, Powys, LD1 5LG
HMC Andrew Barkley Os yn galw gofynnwch am /If calling please ask for:
Her Majesty’s Coroner Enw /Name: a
Rock Grounds Ffén/Tel: Ps
First Floor Ffacs /Fax : 01597 826651
Aberdare Ebost / Email : traffic@powys.gov.uk
CF44 7AE
Eich cyf/ Your Ref :
Ein cyf/ Our Ref : po
Dyddiad / Date: 12 February 2015
Dear Mr Barkley

Brendan Owain Ryan (deceased)

| refer to your letter dated 19'" December 2014 enclosing the regulation 28 form for which |
wish to make the following response. | apologise for the delay in providing this response.

Highway Authorities should pay regard to guidance from the Welsh Government on the
setting of local speed limits [WG Circular No 24/2009]. This is to ensure speed limits are
imposed in a consistent manner across wales. The guidance makes it clear that speed
limits should not be used to attempt to solve the problem of isolated hazards.

Following the fatal collision on the 6" August 2013 a number of measures were taken at
this site. This initially consisted of temporary traffic management measures until detailed
surveys could be undertaken to establish the road conditions.

The surface grip test indicated that the surface was fine but a topographical survey noted
a small area of concern to the northwest of the bridge. As a result of the survey, a
reprofiling scheme was identified and works were completed during summer of 2014
following a successful bid to the Welsh Government for grant funding.

An accident analysis of the recorded personal injury collisions was undertaken and did not
highlight any patterns which would have identified this site as being of concern. However
due to the anecdotal evidence of the number of damage only collisions it was considered
prudent to implement additional engineering solutions to provide further warnings to
motorists.

Surveys into the signing and lining resulted in sections of double solid white centre line
being introduced though the bends and additional series of bends warning signs being
erected on both approaches. The solid centre lines were considered appropriate not just
because of the reduced forward visibility but also from concerns raised by the Community
Council of poor overtaking manoeuvres. Verge marker posts have also been added
adjacent to the bridge parapet to highlight its presence and assist in denoting the road
alignment.

a4 9¥
Cymunedau eryf yng, nghalon werdd Cymru oye. ge 8 .
Strong communities in the green heart of Wales - nyaoes
www. powys.gov.uk (ya

These engineering measures are considered appropriate measures to meet the duty of
this Authority under Section 122 of the Road Traffic Regulation Act 1984 as amended.
Given this and the Welsh Government guidance not recommending speed limits for
individual hazards it is not considered appropriate to impose a lower speed limit at this
location.

Yours sincerely

Road Safety and Traffic Systems Manager

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