Prevention of Future Deaths reports · 2015

Charles Rayner

Regulation 28 report to prevent future deaths, reference 2015-0367, written 1 Oct 2015. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report1 Oct 2015
Reference2015-0367
DeceasedCharles Rayner
CoronerCrispin Oliver
Coroner areaCounty Durham and Darlington
CategoryRoad (Highways Safety) 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 !S BEING SENT TO:
1. P| Network Delivery and Development Yorkshire, North East

Regi i ity Walk, Leeds LS11
9AT,

CORONER

lam Crispin A Oliver assistant coroner, for the coroner area of County Durham and
Darlington

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.
(see attached sheet)

INVESTIGATION and INQUEST

On 9 April 2015 | commenced an investigation into the death of Charles Emest Rayner,
bom 10% July 1952. The investigation concluded at the end of the inquest on 30% of
September 2015. The conclusion of the inquest was that Mr Rayner died of multiple
traumatic injuries resulting from a road crash traffic collision on the AG6 trunk road in
County Durham, West of Bowes near the Otter Trust tumoff on the 6" of April 2015. At
about 10.00 a.m. He was overtaking vehicles on his motorcycle when he collided with a
vehicle and trailer tuming right at the intersection where there was no right tum slipway.
The conclusion was that of accidental death.

CIRCUMSTANCES OF THE DEATH

Mr Rayner was travelling on his motor cycle in a westerly direction on a duel
carriageway section of the A66 past Bowes and heading towards the Otters Trust
tumoff. At the time of the collision he was probably travelling at 86 miles per hour in a 70
miles per hour limit while overtaking in the outside lane. The motor cycle was in proper
working order and he was properly equipped and in all other respects acting lawfully. He
may have had difficulty in seeing the brake and indicator waming lights on the vehicle
and trailer he collided with as a result of the combination of sunlight reflecting off them
and the effect of his motorcycle sun visor, but it was reasonable for him to have been
using this. The vehicle and trailer he collided with were also travelling in a westerly
direction on the A66 when the driver manoeuvred to tum right into the central
reservation intending to enter the moors via a small access road, this entrance being off
the eastbound carriageway opposite the Otters Trust tumoff. The driver of the vehicle
and trailer was manoeuvring lawfully but it was necessary for him to reduce his speed to
near standstill for the manoeuvre to be completed. This was done in the outside lane
because there is no slip road/deceleration lane. Mr Rayner, travelling in the outside
lane, was unable to take avoiding action because of vehicles in the inside lane. The
collision ensued resulting in his death.

CORONER'S CONCERNS

During the course of the inquest the evidence revealed matters giving rise to concem. 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 crossover point between the Otter Trust and access road to the moors, traveling
West, does not have a slip road/deceleration lane for traffic travelling west such that to

carry out the tum it is necessary to reduce speed to a virtual standstill in the outside
lane.

2) There is no prohibition on a right turn by way of appropriate signage.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and [ believe you
{AND/OR your organisation] have 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 26" November 2015. 1, 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

| 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.

Crispin A Oliver M.A.
Also filed under 2015-0367: 2015-0367-Highways-England.pdf
5s highways
england

Our ref:

Your ref: CAO/AB/87 1/15 Regional Director, Yorkshire & Humber
and North East
Lateral

HM Coroner's Office : 8 City Waik

PO Box 282 Leeds LS11 9AT

Bishop Auckland

County Durham Direct Line: 0300 470 2422

DL14 4FY ;
24 November 2015

For the attention of Crispin A. Oliver

Dear Mr Oltver

Response to Regulation 28 Report to Prevent Future Deaths
Coroners (Investigations) Regulations 2013

A66 Vale House Farm (formerly the Otter Trust)
In relation to the Death of Mr Charles Ernest Rayner

| refer to your letter of 9 October 2015 and the accompanying Regulation 38 Report to
prevent future deaths in relation to the above.

Highways England was saddened by the news of Mr Rayner’s death and would wish to
extend sincere condolences to his family in this respect. We note your conclusion of
accidental death.

Your report details concerns that you have in relation to the arrangement of the road in
this location and that you believe that Highways England has power to take action to
prevent future deaths. Highways England accepts that it has power to take action and
wouid refer you to the measures set out below.

Following receipt of the Report, a detailed examination of the circumstances of this and
other collisions recorded In the vicinity of this location has taken piace, and a detailed
inspection and assessment of the road's layout has been undertaken.

Following a review of the arrangement of the A66 in the vicinity of Vale House Farm,
Highways England has determined that the most suitable approach to reduce future
collision risk and improve road user safety is to stop up the gated access to the
moorland, thus removing the need for future right turn manoeuvres to be made from the
A66 westbound carriageway. Work is aiso proposed to improve an alternative access to
the moorland that is located 380m west of Vale House Farm, subject to agreement with
the landowner.

Highways England Company Limitad ragistered in England and Wales number 00346383 IN PEOPLE

a =
Ragistered office Bridge House, { Walnut Tree Close, Guildford GU4 4Lz f we INVESTORS.
aw

Regrettably at this time, no funding is available to undertake this work. A bid will be
placed to request funding, which is normaily aliocated on a priority basis to ensure that
funds are targeted at sites that are likely to provide the greatest collision savings and
safety benefit to road users.

| trust that this information is of assistance in explaining Highways England's proposals
in relation to this location.

Yours sincerely

a

a Director, Yorkshire & Humber and North East

ne

Registered office Bridge House, 1 Walnut Tree Close, Guidlord GUI 4LZ f Wwe C INVESTORS.
‘eae?

Highways England Compeny Limited registered in Enpland end Weles number 09346363. (N PEOPLE

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