Prevention of Future Deaths reports · 2015
Regulation 28 report to prevent future deaths, reference 2015-0466, written 24 Nov 2015. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 24 Nov 2015 |
|---|---|
| Reference | 2015-0466 |
| Deceased | Jonathan Hawes |
| Coroner | Caroline Sumeray |
| Coroner area | Isle of Wight |
| Category | Road (Highways Safety) related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
REGULATION 28: REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: 1. 1 CORONER I am Caroline Sarah Sumeray, Senior Coroner for the Coroner Area of the Isle of Wight. 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 On 26th May 2015 I commenced an investigation into the death of Jonathan Edward Hawes, aged 48. The investigation concluded at the end of the inquest on 17th December 2013. The conclusion of the inquest was Road Traffic Collision. The medical cause of death was found to be: 1a Multiple Injuries. 1b 1c 2 4 CIRCUMSTANCES OF THE DEATH 1) Jonathan Edward Hawes was born on 7th November 1966. At the time of his death, he was 48 years of age. 2) Mr Hawes was a very experienced motorcyclist, having ridden motorcycles for in excess of 30 years. 3) On 24th May 2015, he was riding with 2 friends in convoy, with Mr Hawes leading the group. They were travelling at a leisurely pace, between 20-30 mph on the A3055 Cowleaze Hill, Shanklin from the Ventnor direction. The road is a single lane carriageway in both directions, subject to the national speed limit, i.e. 60 mph. 1 4) A white Renault Megane motor vehicle was travelling in the opposite direction being driven by a man, accompanied by his wife (in the front passenger seat) and 2 children in the rear of the vehicle. This vehicle was travelling below 30 mph. 5) The road twists and turns with bends in both directions and is subject to a degree of camber in places. As the car driver rounded a left-hand bend, there was a blind kink in the road to his right. He suddenly became aware of a motorcycle appearing from the other direction which was leaning heavily to its left side. The motorcycle dropped flat to the ground and slid across the carriageway slamming into the front of the car. 6) The car’s airbags immediately inflated. The driver exited the vehicle and found the motorcyclist appeared to have died instantly in the collision with the front of his vehicle. 7) Assistance was provided from people living near to the scene of the collision, and paramedics arrived shortly after the incident, but they were unable to resuscitate Mr Hawes and pronounced him life extinct at 17.15 hours. 8) Examination of the vehicles involved revealed no defects, however it is likely that Mr Hawes was in 5th gear (out of 6), when the other experienced motorcyclists and Police witnesses suggested that a more appropriate gear to take that bend might be 2nd or 3rd gear. 5 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. During the course of the evidence, it became clear that whilst this stretch of road is subject to the national speed limit of 60 mph, all of the witnesses who gave evidence and who traverse the road regularly suggested that it would be dangerous to attempt to drive that stretch of road where there are blind bends and cambers, at 60 mph. 2. I am concerned that a reconsideration of the speed limit on Cowleaze Hill should be undertaken. 3. I am concerned that there are a failure to exhibit appropriate road signage and 2 6 ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and I believe you and/or your organisation have the power to take such action. YOUR RESPONSE 7 You are under a duty to respond to this report within 56 days of the date of this report, namely by 19th January 2016. 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 and to the following Interested Persons: the family of Jonathan Edward Hawes. 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 H.M. Senior Coroner – Isle of Wight 24th November 2015 3
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.
Island Roads St. Christopher House, 42 Daish Way, Newport, isle of Wight, PO30 5xXJ Tel: 01983 822440 www.islandroads.com Island Roads 2 H.M. Coroner Coroner's Office Seaclose Offices Newport Isle of Wight PO30 2QS 16'" December 2015 Dear H.M. Coroner Subject: Regulation 28 Notice — Mr J E Hawes In response to your Regulation 28 Notice regarding the death of Mr Jonathan Edward Hawes in a road traffic collision, please find attached a report that provides responses to your recommendations. | would like to take this opportunity to make you aware that, although Ringway Island Roads manage and maintain the highway network on behalf of the Isle of Wight Council. The powers to implement reduced speed limits and install new road signs remain with the Isle of Wight Council, as they are the Local Highway Authority. Future correspondence should therefore be sent to Mr Bill Murphy, who is the Isle of Wight Council PFl Contract Manager and Traffic Manager. Yours sincerely Paul Herbert Service Director — Ringway Island Roads Ringway istand Roads Ltd Registered Office: Albion House, Springfield Road, Horsham, West Sussex RH12 2RW Registered in England No: 8108944 VAT Registered No. 321 9318 74 landroads.com WWW.S Highway Safety Assessment — A3055 Cowleaze Hill 1 Introduction The purpose of this report is to investigate the concerns raised in the Regulation 28 Notice issued by the Coroner’s Office following the investigation into the death of Jonathan Edward Hawes. Mr Hawes was involved in a road traffic collision on the A3055 between Ventnor and Shanklin on 24" May 2015 16:55. The collision occurred on a left hand bend near to the property Glenevon. The motorcycle Mr Hawes was riding crossed the centre line and collided with a vehicle travelling in the opposite direction. 2 Collision Investigation In the last five years there have been 12 recorded personal injury collisions on A3055 between Ventnor and Shanklin. There has been one fatal, two serious and nine slight injury collisions. Eleven of the twelve collision occurred within the national speed limit with the twelfth incident recorded at the boundary of the national and 40mph speed limit. . Based on the most recent flow data available, the collision rate has been calculated at 68.5 per 100 million vehicle kilometres. This rate is consistent with similar rural roads on the Isle of Wight. There have been three other recorded collisions near to the bend where this collision occurred. Two involved motorcycles travelling in the opposite direction and one involved a rear end shunt when a vehicle slowed suddenly to let an emergency service vehicle pass. Considering the details of the collisions in this area, there have been no other recorded collisions that have involved similar circumstances to the one that resulted in Mr Hawes death. 3 Site Details The site is a rural single carriageway road subject to the national speed limit. There is a tight radius (<100m) bend to the south followed by a straight of approximately 300m before the left hand bend where the collision occurred. The road climbs into the bend and forward visibility is restricted. As you approach the bend the centre lines and hedge line indicate to motorists that the road curves to the left. Highway Safety Assessment — A3055 Cowleaze Hill 4 Comments and Recommendation Following the fatal collision, representatives on island Roads attended the site with the police. This visit considered in detail the highway layout, provision of road signs and road markings as well as the highway condition. It was considered at this time that no additional traffic calming or engineering measures were required at this location. A speed limit is not a target speed and motorists have a responsibility to drive according to the fayout and conditions. DfT Circular 1/2013 provides guidance on setting local speed limits. This guidance advises that speed limits set in isolation are unlikely to fully address the frequency of rural collisions and should therefore be considered only as one part of rural safety management. Speed management actions should balance the safety and mobility needs of all road users and also consider the environmental impact of any changes. Highway Authorities have to find an appropriate balance between actual vehicle speeds, speed limits, road design and other measures. Warning signs should not be used to highlight features that a driver would routinely expect to encounter along a road. Each of the bends where a driver might find it difficult to negotiate without slowing down is clearly signed with signs to diagram 515. The severity of the bend where the collision occurred is much less severe and no other loss of control collisions involving northbound traffic have been recorded in the last five years. The 85th percentile speed of traffic is already well below 60mph and the collision record does not indicate a high frequency of collisions as a result of excessive speed. This suggests that the measures already in place provide adequate guidance for motorists to adopt an appropriate speed. However, further monitoring will be undertaken to record the current speed of vehicles. There should be no expectation for the police to provide additional enforcement to ensure compliance with a new limit and as the enforcement authority; the police are a statutory consultee for any changes to speed limits. As a result of this notice, the police have been consulted on their views on implementing a reduced speed limit on this section of road. They have confirmed that they would not support a reduced speed limit. Based on the information available for this road, the provision of additional signs and/or the reduction in the speed limit is unlikely to have a measurable impact on the collision rate on this road. It is therefore recommended that the Isle of Wight Council do not allocate their limited resources to such measures.
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