Prevention of Future Deaths reports · 2016

Vichal Tonpradit

Regulation 28 report to prevent future deaths, reference 2016-0380, written 11 Oct 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report11 Oct 2016
Reference2016-0380
DeceasedVichal Tonpradit
CoronerGeoffrey Sullivan
Coroner areaHertfordshire
CategoryRoad (Highways Safety) related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

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.

CORONER’S OFFICE
AREA OF HERTFORDSHIRE

The Old Courthouse, St Albans Road East, Hatfield, Hertfordshire,
AL10 OES
DX: 100702 Hatfield
Tel: 01707 292780 Fax: 01707 897399

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

Mr Jim O'Sullivan
Chief Executive
Highways England
Federated House
London Road
Dorking

Surrey

RH4 18Z

CORONER

| am Geoffrey Sullivan, Senior Coroner for Hertfordshire

2 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.

http:/Awww. legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7

http:/Avww. legislation.gov.uk/uksi/2013/1629/part/7/made

3 INVESTIGATION and INQUEST

On the 11" November 2015 | commenced an investigation into the death of Vichai Tonpradit.
The investigation concluded at the end of the inquest on 11 October 2016.

The conclusion of the inquest was a Narrative Verdict: Road Traffic Collision contributed to by
the road layout. The raised section of the tarmac presents a hazard to road users, and a solid
white line left from the previous road layout running into the kerb is potentially confusing.

CIRCUMSTANCES OF THE DEATH

On the 10th November 2015 at around 19:28hrs Vichai Tonpradit was riding his motorcycle
northbound on the A1(M) in the nearside lane towards Junction 6 at Welwyn. When he
attempted to cross the hatched area of the exit to rejoin the main carriageway he struck a raised
section of tarmac separating the slip road from the main carriageway. He fell to the road surface
and as he rose was struck by a heavy goods vehicle and then by a small hatchback travelling in
the northbound carriageway. Vichai Tonpradit was confirmed deceased at the scene at 19:4/hrs
by a paramedic. Multiple Traumatic Injuries

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) The raised section of the tarmac separating the slip road from the main carriageway on the

A1(M) approaching Junction 6 northbound is potentially hazardous.
(2} At the same location, the visual marking (solid white line) from the previous road layout is
potentially confusing

6 ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and I believe you 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
06 December 2016. 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

Lhave sent a copy of my report to the Chief Coroner and to the following Interested Persons
the deceased’s niece; Mr John Wood, Chief Executive of Hertfordshire County
Council,

{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.

Dated 11 October 2016

Signature
Senior Coroner for Her

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 Highways England (PDF)
REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS RESPONSE IS BEING SENT TO: 

1.  The Senior Coroner for Hertfordshire, Mr Geoffrey Sullivan of The 
Old Courthouse St Albans Road East, Hatfield, Hertfordshire AL10 
0ES in response to a ‘Regulation 28 Report to Prevent Future Deaths’ following 
an inquest hearing into the death of Mr Vichai Tonpradit that concluded on 11 
October 2016.  

1  HIGHWAYS ENGLAND 

I  am  Mr  Jim  O’Sullivan,  Chief  Executive  of  Highways  England  Company  Limited  of 
Bridge House, 1 Walnut Tree Close, Guildford, SURREY GU1 4LZ. 

2 

CORONER’S MATTERS OF CONCERN 

The MATTERS OF CONCERN were identified as follows:–  

a.  The  raised  section  of  the  tarmac  separating  the  slip  road  from  the  main 
carriageway  on  the  A1(M)  approaching  Junction  6  northbound  is  potentially 
hazardous; and  

b.  At  the  same  location,  the  visual  marking  (solid  white  line)  from  the  previous 

road layout is potentially confusing. 

3  DETAILS OF ACTION TAKEN 

a.  The raised section of kerb separating the off slip road from the main carriageway 

on the A1(M) at Junction 6 northbound is addressed at point 6a. below.  

b.  Having reviewed the road markings at the location it would appear that since the 
incident on 10 November 2015 the road marking referred to was covered over by 
applying  a  bituminous  material  to  obscure  the  redundant  solid  white  line  and 
this is no longer visible.   

4  DETAILS OF FURTHER ACTION PROPOSED 

The  government  announced  as  part  of  the  Roads  Investment  Strategy  2015-2020  the 
proposal for a Smart Motorway for the A1(M) Junction 6 to 8. 

The  introduction  of  the  Smart  Motorway  scheme  for  this  section  of  the  A1(M)  would 
alter the existing road layout at Junction 6 northbound and southbound.  The preferred 
operating  model  for  smart  motorways  is  “All  Lane  Running”.  This  means  the  existing 
hard shoulder would be converted into a traffic lane providing three lanes for traffic with 
the addition of regular refuge areas in place of the hard shoulder for emergency use. 

As part of this scheme Highways England will assess a wide range of information about 
the road to establish the nature of any current issues along this section. This will assist 
us  in  developing  an  outline  design  concept  and  determine  the  Smart  Motorway 
operating  system  best  suited  to  this  section  of  road.  The  start  of  works  is  currently 
programmed for March 2020. 

5 

TIMETABLE FOR ACTION 

Date 

Action 

March 2020 

Start of works on the Smart Motorway – All Lane Running scheme 
on the A1(M) Junction 6 to 8 

1

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 6 

EXPLANATION AS TO WHY NO ACTION IS PROPOSED 

a.  Highways England (as far as we have been able to ascertain) was not a party to 
the inquest hearing on 11 October 2016. The ‘raised section of tarmac’ identified 
as  a  matter  of  concern  by  the  Senior  Coroner,  is  a  specifically  designed  and 
installed  section  of  raised  kerbing  to  separate  the  off  slip  road  from  the  main 
carriageway at Junction 6 of the A1(M) northbound.  

The extension of the kerbing separating the slip road and main carriageway was 
introduced as part of a ‘pinch point’ scheme in 2015 to reduce congestion on this 
part of the strategic road network. The scheme was designed and constructed to 
the specified standards laid down in the Design Manual for Roads and Bridges 
(DMRB) and these standards remain current today. In addition, the scheme was 
subject to the Road Safety Audit process in accordance with the requirements of 
HD19/15 as directed by the DMRB Volume 5 Section 2. 

7 

SAFETY OF ROAD USERS 

We apologise unreservedly for the lack of response on behalf of Highways England to the 
Senior  Coroner’s  Regulation  28  Report  dated  12  October  2016.  The  safety  of  our  road 
users is an imperative for our business in what we set out to achieve, and a core value of 
our organisation in how we go about it. The action we have taken and plan to take in the 
near future is designed in this light to help to prevent future deaths on our network.    

8 

05 October 2018  Signed: 

, Asset Development Manager on behalf of 

2

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