Prevention of Future Deaths reports · 2018

Imtiaz Mohammed

Regulation 28 report to prevent future deaths, reference 2018-0170, written 1 Jun 2018. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report1 Jun 2018
Reference2018-0170
DeceasedImtiaz Mohammed
CoronerLouise Hunt
Coroner areaBirmingham and Solihull
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.

pt

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:
1. Sandwell Metropolitan Borough Council
2. Birmingham City Council

1 CORONER

lam Louise Hunt Senior Coroner for Birmingham and Solihull

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.

3 INVESTIGATION and INQUEST

On 21/12/2017 | commenced an investigation into the death of Imtiaz Mohammed. The investigation
concluded at the end of an inquest on 29th May 2018. The conclusion of the inquest was Road Traffic
Collision.

4 | CIRCUMSTANCES OF THE DEATH

On 17/12/17 at 01.11 a serious collision took place on Lee Bank Middleway in Birmingham. An Audi A3
registratio TZ ontaining 4 occupants was travelling towards Highgate having come from the
traffic island on Broad Street in the City Centre. The Audi car was driving between 94 and 100mph ona
road with a speed limit of 40mph. After negotiating a slight left hand bend the driver of the Audi has lost
control of the vehicle, crossing the oncoming carriageway. The Audi vehicle has then rotated to collide its
nearside to the front of a black Peugeot Taxi req traveling in the opposite direction. The taxi
contained the driver and two passengers. The Taxi has in turn collided with a silver Toyota Yaris reg
AFO7KNC and then overturned. The Audi has continued to rotate coming to rest straddling lanes 1 and 2
in the opposite carriageway. During this, all 4 occupants of the Audi were ejected from the vehicle, two
from the sun roof and two from the boot. None were wearing seatbelts. One occupant from the Audi
survived. The 3 occupants from the taxi all died as a result of their injuries. The cause of the collision was
driving a vehicle at excessive speed with defected tyres contributed to be driving under the influence of
cannabis.

Following a post mortem the medical cause of death was determined to be:
MULTIPLE 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. Toxicology was obtained for the deceased who was driving the Taxi involved in the collision. This
confirmed the following blood levels:
Cocaine 0.010meg/I
Benzoylecgonine (a cocaine metabolite) 0.40mg/I

Carboxy THC 0.10 me/|

The level of the cocaine metabolite would have resulted in the deceased being over the legal
drug drive limit. This did not contribute to this collision.

However West Midlands Police raised concerns at the inquest that there was presently no
system in place to monitor and check whether taxi drivers are over the drug limit whilst driving.
They confirmed in evidence that some sort of testing was required for the safety of passengers.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | 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 27July
2018. |, 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 families of

racers er ereamisac WMP
and the Taxis ins cl = a psaugas — _— who may an it useful or of

interest.
1am 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 senda
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.

01/06/2018

Signature
Louise Hunt Senior Coroner Birmingham and Solihull

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 Department for Transport (PDF)
Ne From the Parliamentary
., Under Secretary of State
Jesse Norman MP

Department R EC E IVE D Great Minster House
for Transport 16 NOY 2013 Ha Hioreatonry Roud
SW1P 4DR
a Tel: 0300 330 3000
Louise Hunt
Senior Coroner Web site: www.gov.uk/dft
HM Coroners Court Our Ref: MC/228986
50 Network Street
Birmingham 15 NOV 2018
B4 6NE
Dear Louise

Thank you for your letter of 4 June 2018 to Chris Grayling, enclosing a
Regulation 28 report on the investigation into the death of Imtiaz Mohammed.
| apologise for the delay in replying.

| am very sorry to hear of the tragic death of Mr Mohammed and the deaths
of the others involved in the accident in question, for which | offer my sincere
condolences to their family and friends.

| have noted the detail of your report with interest, particularly your view that
action should be taken to monitor and test whether taxi drivers are over the
drug limit while driving.

At the present time, there are no plans to introduce mandatory drug
screening procedures for professional drivers. Police already have powers to
stop drivers at the roadside if they believe that the driver is impaired by drugs
(such as cocaine and cannabis) or alcohol and to charge them if they are
found to be driving while unfit, through drink or drugs.

A copy of your Regulation 28 report for this case is with policy officials in the
Department dealing with drug driving, and will be considered as part of their
continuing work in this area.

S06 [uswea—

JESSE NORMAN

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