Prevention of Future Deaths reports · 2019
Regulation 28 report to prevent future deaths, reference 2019-0251, written 26 Jul 2019. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 26 Jul 2019 |
|---|---|
| Reference | 2019-0251 |
| Deceased | Antony Rogivska |
| Coroner | Oliver Longstaff |
| Coroner area | West Yorkshire (West) |
| Category | Road (Highways Safety) related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
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.
HER MAJESTY’S CORONER For the West Yorkshire (Western) Coroner Area The Chief Coroner, Rule 43 Reports, Chief Coroner’s Office, Our ref: ORL-HK/3283-2016 11" Floor, Thomas More Building, Royal Courts of Justice, 26" July 2019 Strand, LONDON WC2A 2LL Dear Sir, Re: Antony Michael Rogivska, deceased Report to Prevent Further Deaths Paragraph 7, Schedule 5 of the Coroners and Justice Act 2009 and Regulations 28 and 29 of the Coroners (Investigations) Regulations 2013 Please find enclosed a copy of a report sent under the above provision. Yours faithfully, O.R. Longstaff Assistant Coroner West Yorkshire - Western Enc City Courts The Tyrls Bradford BD1 1LA Telephone: 01274 391362 REGULATION 28: REPORT TO PREVENT FUTURE DEATHS REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: 1. Calderdale Council Highways Department 1 | CORONER l am Oliver Robert Longstaff, Assistant Coroner, for the Coroner area of West Yorkshire (Western) 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. INVESTIGATION and INQUEST On 20" December 2016 | commenced an investigation into the death of Antony Rogivska, aged 28. The investigation concluded at the end of the inquest on 27" June 2019. Mr Rogivska’s certified cause of death was: 1a) Chest injuries 1b) Road Traffic Collision (driver) The jury made the following factual determinations: “Mr Rogivska died at the scene of a road traffic collision on 14" December 2016 at the junction between Carr House Road and Cooper Lane, Shelf, Halifax. Factors which contributed to the collision were that Mr Rogivska was an inexperienced driver under the influence of cannabis and he entered the corner too fast to safely negotiate it. Mr Rogivska was also not wearing a seat belt which may have reduced the severity of his injuries’. The jury's conclusion was that this was a death due to a road traffic accident. CIRCUMSTANCES OF THE DEATH The circumstances of the death are as set out in the jury's findings of fact as above, save in addition that at the point at which he crashed, Mr Rogivska was being pursued by police, having failed to stop for police having been indicated to do so. By their findings as set out, the jury did not find that the fact of the police pursuit caused or contributed to Mr Rogivska’s death. In further addition, Mr Rogivska collided, not with another vehicle, but into a domestic property abutting the opposite carriageway of Carr House Road from where he had entered Carr House Road from Cooper Lane. Reconstruction evidence was given to the effect that Mr Rogivska entered the junction at 45 mph, when the maximum speed his intended left turn could have been negotiated while remaining in his appropriate carriageway was 20mph. 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) There is a history of road traffic collisions involving both vehicles and property at the junctions of Cooper Lane and Carr House Road and at the mini-roundabout at the crossroads formed by Cooper Lane and Carr House Lane. (2) Concerns about the safety of the above junction and roundabout have been expressed by local residents and campaigners. 7 ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and | believe your organisation has 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 20/09/2019. |, the Corener, may extend this 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: i) BPS Law (on behalf of Mr Rogivska’s mother) ii) West Yorkshire Police. | 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. 26/07/2019 (bs Oliver Robert Longstaff Assistant Coroner West Yorkshire - Western
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.
Our Ref: 9th October 2019 Mr O R Longstaff Assistant Coroner, West Yorkshire - Western Coroners Office The City Courts Bradford BD1 1LA Calderdale Council www.calderdale.gov.uk Regeneration and Strategy Mulcture House Mulcture Hall Road HALIFAX HX1 1SP Dear Mr Longstaff, Re: Prevention of Future Deaths Report - 3283-2016 I write on behalf of Calderdale Council Highways in response to the above report which was issued on 26th July 2019 but which was only received by this department on 7th October 2019. The report concerns a fatal road traffic collision that occurred at the junction of Carr House Road and Cooper Lane, Shelf on 20th December 2016. 1 note from your report that neither the junction layout nor the condition of the highway were found to be contributory factors in this collision. Nevertheless you have raised concerns with regard to the number of road traffic collisions that have occurred in recent years at this junction and at the adjacent junction of Carr House Lane and Cooper Lane. You also refer to concerns about the safety of these junctions as expressed by local residents and safety campaigners. Calderdale Council takes its road safety duties very seriously. The Council regularly reviews records of road traffic collisions across the highway network as provided through the STATS19 process which records all injury accidents reported to the police. These records help to shape the Council’s annual road safety engineering programme. Whilst the two junctions that are the subject of this report are immediately adjacent our records show that they have significantly different collision records. The junction of Carr House Road and Cooper Lane is a priority give way T-junction. Over the 5-year period between 2014 and 2018 inclusive this junction has seen 3 reported injury collisions including the fatal collision which is the subject of your report. The other collisions recorded are as follows: (cid:127) 2 0 1 4 - 1 serious injury resulting from the collision between a motorcycle and a right- turning van; A* INVESTOR IN PEOPLE Assistant Director Strategic Infrastructure (cid:127) 2015 - 1 slight injury resulting from the collision between a bicycle and a right- turning car. To date there are no recorded collisions during 2019. Having reviewed the circumstances set out within the records Calderdale Council Highways have concluded that the layout of the junction is not a contributory factor in these collisions and therefore no further action is planned. The adjacent junction of Carr House Lane and Cooper Lane is a mini-roundabout. Over the same time period this has seen a significantly higher level of 12 reported injury collisions of which 2 were serious and 10 slight. All 12 collisions involved vehicles entering the roundabout and colliding with circulating traffic. The number of incidents peaked during 2017 with a total of 6 recorded injury collisions. Following a review of this junction a revised package of signing and lining was implemented during financial year 2017/18. This includes more robust, textured lining and rumble strips on each arm with the aim of ensuring that drivers approach at a safe speed and give way to vehicles already on the roundabout. The number of reported injury collisions at this junction reduced to 2 slight injuries during 2018 which suggests that the intervention has had some impact. However we are aware that there continue to be incidents at this location and as a result a project brief was issued in May this year (attached) with a view to implementing an improvement scheme as part of the Council’s Local Transport Plan programme for 2020/21. Whilst our previous review was limited to the immediate extents of the junction within the highway boundary this new review will consider whether there is a need for additional land to be taken from neighbouring properties and will also consider potential changes to traffic flows across a wider area. At present I am unable to anticipate the outcome of this review or give any further certainty as to when any resulting improvement scheme would be implemented. Yours sincerely Transport Policy and Strategy Manager LTP INTEGRATED TRANSPORT CAPITAL PROGRAMME PROJECT BRIEF Scheme Title: Finance Code: Client: Author: | Date: Cooper Lane/ Carr House Lane roundabout Transport Strategy Team 30th May 2019 | Release: | Final 1. Background Information/ Issues Complaints have been received from the public and the MP for Halifax following a succession of RTCs at this junction. The junction has repeatedly featured in the top ten KSI sites for concern and was treated with a robust signing and lining package during 2017/18. Whilst the level of reported RTCs has fallen complaints continue to be received about the operation of the mini-roundabout. The general themes of the complaints are: (cid:127) Failure to give way, particularly by vehicles entering the roundabout in a westbound direction from Carr House Lane; (cid:127) Speed of approach, particularly relevant to vehicles approaching southbound along Cooper Lane; (cid:127) Poor facilities for pedestrians due to the speed and volume of traffic movements. Projects Team are requested to carry out a comprehensive review of this junction in order to identify any potential improvements. The review should consider a full range of options including; (cid:127) Traffic calming on all approaches; (cid:127) Potential conversion from the existing mini-roundabout arrangement; (cid:127) Potential banning of vehicle movements; (cid:127) Creation of formal pedestrian crossing points; (cid:127) Potential land-take. 2. Liaison / Consultation Required Liaise with Road Safety Officer with regard to site data and other background information. Draft designs need to be discussed with Transport Strategy Team prior to wider consultation. Consultation with ward members, stakeholders and local communities on any schemes taken forward should follow standard highways procedures. LTP INTEGRATED TRANSPORT CAPITAL PROGRAMME PROJECT BRIEF 3. Finance and Resources This scheme forms an element of the Safe Healthy Streets programme area of Calderdale’s 2019/20 LTP Integrated Transport Capital Programme which carries a nominal allocation of £365,000. Costs, including staff fees, should be charged to financial ledger code 4. Scope of Work The Projects Team are required to: a) Review the issues and evidence and identify any additional monitoring required - to be commissioned by Transport Strategy Team; b) Carry out site investigations / topographical surveys as required; c) Develop preliminary design options and budget estimates; d) Undertake/ assist with full consultation in accordance with the Council’s agreed procedures; e) Prepare detailed designs and derive full scheme costs; f) Prepare and issue contracts and manage the supervision of contractors’ work and commissioning of the scheme. 5. Delivery timetable and milestones Development of preferred scheme option by end March 2020 latest for delivery during 2020/21 financial year. A detailed project plan including milestones must be agreed with the Transport Strategy Team by 30 June 2019. 6. Project Controls and Reporting Preliminary design options and budget estimates to be discussed/ agreed with Transport Strategy Team prior to consultation. Detailed full scheme costs to be returned on agreement of final design. Progress reports to be supplied at monthly Programme Progress meetings as a minimum. Additional meetings/ discussion with Transport Strategy Team as and when required.
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