Jonathan Ball

DAF Trucks Limited
Haddenham Business Park
Pegasus Way
Kevin Mcloughlin Haddenham
HP17 8LJ
Senior Coroner West Yorkshire, East
Tel: 01844 261111
County Hall Fax: 01844 217111
Wakefield www.daftrucks.com
WF1 2QW
Date: 04/11/2019
Your Reference: KM/ST/16216
DAF Trucks Ltd. Reference: 0G034509/CF370FAD/Fatal/
Vehicle: XLRADM4100G034509 CF 370 FAD, LN64FYO
Copy:
(After Sales Director, DAF Trucks Ltd.)
(DAF Aid Manager, DAF Trucks Ltd.)
(DAF Liability Engineering, DAF N.V.)
(Senior Coroner West Yorkshire) coronersoffice.east@westyorkshire.pnn.police.uk
Dear Sir
I am writing to you in response to the report (KM/ST/16216) issued to DAF Trucks Ltd on 17/09/19,
regarding the prevention of future deaths, with respect to the fatal incident involving vehicle 0G034509 CF
370 FAD operated by Whitelock Plant Ltd of Skipton.
Please be advised that DAF Trucks only has records regarding this vehicle, from its original owner MV
Commercials. I have investigated the concerns raised and offer the enclosed responses to the specific
concerns raised in the document KM/ST/16216
Should you require any further assistance from DAF Trucks Ltd. regarding the issues raised and the
subsequent investigation, please do not hesitate to contact me and I will assign more resource to ensuing
we provide further assistance.
Yours Sincerely
Technical Manager
DAF Trucks Ltd.
Registered Office: 9400 Garsington Road,
Oxford Business Park, Oxford, OX4 2HN.
Registered in England No. 2815777
Below noted responses and Actions regarding the Section 5 Coroner’s Concerns. DAF Trucks Ltd.
answers are set against numbered order of concerns from the copy Regulation 28 Report, of the
coroner to prevent future deaths
Matters of Concern:
1) Vehicle was not equipped with warning Triangles
a. DAF Trucks Ltd issues to all new vehicles sold via the sales network a PDI safety kit. This
Bagged kit (DAF part number 9507301) includes x2 Hazard Warning Triangles x3
Tachograph paper roll, x1 Hi‐ Viz vest and a pair of safety working gloves. A photo of this
kit is shown in Appendix 1.
Action: A safety kit with x2 warning triangles was issued in this vehicle at point of delivery to
the original owner. It is understood that the publication “The Highway Code” and rule 274
implies that the driver and or operator will make available in their vehicle a warning triangle
in case of emergency breakdown. Original DAF replacement safety kits are available to
purchase under DAF part number 9507301 if required. No further action deemed necessary
from DAF Trucks Ltd.
2) The HGV Driver has not been trained / the authorities were not notified.
a. DAF Trucks Ltd. provides to the DAF Sales Network, a driver training service which is
offered to the original sales customer during the sales process. Since the introduction of
Euro 4 in 2006 driver training has become a feature of sales transactions due to the
complexity of modern vehicles. All DAF dealers, now have dedicated driver trainers
available to teach the functions and features of the new vehicle. For retail customers,
our DAF UK Sales Dealers offer discounted driver training incentives with a redeemable
voucher scheme, this is to encourage all new vehicle owners and drivers to take
advantage of the driver training at favourable costs to ensure all current vehicle features
and OE vehicle operation are understood.
Actions: Whilst DAF Trucks provides driver training at all DAF sales dealerships, this covers
only the safe operation and function of the DAF vehicle. It is industry practice that the driver
is obligated by Driver Certificate of Professional Competence (CPC), to be fully trained on
safe operation of a LGV used on the UK highway and that his/her employer would ensure
that safe systems of work are employed per industry and vehicle body type utilised, for
vehicles in that specific industry sector. We deem no action for DAF on this point.
b. DAF Trucks offers a free to call break down service called DAF Aid. This is an emergency
break down service, whereby a DAF customer, only needs to have a trading account,
with any DAF UK dealer in‐order to use the service. DAF Aid is administered by the RAC
Control Centre, Bescot, West Midlands, Walsall. Had this vehicle been attended by the
DAF Aid service, then the attending technician would have been a trained individual,
whereby safety is a paramount feature of the road side assistance service provided.
Having checked the DAF Aid records there was no call to the DAF Aid service from this
operator for this vehicle on the day of the incident. The operator therefore utilised an
alternative provider for the break down service regarding this incident.
Actions: Whilst DAF Trucks break down service “DAF Aid” was not used in this incident, we
have deemed that our policy on notifying the Highways Agency from our DAF Aid Control
Page 1 of 2 G034509/04/11/19
centre in Bescot, for vehicles stranded in “live lanes”, should be updated. We will therefore
proactively act upon the findings of the coroner’s report and pre‐empt any expectation for
future changes in industry practice. The DAF Aid service will endeavour to ensure all
possible means of marking out a vehicle by the authorities, is actioned during the first calls
of a breakdown reported to DAF Aid. We expect to complete our review and
implementation of this policy by the end of 2019
3) Condition of the rear lights
a. DAF Trucks supplies vehicles such as 0G034509 FAD CF 370, from factory as a “Chassis
Cab” only vehicle. The vehicle therefore is incomplete (No Body) at point of delivery, to
the customers chosen Body Builder, in this case a company called “Thompsons of
Blackburn”, at which point the “tipper” or “skip body” and its associated equipment,
including the rear light arrangement, would have been permanently mounted to the
new body and commissioned by Thompsons of Blackburn. The end choice of lamp
arrangement and the conspicuousness of the rear lamps in the final phases of build for
this vehicle, would have therefore been controlled by the completion of the build in
accordance with Thompsons of Blackburn’s chosen Legislative Approval methods, before
the vehicle was moved to the PDI dealer (Lancashire DAF in this case) prior to delivery to
the original customer MV Commercials, Brownsburn Ind. Est, Airdrie.
All DAF vehicles are supplied with rear light assemblies secured to transport bars and
with regards to the case of 0G034509 the vehicle was supplied with standard
incandescent rear lamp cluster part number 1875581 (Right) and 1875580 (Left). These
OE rear lamp clusters comply with Regulation 48 of UNECE‐R48 light signalling devices.
These OE rear lamps work in conjunction with an electronic safety system of “bulb
monitoring”. This bulb monitoring feature, advises the driver by an in cab display if any
bulb of the vehicle lighting system fails during operation.
It is known that this vehicle was subsequently fitted with alternative LED rear lamps on
the 14‐06‐2017. As such these alternative rear lamps, do not have incandescent bulbs
and therefore the OE feature of “Bulb Monitoring” is not compatible or operational for
such lamps.
Action: Because this vehicle was completed for approval by another organisation and
the choice and conspicuity of the rear lamps was not controlled by DAF, we deem no
action for DAF on this point.
DAF Trucks provided an OE vehicle lighting system that included an in‐cab driver warning
Bulb Monitoring function. The vehicle lighting was subsequently altered and the original
OE lamps were replaced for an alternative LED lamp. The feature therefore of notifying
the driver of defective lights was removed as a vehicle feature. We therefore deem no
action for DAF.
Page 2 of 2 G034509/04/11/19
Appendix 1
DAF Trucks Ltd issues to all new vehicles including XLRADM4100G034509 a PDI safety kit. This
Bagged kit (DAF part number 9507301) includes x2 Hazard Warning Triangles x3 Tachograph paper
roll, x1 Hi‐ Viz vest and a pair of safety working gloves. A photo of this kit is shown below
G034509/04/11/19 Appendix

OCT 29
A 19

Inquest touching the death of Jonathan Edward Ball

Further to your letter of the 17 September enclosing the regulation 28 report in the above case,
| have been asked to reply on behalf of the Road Haulage Association (RHA).

We, at the RHA, are a trade association who have strong links with the industry and do
represent a significant proportion of goods vehicle operators (we have some 7,000 members).
However, as a trade association, we do not have a specific mandate or authority by which we
can force operators to take action in an attempt to prevent similar shortcomings such as those
that led to the tragic death of Dr Ball. Within the haulage industry, the organisations and
individuals that may have such power include the industry regulator (the traffic commissioners),
the primary enforcement authority (the Driver and Vehicle Standards Agency — DVSA) as well
as those responsible for legislation (the Department for Transport).

We would respectfully suggest that each of the above organisations are also sent copies of the
report and asked to respond. It may well be that legislation can, at some point, be introduced to
make it mandatory to carry and deploy a warning triangle and additional warning lights or,
following the Uk’s exit from the EU, making ‘breakdown management’ a compulsory element of
driver training via the Driver Certificate of Professional Competence (DCPC). At the present
time such mandatory training is not possible given that EU regulations cover DCPC training and
do not prescribe mandatory course content. Furthermore, the traffic commissioners could
potentially look to raise an expectation of training and issuing equipment as part of what they
consider ‘best practice’ for operators.

Having set out the above, | can say that we, at the RHA, are keen to assist in any way we can
and to this end we are proposing taking the following steps to raise awareness of the issues
surrounding a lack of equipment (including warning triangles and additional emergency lighting)
as well as driver training:

1. Raising the issues within our weekly members email and in our members ‘app’;

2. Producing an article in our members magazine looking at the shortcomings the coroner
has identified and;

3. Raising the subject at our forthcoming member events including at member briefings and
future compliance conferences.

It may also be of assistance if the report is also sent to the other main trade association
representing commercial goods vehicle operators, namely the Freight Transport Association
(the FTA). No doubt they too will be able to take similar steps, in relation to their members, to
those that we are proposing. The traffic commissioners and the DVSA also produce regular
email newsletters and bulletins that go to all operators and they too may be able to include
similar content to help raise awareness.

Should the coroner require any further assistance or more details on the above, please do not
hesitate to contact me.

Yours sincerely,

RHA Managing =

Road Haulage Association Ltd www.rha.uk.net

22 Greencoat Place, Westminster, London, SW1P 1PR : Tel 0207 630 1111
Chief Executive Richard Burnett Registered in England No 391886 «VAT No GB 232 4793 64

www. whitelocks.co.uk

Whitelocks

Ref: KM/ST16216
23" September 23, 2019

Coroners Service
West Yorkshire (Eastern) Area

71 Northgate ’
Wakefield /? a
West Yorkshire 7 Ny
WF1 3BS

Dears Sirs BAe \ve ( St

lam responding in response to the Coroners concerns raised in his report of 11° September 2019
following the conclusion of the;

Inquest touching the death of Mr. Jonathon Edward Ball (deceased)
| would like to report our actions, as follows, in respect of the concerns raised:

(1) The concern over a lack of any advance warning aids (such as a warning triangle) has been
addressed with the purchase of foldable reflective roadside warning triangles, to be placed
within each of our HGVs.

Instruction to our drivers in the requirement of use (if/when safe to do so) in the event of a
breakdown upon the highway where it has not been possible to pull up clear of the highway,
has been communicated via a Toolbox Talk and added to the company induction to capture
all/any new drivers.

This action has been instigated and will be complete by end November 2019 or sooner.

(2

The lack of training/instruction in the requirement of contacting the emergency services
should the breakdown of a vehicle occur where it has not been possible to pull up clear of
the highway, has been addressed and communicated to current drivers via a Toolbox talk
briefing and included with the company driver induction to capture all/any new drivers.
This action has been instigated and will be complete by end November 2019 or sooner.

(3) The concerns raised by the evidence, indicating warning lights were not as conspicuous as
they might, may have resulted from the adverse weather conditions in the winter season.
Drivers have now, via a Toolbox Talk, been instructed to check rear light lenses periodically
through their shift and wipe clean when required.

This again is included within the driver’s induction to capture new staff.
All lights are also checked as working, as part of the existing daily pre-use driver checks.
This action has been instigated and will be complete by end November 2019 or sooner.

In line with the suggestion of additional/duplicate warning lights, each vehicle is under
consideration for fitting of rear auxiliary warning lights either linked to the hazard lights or
the amber cab beacon.

Yours faithfull

Director/Transport Manager
Whitelock Developments Ltd

Whitelocks Development Ltd. Carlton Road. Skipton. North Yorkshire. BD23 3BT
Tel: 01756748 624 Email: info@whitelocks.co.uk

ae Traffic Commissioners’ |

. c te Offi
Office of the Office of the Trafic www.gov.uk/traffic-
Traffic Commissioner SErelcroisecs =_—=—

Stone Cross Lane North
Golbome
Warrington
WA3 2SH
Mr Kevin McLoughlin
The Senior Coroner
West Yorkshire (Eastern) Area Your reference: KM/ST/16216
71 Northgate
Wakefield
WF1 3BS

29 October 2019

Dear Mr McLoughlin

Regulation 28: Report to prevent future deaths
Inquest touching the death of Jonathan Edward Ball (deceased)

| refer to the Regulation 28 report dated 17 September 2019 following the inquest held into the
death of Dr Jonathan Ball following a road traffic collision on 24 November 2018.

Your report was circulated to four parties with various connections to the road haulage industry,
which included the Traffic Commissioner for the North East of England. You requested a
response on the action taken or proposed to be taken or an explanation as to why no action is
proposed. The Senior Traffic Commissioner for Great Britain has asked that | respond on his
behalf.

lt may assist if | start by summarising the jurisdiction of the Traffic Commissioners.

There are eight individual Traffic Commissioners for Great Britain. They are appointed by the
Secretary of State for Transport but act independently of Government. One traffic
commissioner is appointed as the Senior Traffic Commissioner and he has statutory powers to
deploy traffic commissioners and to provide guidance and directions. Each traffic commissioner
is deployed to one of eight traffic areas within Great Britain. The North East traffic area includes
the county of West Yorkshire.

Traffic commissioners are responsible for the licensing and regulation of those who operate large
goods vehicles and public service vehicles through the operator licensing system, the registration
of local bus services, granting vocational driving entitlements where there may be a conduct
issue and taking regulatory action against vocational driving entitlements when issues related
to conduct are referred for consideration on behalf of the Secretary of State.

Before being granted an operator’s licence an applicant must satisfy a traffic commissioner
that they meet the requirements to hold a licence. The framework of the requirements are set
out in European and domestic legislation and include that the applicant is of sufficient financial
standing or resources to run a transport business safely and that they will make proper
arrangements to ensure that the vehicles are maintained to the correct standards. Further

41 OCT 2019

standing or resources to run a transport business safely and that they will make proper
arrangements to ensure that the vehicles are maintained to the correct standards. Further
guidance on the expectations of traffic commissioners are set out in the Senior Traffic
Commissioners Statutory Documents. These can be accessed at:

www.gov.uk/government/collections/senior-traffic-commissioners-statutory-quidance-
and-statutory-directions

An operator must continue to meet these requirements and standards once an operator's
licence is granted. The traffic commissioners are not an investigatory body and rely upon
evidence of non-compliance being submitted by enforcement agencies, most commonly the
police or the Driver and Vehicle Standards Agency (DVSA). When evidence is received a traffic
commissioner will consider whether to take regulatory action against the operator’s licence in
accordance with the relevant legislation and guidance. This action may include the revocation
or suspension of the licence and the disqualification of the licence holders or directors.

The Senior Traffic Commissioner was concerned to learn of the events leading to Dr Ball's death
and of course shares your desire to prevent similar circumstances arising in the future. You will
appreciate that it is the role of Government, through the Department for Transport, to consider the
need to legislate on the matters relating to vehicle design or to impose a mandatory requirement
for warning triangles to be deployed at a time of a breakdown. To assist you we have identified
the relevant section of the Department for Transport, namely the Freight, Operator Licensing and
Roadworthiness Division at:

Department for Transport,

Freight, Operator Licensing and Roadworthiness,
Zone 2/21,

Great Minister House,

33 Horseferry Road,

London,

SW1P 4DR

You may be aware that, in addition to the general health and safety duties and those relating to
the assessment of risk on operators, that there is a requirement under European legislation for
holders of vocational entitlements to undertake periodic training under the umbrella of the Drivers’
Certificate of Professional Competence. The DVSA administer this scheme and may be able to
work with and provide advice to training providers on the inclusion of safety training into the
modules available to drivers. The DVSA can be contacted at:

Driver and Vehicle Standards Agency,
Berkeley House,

Croydon Street,

Bristol

BS5 ODA

| hope this information is of use to you and please contact me should you have any further
questions.

Yours sincerely

Traffic Commissioners’ Corporate Office
Office of the Traffic Commissioner