Daniel Waite

Hi

,

Please can you pass the below response onto the Coroner. Many thanks.

Dear Ms Patel

I would refer to your REGULATION 28 REPORT TO PREVENT FUTURE
DEATHS in respect of Daniel Waite (ref:
and would respond as follows:

) dated 16 November 2020

Section 5, Coroner’s Concerns:

“There is not at present any restriction to parking or a requirement for
signage on this section of the road such as a clearway and this is of
particular concern.”

I would confirm that there are now ‘clearway’ signs in place at both ends of
this section of dualled carriageway and a temporary traffic regulation order
has been put in place to enable immediate enforcement of this clearway.
This order prohibits any parking along this section of carriageway.

Additionally, Kent County Council are implementing a sealed permanent
traffic regulation order to replace the temporary order, with permanent posts
and signage to replace those temporarily put on site. It will be robustly
indicated on site that this road is designated a ‘Clearway’ and that no
parking can take place.

I trust that this meets with the Coroner’s approval and reassures her that
measures have been put in place to mitigate any such parking in the future.

Yours sincerely

Director Highways, Transportation & Waste

A3 12 February 2021 

Dear Sirs 

Inquest touching the death of Daniel Waite 

Regulation 28 – Report to Prevent Future Deaths 

This response is submitted on behalf of Tarmac following a Regulation 28 Report to Prevent Future Deaths (“the 

Report”) made by the Area Coroner for Mid Kent and Medway on 16 November 2020. 

Before providing the response outlined below, we wish to express our condolences to Mr Waite’s family and 

friends.   

Following the tragic incident on 3 July 2019 Tarmac undertook a detailed investigation to understand the fact 

pattern of the incident.  Tarmac was keen to ensure that there was a proper understanding so that any potential 

lessons could be learned.  The factual pattern gathered by Tarmac is aligned to that captured by the Police and 

conveyed during the Inquest proceedings.  

We understand from the Report that the Coroner’s concerns are two-fold: 

1.  The A20 Ashford Road has no parking restrictions in force for this stretch of road.  A total of 8 tipper lorries 

had been directed to stop on the A20 Ashford Road, Hollingbourne, close to the Mercure Hotel to await the 

deployment of motorway works on the M20 Motorway.  The evidence at the inquest revealed that there was 

no requirement for coning or signage that may have alerted other road users to their presence.  

2.  There is not at present any restriction to parking or a requirement for signage on this section of the road such 

as a clearway and this is of particular concern. 

Taking  both  of  the  Coroner’s  concerns,  it  is  Tarmac’s  respectful  position  that  the  parking  restrictions  and 

requirements for signage are matters that are within the power of the relevant Highways Authority.  Indeed, any 

requirement to install signage or other forms of traffic management on the road would have required the approval 

of the Local Authority.  For these reasons, it is not within the power of Tarmac to be able to make direct changes 

as a result of the matters raised by the Coroner. 

With regard to Tarmac’s own process, it may be of assistance to understand the process for locating the vehicles 

as they were on the day of the tragic incident.   

Tarmac Trading Limited Registered in England and Wales. Company No. 453791 
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66558 Tarmac Services Limited Registered in England and Wales. Company No. 
8197397 
Registered address for all companies: Portland House  Bickenhill Lane  Solihull  Birmingham   B37 7BQ 

credit. 

‘Tarmac’ and the ‘circle logo’ are registered trademarks. ©2019 Tarmac Trading Limited. Tarmac Trading Limited is authorised and regulated by the Financial Conduct Authority for consumer 

A12 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 The vehicles (“wagons”) are used in order to collect road planings, i.e. the top layer of the road surface that is 

removed  as  part  of  any  resurfacing  exercise.    The  top  layer  of  the  road  will  be  removed  by  a  large  planing 

machine and the debris will travel up a conveyor and drop into the waiting wagons for onward transport. 

The nature of such work is that it can only be performed when safe access to the working area (i.e. the road) 

can be confirmed.  There needs to be suitable signage and traffic management to ensure that those involved in 

the planing process and all other road users will not be put at risk.  The appropriate period is often dictated by 

traffic  flows  which  will  be  closely  monitored  and  the  planing  works  will  commence  when  traffic  flows  are 

sufficiently low that the traffic management can be installed and the planing operatives can safely commence 

work.  

The  need  for  the  wagons  will  depend  on  when  the  planing  operations  commence.    There  is  therefore  a 

requirement for the wagons to be available at relatively short notice.  On some occasions, the wagons may be 

required immediately, and on other occasions they may be waiting for a significant period of time before being 

called upon. 

A significant amount of scheduling is undertaken by Tarmac to co-ordinate the process of traffic management, 

planing  operations,  and  the  removal  of  the  planing  material  to  ensure  that  the  work  is  performed  safely  and 

efficiently, and minimises disruption as far as possible.  It is not possible to have the wagons waiting on the hard 

shoulder  of  the  road  to  be  resurfaced,  in  this  case  the  M20,  and  the  option  of  waiting  on  the  slip  road  also 

presents dangers.   

The location of the wagons is a matter that is carefully considered by the individuals within Tarmac, who will take 

a risk-based approach on the appropriate location.  Such an approach was adopted on the day of the incident, 

locating  the  vehicles  in  what  was  considered  to  be  an  appropriate  location  to  respond  to  the  work  being 

conducted on the M20.   

As noted by the evidence, the vehicles were parked in accordance with the Highway Code, and no criticism is 

made of their location by the investigating Police officers.  

We can  assure the  Coroner, and Mr  Waite’s family, that this incident is treated  with the utmost seriousness.  

Tarmac is committed to the health and safety of its workforce and all those who we come in to contact with.  The 

business  has  reviewed  its  approach  and  considers  that  its  risk  based  approach  to  vehicle  location  remains 

appropriate but has nonetheless reacted and reflected on the tragic events; we have circulated the details of the 

incident internally so that those involved in future risk decisions are fully aware of what happened. 

. 

A13