Steven Oscroft

Berkeley House 
Croydon Street  
BRISTOL 
BS5 0DA 

 www.gov.uk/dvsa 

Gordon Clow 
Assistant Coroner for Nottingham City and Nottinghamshire 

2 July 2021 

Dear Mr Clow 

I am writing to you in response to your Regulation 28 Report to Prevent Future Deaths, of 
12 May 2021, following your inquest into the death of Stephen John Oscroft. 

I have noted the matters of concern as recorded at section 5 of your report. 

The Driver and Vehicle Standards Agency (DVSA) is committed to improving road safety 
and recognise that every death on the road is a tragedy. When an accident or incident 
leads to death or injury, we review our policies and processes to identify any opportunity to 
improve our educative material and also enforcement activity.  

We wish to express our sincere condolences to the family of Mr Oscroft.  

Introduction  
We have placed considerable emphasis on load security over the last few years, both in 
terms of enforcement, education and working with industry sectors to facilitate 
improvements. Much of this work has been in partnership with the Health & Safety 
Laboratory, who have assisted in helping to present very technical requirements for 
advice, which is much more easily understandable, but also to help us set appropriate 
enforcement standards and thresholds.  

Although Section 40 of the Road Traffic Act 1988 is very clear where it talks about 
insecure loads constituting an offence, there are no road traffic regulations which offer 
guidelines and requirements on specific circumstances. The Act talks about “a person is 
guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or 
trailer on a road when…(d)the weight, position or distribution of its load, or the manner in 
which it is secured, is such that the use of the motor vehicle or trailer involves a danger of 
injury to any person”.  

What has existed for many years is the Department for Transport’s (DfT) code of practice 
for “The Safety of Loads on Vehicles’, the first edition of which was published in 1972, and 

Helping you stay safe on Britain's roads 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
  
 
 more recently updated in 2002. This document provides very detailed guidance on how 
loads should be properly secured for most transport sectors and circumstances, including 
sheeting and netting for bulk loads. This code of practice is based on an even more 
comprehensive guide in the shape of the EU publication, “Cargo Securing for Road 
Transport”.   

However, we recognise that the detailed nature of both guidance documents does not 
necessarily equate to helpful advice that can be easily interpreted and understood. 
Therefore, in conjunction with the Health & Safety Laboratory, we have drafted load 
security guidance available on GOV.UK which highlights the main elements of DfT and EU 
guidance in a more easily understood format. This guidance is constantly under review, 
and, we have already started further work with the Health and Safety Executive (HSE) on 
drafting more specific GOV.UK content on properly loading and securing bulk loose loads.   

Enforcement Activity  
We are constantly engaged in a programme of enforcement checks throughout Great 
Britain. Many of these checks are conducted on the strategic road network on our major 
check sites, but some are also carried out on minor roads and urban areas. They are 
designed to ensure that operators and drivers are adhering to their responsibilities towards 
aspects such as roadworthiness compliance, drivers’ hours, licensing, etc. A routine part of 
those checks is also devoted to ensuring loads are carried safely, so an emphasis on load 
securing has been established as one of the constituent parts of a routine vehicle check.   

Where we find that a load is not secured properly, and there is a risk to other road users, 
we have the power to prohibit that vehicle from travelling any further. The vehicle is only 
released once the load has been properly secured or transferred to a more appropriate 
vehicle. Our enforcement policy also extends to follow-up with the operator to ascertain 
they have sufficient compliance systems in place to ensure no further repetition of a similar 
offence.   

Over the last three years the number of vehicles prohibited for insecure loads is as follows:   

2018/19 – 903 prohibitions   
2019/20 – 639 prohibitions  
2020/21 – 766 prohibitions  

Looking ahead, we will start to organise specific roadside checks focussing on bulk tipper 
and skip operations on the strategic roads network and in more urban areas where these 
vehicles can be more prevalent. That focus will tackle and act as deterrence towards the 
type of incident we have seen here.  

Traffic Commissioner Disciplinary Process  
Traffic Commissioners are responsible for the licensing and regulation of those who 
operate heavy goods vehicles, buses and coaches, and the registration of local bus 
services. They preside over a number of public inquiries for those operators who fail to 
adhere to road safety or environmental standards.    

We regularly report non-compliant operators to the Traffic Commissioners for a variety of 
reasons, ranging from not maintaining vehicles properly to allowing or forcing drivers to 
break the driver’ hours rules. However, one of the reasons the Traffic Commissioners will 
take disciplinary actions against licensed operators is failing to comply with load security 

 
  
  
  
 
  
  
  
 requirements. For example, if we find load security breach at the roadside, that will result 
in a vehicle prohibition, but will also instigate a follow-up investigation with the operator. 
That investigation will determine whether or not necessary compliance systems are place 
and are effective. If not, then we will often submit a report to the Traffic Commissioner 
based on both the roadside encounter and the subsequent compliance shortcomings.   

If, as the result of a public inquiry, an operator is found to be negligent towards their road 
safety responsibilities, Traffic Commissioners have the power to suspend, curtail or revoke 
a licence. This power also extends to banning owners or directors of companies from 
holding a licence for periods up to ten years.  

Where an operator is found to be compliant, but a driver has been identified as falling 
below the standards expected, a Driver Conduct report will be submitted to the Traffic 
Commissioner for them to consider their vocational licence. Traffic Commissioners can call 
a driver to a Driver Conduct Hearing and have the power to suspend or revoke the 
vocational part of the driving licence.  

DVSA Examiner Training/Awareness  
All our vehicle examiners undertake specific training on load security as part of their initial 
training. The current course was created in partnership with the HSE and designed to 
cover all aspects of load security, including securing methods, vehicle types and types of 
securing equipment. Examiners are then supported with their routine daily enforcement 
activities via the Enforcement Policy Team and Area subject matter experts who had 
additional training delivered by HSE.  

Examiners also have access to the guidance via our intranet, and the enforcement 
sanctions policy document provides detail on what action must be taken at the roadside 
based on a number of factors such as the load, vehicle and type of security applied.   

Educational Material & Operator Seminars  
All new operators are required to attend a New Operator Seminar which we have designed 
with the content agreed by the Traffic Commissioners. Currently the seminar is delivered 
remotely, via Zoom, by our examiners. The content covers all aspects of vehicle 
maintenance/safety and traffic management, including drivers’ hours and licensing. Load 
security is also included, advising operators to ensure they have an effective system in 
place to monitor drivers’ compliance and ensure that it forms part of their daily walk round 
check undertaken prior to commencing a journey. We also provide supporting information 
with links to useful information held on GOV.UK which include the DVSA Operator Guide 
to Load Security.  

As noted in the introduction, we have worked with HSE on publishing easy-to-understand 
guidance on GOV.UK – providing specific advice on loading. There is a balance in how 
specific this should be and ensuring that the advice is not too impenetrable and lengthy. 
The area of loose bulk loads is one of the areas that we are working with HSE on to 
enhance the guidance.   

Driver Certificate of Professional Competence (CPC)   
There are driver CPC modules which cover load security, but currently the content of these 
is not prepared or dictated by DVSA. We do however monitor the courses to ensure they 
are fit for purpose, and we are currently working with HSE to look how we can provide 
additional material on load security, to CPC training companies. The intention is to make 

  
  
  
  
  
  
  
 the content more useful and relevant than that currently delivered to drivers, with an 
emphasis on practical material based on case studies etc.   

DVSA Action  
In summary, we do already conduct considerable positive and proactive enforcement and 
educative work in this area. However, the following are areas of enhancement that we are 
working on, that have the potential to lower the risk of repeat instances of this type of 
occurrence.   

•  Work with HSE on amending the current load security guidance on GOV.UK to 
include very specific narrative dealing with bulk loads. This work has already 
started, and we aim to have the updated guidance prepared by September 2021.  
•  Arrange special road checks with a particular focus on bulk trailer skip lorries, the 

first of which is planned for September.   

•  Production of dedicated communications highlighting the revised guidance and 

timed to coincide with the concerted checks.  

•  Continue to ensure load security is treated with the utmost importance during all 

enforcement encounters and that operator investigations always include thorough 
scrutiny of load security compliance systems.   

I am happy for you to send a copy of this response to all the interested parties as noted at 
section 8 of your report. You said you were under a duty to send a copy of our response to 
the Chief Coroner. I confirm I do not wish to make to you any representations about the 
release or publication of our response by the Chief Coroner. 

Yours sincerely 

Chief Executive

Regulation 28: 

REPORT TO PREVENT FUTURE DEATHS 

paragraph  7,  Schedule  5  of  the  Coroners  and  Justice  Act  2009  and 

regulations 28 and 29 of the Coroners (Investigations) Regulations 2013. 

Steven James Oscroft (died 7 July 2020) 

Response:  

Paul Wainwright Constructions Services Ltd 

Following  an  Investigation  and  Inquest  into  the  death  of  Steven  James  OSCROFT  (aged  60), 

Assistant  Coroner  for  the  area  of  Nottingham  City  and  Nottinghamshire,  Gordon  CLOW 

concluded: 

Road Traffic Collision 

The lorry from which the piece of concrete fell had a portion of its load which was uncovered and 

which was above the level of the sides of the vehicle.  The piece of concrete which caused the 

collision came from the uncovered portion of the load. 

The circumstances in which Steven OSCROFT met his death were found as follows; 

Mr Steven Oscroft was driving his car along Netherfield Lane on 7 July 2020. He negotiated a right 

hand lane when a lorry was passing in the opposite direction. Both the lorry and Mr Oscroft’s 

vehicles  were  being  driven  appropriately  for  the  applicable  speed  restrictions  and  weather 

conditions. 

The lorry travelling in the opposite direction shed a piece of concrete about 20cm in maximum 

width.  This  smashed  through  the  windscreen  and  struck  Mr  Oscroft  in  the  head,  killing  him 

instantly. 

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 On 12 May 2021, Assistant Coroner for the area of Nottingham City and Nottinghamshire, Gordon 

CLOW identified the following MATTERS OF CONCERN: 

Paul Wainwright Construction Services Ltd 

Evidence  was  heard  regarding  the  training  and  practices  of  loading  tipper  lorries  at  Paul 

Wainwright Construction Services Ltd. 

1.  Loads  are  ‘mounded’  such  that  in  the  middle  of  the  load  area,  the  height  of  the  load 

extends above the level of the sides, whilst being below the level of the sides at the point 

at which the load contacts the side. Part of the load is therefore above the level of the 

sides, increasing the risk of items on the load falling or blowing off the vehicle. 

2. 

Industry standard sheeting systems are in use which, when the load is ‘mounded’ in this 

way, causes the sheet to be drawn up. This results in part of the load being uncovered 

and liable to fall or be blown from the vehicle. 

3.  Such standard sheeting systems are not designed to be used on loads mounded above 

the level of the sides and cannot prevent ‘blow off’ from the areas of the load uncovered 

by the mesh. 

4.  Evidence was adduced of a number of loads on Wainwrights lorries which, because of the 

above practice, appeared to not be fully secure. 

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 RESPONSE: 

Paul Wainwright Constructions Services Ltd 

Paul Wainwright Construction Services Ltd [the company] adopted Industry accepted methods 

of loading and restraining loads.  The equipment used was installed to fleet vehicles during the 

construction of the vehicles. At no point had any concern been raised with the company that the 

design  of  the  vehicles  they  were  purchasing  or  the  automated  sheeting  system  was  not 

appropriate for this type of vehicle. 

Paul Wainwright Construction Services Ltd seeks to provide professional services in a manner 

that acknowledges and ensures, so far as is practicable, the safety of its drivers and members of 

the public. 

Loading Procedures 

Following the conclusion of the Inquest on 4 May 2021, on 5 May 2021 the Company instructed 

each of its drivers in a new interim Loading Procedure.  This procedure reflected the concerns 

highlighted during the Inquest in respect of common and Industry accepted loading and sheeting 

practice.  This procedure, imposed while the Company fleet maintained the original sheeting and 

irrespective  of  the  nature  of  the  material  carried,  directed  drivers  to  substantially  reduce  the 

volume of loads to ensure any gap between the sheeting and tipper body would be minimised. 

These  interim  loading  procedures  had  an  immediate  impact  on  Company  revenue  but  were 

maintained  while  the  Company  investigated  alternative  sheeting  systems  and  sought  further 

advice from the DVSA and other professional services.  

The Company has engaged Health and Safety Consultant Services to review its procedures and 

risk assessments.  In terms of what was identified as general Industry wide concerns over the 

manner  of  loading  and  equipment  adopted  to  restrain  loads,  all  drivers  employed  by  the 

Company have been provided with formalised instructions on Loading Procedures and method 

statements in respect of Loading and Load Safety. 

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 While  each  driver  has  received  specific  instructions  on  these  procedures  and  guidance,  the 

Company’s Health and Safety Consultants are currently designing on-going training criteria and 

schedules for drivers. 

Sheeting Systems 

In conjunction with specific instruction to drivers regarding loading procedures the Company has 

upgraded its sheeting and restraint systems. 

On  5  May  2021 

  (Director)  initiated  communications  with 

  of 

Shurco UK to identify a sheeting system that would increase cover and load security for the type 

of loads carried by the Company. 

The Company immediately purchased four samples of the sheeting system proposed by Shurco 

UK to ensure that in everyday use the sheeting would meet the needs of the Company.  Following 

a successful trial period every vehicle within the Company fleet has now been fitted with the new 

sheeting system. 

The  new  sheeting  system  works  with  the  current  automated  arm.  The  sheeting  system  has 

additional sheeting sections which can be folded out once the arm and sheet has been operated. 

The addition material covers the gap at the rear of the vehicle from where the sheeting arm ends 

and extends fully over the sides of the trailer to allow a secure attachment of the sheeting to the 

base of the body of the trailer without the driver having to climb on the vehicle to do so.  This 

new sheeting system has been identified by Shurco UK and the Company as properly meeting the 

needs of securing the types of loads carried by the Company and completely covers the gaps that 

were intrinsic to the original sheeting design.  

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