Prevention of Future Deaths reports · 2022
Regulation 28 report to prevent future deaths, reference 2023-0098, written 30 Aug 2022. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 30 Aug 2022 |
|---|---|
| Reference | 2023-0098 |
| Deceased | Jennifer Davies |
| Coroner | Penelope Schofield |
| Coroner area | West Sussex |
| Category | Road (Highways Safety) related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
Regulation 28: REPORT TO PREVENT FUTURE DEATHS NOTE: This form is to be used after an inquest. REGULATION 28 REPORT TO PREVENT DEATHS THIS REPORT IS BEING SENT TO: The Rt Hon Grant Shapps The Secretary of State for Transport Great Minister House 33 Horseferry Road London SW1P 4DR 1 CORONER I am Penelope Schofield, Acting Senior Coroner, for the coroner area of Brighton and Hove. 2 CORONER’S LEGAL POWERS 3 I 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 26th May 2020, the then Senior Coroner Veronica HAMILTON-DEELEY commenced an investigation into the death of Jennifer Lilian Davies aged sixty-nine. The investigation was concluded by me Penelope SCHOFIELD at the end of the Inquest on 21st June 2021. The overall conclusion of the inquest was a short form conclusion of ROAD TRAFFIC COLLISION. 4 CIRCUMSTANCES OF THE DEATH On 21st May 2020 Mrs Davies was struck by a parcel delivery service vehicle when crossing the road in front of the junction with Dyke Road at the Seven Dials Roundabout in Brighton. She was knocked to the ground and sustained a serious head injury. She was taken to Hospital but despite treatment she did not recover from her injuries, and she sadly died on 23rd May 2020. The driver of the vehicle has since admitted to causing her death by driving without due care and attention. He received a sentence of 3 years and 6 months imprisonment. 5 CORONER’S CONCERNS During the investigation, my inquiries revealed matters giving rise to concern. In my opinion there is a risk that future deaths could occur unless action is taken. In the circumstances it is my statutory duty to report to you. The MATTERS OF CONCERN are as follows:- Delivery van drivers (of vehicles under 3.5 Tonnes) are not subject to the current Working Time Regulations. However, as in this case, a driver could be required to work up to 11 hours a day. Whilst employers can stipulate that their drivers should take a 30-minute break there is no legal requirement upon them to do so. Regulation 28 – After Inquest Document Template Updated 30/07/2021 With the growth in home parcel delivery this is putting lives at risk. Delivery van drivers, by the very nature of the work that they do, are being driven in hugely populated areas where pedestrians are particularly at risk. 6 ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and I believe you (and/or your organisation) have the power to take such action. 7 YOUR RESPONSE You are under a duty to respond to this report within 56 days of the date of this report, namely by 30th October 2022 I, 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. 8 COPIES and PUBLICATION I have sent a copy of my report to the Chief Coroner and to the following Interested Persons: - a) The family of Jennifer Davies b) DPD Group UK c) Precise Couriers Ltd d) I am also under a duty to send a copy of your response to the Chief Coroner and all interested persons who in my opinion should receive it. I may also send a copy of your response to any person who I believe may find it useful or of interest. 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. 9 Dated 30th August 2022 Penelope Schofield Acting Senior Coroner, Brighton and Hove Regulation 28 – After Inquest Document Template Updated 30/07/2021
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.
Department for Transport Penelope Schofield Acting Senior Coroner for Brighton and Hove The Coroner's Office Lewes Road, Brighton BN2 3QB !Ri!E<CIE~V!ED ... 6MAR 2023 "'"-------------- From the Secretary of State Rt Hon Mark Harper MP Great Minster House 33 Horseferry Road London SW1P 4DR 3 March 2022 Dear Penelope, Thank you for your letter of 5 September to the previous Secretary of State, Grant Shapps, enclosing a copy of your Regulation 28 report dated 30 August 2022, following the Inquest into the death of Jennifer Lilian Davies. I am responding as the new Secretary of State and apologise for the delay in sending you this response and missing your 56-day deadline. Firstly, I would like to say how sorry I was to hear about the tragic death of Mrs Davies and my sincere condolences go out to her family. It is a tragedy when any person dies on our roads and despite Great Britain having some of the safest roads in the world, I remain concerned about any deaths on our roads. Drivers of commercial goods vehicles weighing 3.5 tonnes or less fall in- scope of the GB domestic drivers' hours rules ( contained in the Transport Act 1968). According to these domestic rules, in any 24-hour period the maximum driving time is 10 hours and the maximum duty time is 11 hours. Duty includes all periods of work and driving but does not include rest or breaks. If someone is self-employed, duty time is only time spent driving the vehicle or doing other work related to the vehicle or its load. There are no specific break or rest requirements for goods vehicles under these rules. However, four provisions of the Working Time Regulations 1998 (as amended) apply to drivers operating under these domestic rules. These are an entitlement to 5.6 weeks' paid annual leave, an average weekly working limit of 48 hours calculated over a specific reference period of normally 17 weeks (although individuals can 'opt out' of this requirement), health checks for night workers, and an entitlement to adequate rest. Adequate rest is defined as being long and continuous enough to ensure that a driver does not harm themselves, fellow workers or others and that they do not damage their health in the long or short term. The current drivers' hours and working time rules are vital in ensuring the· safety of drivers and others on the road and it is important that these rules are adhered to by delivery companies. Any perceived breaches of the rules can be reported to Driver and Vehicle Standards Agency (DVSA), who are responsible for enforcement, via DVSA's confidential hotline on 0300 123 9000 or by email to the DVSA intelligence team at intelligenceunit@dvsa.gov.uk. All calls/emails will be treated in confidence. In addition to the drivers' hours 1andworkingtime rules, delivery companies, as employers, have legal obligations under Health and Safety at Work legislation. For example, they ~re required, so fa~ as is reasonably practicable, to ensure the healtt;l .and safety of their employees while at work and others who may be put at risk by their work activities. In addition, they have a legal duty as an employer to manage risks from fatigue, irrespective of any individual's willingness to work extra hours. Therefore, delivery companies should have policies and practices in place to manage the risks of fatigue to ensure their employees do not drive whilst tired, putting themselves and other road users at risk. Any issues can be reported to the Health and Safety Executive on 0300 003 1647 or on-line at: www.hse.gov. uk/contact/tell-us-about-a-health-and-safety-issue. htm. From the information in Regulation 28 report, it states that the driver had admitted to causing death by driving without due care and attention, it does not make it clear if a contributing factor was the driver being tired or having inadequate rest. As I hope you will appreciate, I must point out that the Department is unable to give a definitive interpretation of the meaning and scope of any legislation as this is ultimately a matter for the courts to determine. We can, however, provide the Department's view. If the driver of the vehicle did not receive the required adequate rest, then it is the Department's view that the delivery company may not have been adhering to the requirements in both the working time and health and safety legislation. If you are able to provide us with the details of his employer, we will coordinate with the DVSA and ask them to investigate this case. Thank you for the Regulation 28 report. I hope I have assured you that there. are relevant regulations for the driving of light goods vehicles. I hope you find this information helpful and are assured that the Department are taking appropriate action to respond to your concerns. Yours sincerely, Rt Hon Mark Harper MP SECRETARY OF STATE FOR TRANSPORT
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