Prevention of Future Deaths reports · 2025
Regulation 28 report to prevent future deaths, reference 2025-0085, written 7 Feb 2025. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 7 Feb 2025 |
|---|---|
| Reference | 2025-0085 |
| Deceased | Ian Jones |
| Coroner | Gavin Knox |
| Coroner area | South Wales Central |
| Category | Road (Highways Safety) related deaths · Product related deaths · Wales prevention of future deaths reports (2019 onwards) |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
GRAEME HUGHES HIS MAJESTY’S SENIOR CORONER SOUTH WALES CENTRAL CORONER AREA CORONER’S OFFICE THE OLD COURTHOUSE COURTHOUSE STREET PONTYPRIDD CF37 1JW Telephone: Email: ANNEX A REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (1) NOTE: This form is to be used after an inquest. REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: Secretary of State for Transport Welsh Government Cabinet Secretary for Transport CORONER I am Gavin Knox Assistant Coroner for the coroner area of South Wales Central. CORONER’S LEGAL POWERS 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. 1 2 INVESTIGATION and INQUEST On 8 November 2022 I commenced an investigation into the death of Ian Augustus JONES . The investigation concluded at the end of the inquest 07/02/2025 . The conclusion of the inquest was Accidental Death. 3 1a Traumatic Brain Injury CIRCUMSTANCES OF THE DEATH 4 These were recorded as :- Mr Ian Augustus Jones died at University Hospital Wales, Cardiff on 29 October 2022 as a result of a traumatic brain injury sustained having struck his head on the pavement after he Coroner’s Office, The Old Courthouse, Courthouse Street, Pontypridd, CF37 1JW Phone/Ffôn (01443) 281100 Fax/Ffacs (01443) 485862 collided an electrically motorised bicycle, which he was riding without a helmet, with a bollard on the pavement on Caerphilly Road Cardiff. . 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) The accessibility of electric motors and parts that can be easily used to convert a normal pedal bicycle into a high powered, throttle controlled scooter capable of high speeds with rapid acceleration that can pose a danger to the rider and to other members of the public. ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and I believe you and your organisation have 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 4 April 2025. 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. COPIES and PUBLICATION I have sent a copy of my report to family who may find it useful or of interest. I 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. 7 February 2025 SIGNED: Coroner’s Office, The Old Courthouse, Courthouse Street, Pontypridd, CF37 1JW Phone/Ffôn (01443) 281100 Fax/Ffacs (01443) 485862 5 6 7 8 9 Gavin Knox, Assistant Coroner for South Wales Central Coroner Area Coroner’s Office, The Old Courthouse, Courthouse Street, Pontypridd, CF37 1JW Phone/Ffôn (01443) 281100 Fax/Ffacs (01443) 485862
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.
eu From the Parliamentary Under — of State Department Great Minster House 33 Horseferry Road for Transport aie SW1P 4DR Tel: 0300 330 3000 Gavin Knox als Assistant Coroner Web site: www.gov.uk/dft ' . South Wales Central Area Coroner's Office Our Re The Old Courthouse Courthouse Street Pontypridd CF37 1JW 24 March 2025 Dear Mr Knox Thank you for your Regulation 28 Report of 14 February, addressed to the Secretary of State, regarding the death of Mr lan Augustus Jones. | am responding as the Minster responsible for local transport. | would like to start by saying how very sorry | was to hear about lan’s death, and | send my sincere condolences to his family and friends. | have considered your report carefully and the matters of concern you raised to help prevent similar deaths in the future. | set out my thoughts below. In your report you state that the inquest evidence revealed the following matters giving rise to concern: “The accessibility of electric motors and parts that can be easily used to convert a normal pedal bicycle into a high powered, throttle controlled scooter capable of high speeds with rapid acceleration that can pose a danger to the rider and to other members of the public.” The Department for Transport is responsible for regulating the use of e- cycles. An e-cycle can legally be used on the road in the same way as a regular pedal cycle (if the user is 14 years of age or older), where it complies with the requirements set out in the Electrically Assisted Pedal Cycles (EAPC) Regulations 1983. This means the continuous rated power of the electric motor cannot exceed 250 Watts, it must be fitted with pedals capable of propelling it, and electrical assistance must cut-out when it reaches 15.5 mph. If the e-cycle does not comply with the above requirements then it is classed as a motor vehicle (within the meaning of the Road Traffic Regulation Act 1984 and the Road Traffic Act 1988). This means it will need to be approved and registered with the Driver & Vehicle Licensing Agency; as well as being taxed and insured. The rider will also need the appropriate driving license and to wear an approved motorcycle safety helmet. If an individual modifies a pedal cycle or e-cycle, it is the responsibility of that person to ensure that the finished vehicle meets and fully complies with the requirements of the EAPC Regulations. An e-cycle with a throttle that can propel it to 15.5 mph (also known as ‘Twist and Go’) is allowed and can be used in the same way as a pedal cycle, so long as it meets the requirements in the EAPC Regulations. However, it will also need approval from the Driver & Vehicle Standards Agency to ensure it complies with various technical and legal standards before it can be legally used on the road. This approval can be granted under assimilated Regulation (EU) No 168/2013 or under the Motor Cycles Etc. (Single Vehicle Approval) Regulations 2003. The Department's guidance sheet on e-cycles can be viewed here: www.gov.uk/government/publications/electrically-assisted-pedal-cycles- eapcs/electrically-assisted-pedal-cycles-eapcs-in-great-britain-information- sheet. | have asked my officials to consider how this guidance can be best promoted. Enforcement of these requirements on the road is a matter for the police. More broadly, the Department operates a comprehensive market surveillance programme delivered by the Driver and Vehicle Standards Agency (DVSA), which covers many aspects of vehicle safety at point of sale, including checking that e-cycles meet the legal standards. The Department works with manufacturers and retailers to ensure they understand their legal obligations and, if necessary, will use enforcement powers up to and including court action. There have been successful prosecutions for the sale of unapproved electric motorcycles, resulting in criminal convictions, substantial fines, and recalling the e-cycles. With regards to the accessibility of electric motors and parts, all consumer products placed on the market must be safe during normal and reasonably foreseeable conditions of use. This includes conversion kits and products associated with e-cycles, such as their batteries and chargers. In addition, depending on their specific voltage range, some standalone electric motors placed on the UK market will be subject to the requirements of the Electrical Equipment (Safety) Regulations 2016. The national product regulator — the Office for Product Safety and Standards (OPSS) — and Local Authority Trading Standards officers have powers to take enforcement action against businesses where unsafe or non-compliant products are identified. This can extend to requiring businesses to recall products or prevent them from being supplied, including those being supplied via online marketplaces. My officials work closely with officials in the OPSS on matters of this sort, and have taken their views into account in the preparation of this response. On balance and after careful consideration, we have concluded that there is no additional action that would be appropriate for the Department to take at this stage. This is light of the existing legal framework governing the modification of e-cycles as described above, and the enforcement powers of various bodies, including the police, DVSA, OPSS and local trading standards. Thank you for writing to the Department on this important matter. Yours sincerely, MINISTER FOR LOCAL TRANSPORT
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