Lee Daniel
Disputed
• The council conducted site visits and an investigation into the highway condition. • The council requested two officers to review the coroner's findings and recommendations. • The reviews concluded that the highway condition did not contribute to the incident. (AI summary)
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Dear Caroline REGULATION 28: REPORT TO PREVENT FUTURE DEATHS Lee Garfield DANIEL I refer to your email dated 12th January 2018 with attached Regulation 28 Report into the investigation and inquest for Mr L. G. Daniel which was concluded on 22nd December 2017. This response is provided by myself acting on behalf of the Isle of Wight Council as Local Highway Authority having consulted with Island Roads who is the council’s Highways PFI contractor responsible under contract to manage on a daily basis network safety on the adopted highway network. Island Roads has confirmed its agreement to the content of this response. Background
1. In accordance with agreed procedures following receipt of the Fatal Accident Report from the Police the site was visited on 8th September 2016 by Mr Ian Middleton, Island Roads Road Safety Engineer. A further joint visit was made with the Police on 15th September 2016. The council received Island Roads report on its investigation on 22nd September 2016 (Appendix 1).
1.1 The council noted the content of the report including the “summary” which concluded that “there is nothing to indicate that the highway condition or layout contributed to this incident”. On that basis it was determined that no review was necessary in respect of existing network controls in this location.
2. Response to the Regulation 28 Report
2.1 In response to the receipt of the Coroner’s Regulation 28 Report I forwarded a copy to Mr Kevin Burton, Island Roads Network Manager. I asked him to review the findings of Island Roads original report and your recommendations.
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2.2 I understand that Mr Burton revisited the location with Mr Middleton and I enclose a copy of his note to me having reviewed the case as Appendix 2.
2.3 I also asked an officer from my Contract Management Team, Mr Garry Stretch, to review the situation. His conclusions concur with those of Mr Burton and are set out in Appendix 3.
3. Summary For the reasons set out in the reviews of both Mr Burton and Mr Stretch the council does not believe that the recommendations set out by the Coroner would lead to enhanced road safety or would potentially have reduced the likelihood of this unfortunate accident occurring. There is always a very delicate balance to be achieved when installing parking restrictions onto any highway. Whilst in the circumstances described it could have removed the need for the motorcyclist to cross to the wrong side of the road, the potential downside is that the presence of an extended length of yellow lines could encourage drivers to increase their speed given the road is straight in this location. That would increase stopping distances at junctions.
4. Proposed Action by the Isle of Wight Council The Isle of Wight Council do not plan to implement any changes to the parking restrictions at the junction of Coach Lane and Park Road, Brading. We consider that the current layout is compliant with highway standards and general good practice.
1. In accordance with agreed procedures following receipt of the Fatal Accident Report from the Police the site was visited on 8th September 2016 by Mr Ian Middleton, Island Roads Road Safety Engineer. A further joint visit was made with the Police on 15th September 2016. The council received Island Roads report on its investigation on 22nd September 2016 (Appendix 1).
1.1 The council noted the content of the report including the “summary” which concluded that “there is nothing to indicate that the highway condition or layout contributed to this incident”. On that basis it was determined that no review was necessary in respect of existing network controls in this location.
2. Response to the Regulation 28 Report
2.1 In response to the receipt of the Coroner’s Regulation 28 Report I forwarded a copy to Mr Kevin Burton, Island Roads Network Manager. I asked him to review the findings of Island Roads original report and your recommendations.
[Page 2] 2
2.2 I understand that Mr Burton revisited the location with Mr Middleton and I enclose a copy of his note to me having reviewed the case as Appendix 2.
2.3 I also asked an officer from my Contract Management Team, Mr Garry Stretch, to review the situation. His conclusions concur with those of Mr Burton and are set out in Appendix 3.
3. Summary For the reasons set out in the reviews of both Mr Burton and Mr Stretch the council does not believe that the recommendations set out by the Coroner would lead to enhanced road safety or would potentially have reduced the likelihood of this unfortunate accident occurring. There is always a very delicate balance to be achieved when installing parking restrictions onto any highway. Whilst in the circumstances described it could have removed the need for the motorcyclist to cross to the wrong side of the road, the potential downside is that the presence of an extended length of yellow lines could encourage drivers to increase their speed given the road is straight in this location. That would increase stopping distances at junctions.
4. Proposed Action by the Isle of Wight Council The Isle of Wight Council do not plan to implement any changes to the parking restrictions at the junction of Coach Lane and Park Road, Brading. We consider that the current layout is compliant with highway standards and general good practice.