Scotland: Fatal Accident Inquiry

Robert Dellow

Reference B148/14 Published 8 September 2014 Sheriff Sheriff Susan A Craig Sheriffdom Lothian and Borders Section 28 responses identified 0 8-week deadline 3 November 2014

Recommendations

Recommendations (the sheriff's words)

(5) In terms of section 6 (1) (e): the following guidance is issued to those driving HGV vehicles with a curtain sided trailer: First, drivers are reminded that it is their responsibility to ensure that the driving conditions make it is safe to drive, both in respect of their own safety and that of other road users. Second, that the curtains of curtain sided trailers are unlikely to provide stability to an unloaded trailer. Third, that in the event of severe weather conditions, specifically in conditions of very high winds, unloaded trailers with curtain sidings should either not be driven until the severe conditions have lessened or, alternatively if absolutely necessary to drive to a place of safety, only to drive with the curtain sidings tied back.

Fourth, drivers are reminded that they are required to wear their safety belts at all times when driving.

Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks. The 8-week window is counted from the publication date. See how we track responses.

Section 28 responses

Overall status, as assessed by this site: Response pending

No response has been identified on the case landing page yet. The 8-week window has closed without a published response or non-response notice.

About Fatal Accident Inquiries

Fatal Accident Inquiries are held under the 2016 Act before a sheriff. They are mandatory for deaths in custody and at work. The sheriff may make recommendations under s.26(1)(b); recipients must respond within 8 weeks under s.28. See the methodology page for detail.

Data: scotcourts.gov.uk.