Scotland: Fatal Accident Inquiry

John Campbell MacKinnon

Reference B207/13 Published 15 January 2014 Sheriff Sheriff Margaret M Neilson Sheriffdom Grampian, Highland and Islands Section 28 responses identified 0 8-week deadline 12 March 2014

Recommendations

Recommendations (the sheriff's words)

In the circumstances where a vehicle strikes an overhead power line, the safest course of action for a driver or other occupant is to remain within the vehicle unless it ignites in which case he should jump out of it without touching the exterior of the vehicle and “bunny-hop” away from it keeping both feet as close together as possible to minimise risk of electrocution. In addition, in these circumstances, no- one should ever return to the vehicle.

In terms of British and European standard BEN12999:2002, a warning light should be fitted in the cab of the type of crane which was driven by Mr MacKinnon at the time of the accident, to provide the driver with a warning if the crane was not in the correct stowed position prior to it being moved.

This matter could and should be resolved at the pre commencement meeting, which all interested parties should attend, and where there should be a clear and robust discussion as to who is taking responsibility for the erection of signage and goalposts on every part of the site.

It goes without saying that a written record should be made of the meeting which should be copied to all relevant parties.

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.