Scotland: Fatal Accident Inquiry

Kevin Mykoliw

Reference B104/10 Sheriff Sheriff Ian R. Abercrombie Sheriffdom Grampian, Highland and Islands Section 28 responses identified 0 8-week deadline not available

Recommendations

Recommendations (the sheriff's words)

I recommend that operators should be reminded to comply with their operator’s licence and that positive steps should be taken swiftly to enforce such compliance.

I recommend that operators be reminded when carrying out brake tests on public roads to carefully assess the proposed locus prior to commencing their tests.

I also recommend that operators should be warned of the dangers of conducting such tests when it is dark.

I recommend that the regulations regarding parking of trailers on public roads be emphasised in police and traffic warden training.

At the very least, any relevant sections of the minutes of these meetings should be circulated to VOSA.

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.

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.