Source · Scotland · Fatal Accident Inquiry
Jason MacIntyre
Scotland · FAI
Reference: FTW-B1-10
Published: 19 May 2010
Sheriff: Sheriff W. Douglas Small
Sheriffdom: Grampian, Highland and Islands
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Court recommendations
Identified
Responses identified
0
8-week deadline
14 Jul 2010
Section 28 status
Response pending
Recommendations
THEREFORE recommends (i) That all motorists keep a proper lookout when turning across an opposing carriageway. (3) In terms of Section 6(1)(c) of the Act (The reasonable precautions, if any, whereby the death and any accident resulting in the death might have been avoided) (i) The accident might have been avoided if Robert MacTaggart had driven with greater care and attention and had kept a proper lookout of the road ahead of him and observed Mr Macintyre before turning off the A82 into Carrs Corner. (ii) That the death might have been avoided if Jason MacIntyre had been wearing high visibility clothing. THEREFORE recommends That all cyclists wear some form of high visibility clothing when cycling on public roads. (4) In terms of Section 6(1)(e) of the Act (Any other facts which are relevant to the circumstances of the death) (i) That there is a tendency for vehicles heading northwards and turning into Carrs Corner on the A82 to “cut the corner”. That a traffic island positioned in the centre of the bellmouth there would have the effect of slowing down traffic turning off the A82 and would thus allow them more time to view the road ahead. THEREFORE recommends (i) That the council give consideration to a “feasibility study” for the positioning of a traffic island in the centre of the bellmouth at the entrance to Carrs Corner. (ii) That although Jason Macintyre’s death could not have been avoided by him wearing a helmet at the time of the accident all cyclists, including cyclists in training, should wear a helmet when on public roads.
Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks.
The window from publication ran to 14 July 2010.
See how we track responses.
Section 28 responses
Response pendingNo response has been identified on the case landing page yet. The 8-week window has closed without a published response or non-response notice.
Determination details
- Reference
- FTW-B1-10
- Published
- 19 May 2010
- Sheriff
- Sheriff W. Douglas Small
- Sheriffdom
- Grampian, Highland and Islands
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About FAIs
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.