Scotland: Fatal Accident Inquiry

Kevin Alexander Davidson

Reference B193/09 Published 12 January 2010 Sheriff Sheriff J.A. Brown Sheriffdom Grampian, Highland and Islands Section 28 responses identified 0 8-week deadline 9 March 2010

Recommendations

Recommendations (the sheriff's words)

It may be that at the end of the day too much responsibility rests with the driver in terms of determining the safety and security of any particular load and it may be that some consideration should be given to a system in which the driver and at least one other person is directed to always carry out a final inspection of the vehicle and its load before setting off on any journey and that an inspection of any load should be undertaken by the driver and at least one other individual prior to the removal of any retaining or security straps prior to unloading.

I should also emphasise the importance of B193/09 Pf Peterhead - V - Kevin Alexander Davidson Transport Operators ensuring that they themselves are aware of the terms of the Department of Transport Code of Practice and the need to ensure that their employees are also aware of its terms and that they have regard to the very practical guidance provided therein.

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.