Source · Scotland · Fatal Accident Inquiry

Bruce Scott Thomson

Scotland · FAI Reference: FAI-BRUCE-SCOTT-THOMSON Published: 30 Nov 2001 Sheriff: Sheriff Principal R.A. Dunlop Sheriffdom: Tayside, Central and Fife View PDF
Court recommendations Identified
Responses identified 0
8-week deadline 25 Jan 2002
Section 28 status Response pending

Recommendations

In that event it was suggested i) that the sign containing the msl should be replicated on the right hand side of the barrier (approaching from the A9), ii) that the 110 sign should be replicated at the low-level buttons, and iii) that there should also be an audible warning at the low-level buttons.

The evidence of Mr Gray, that the most important signs should be in the direct line of sight of the user, would suggest that this proposal is worthy of serious consideration.

He suggested that a similar approach to that taken in relation to the guarding of machinery should be taken in relation to this crossing.

On the other hand there is nothing to distinguish the road into Moulinearn as anything other than a public road and accordingly it is a suggestion that at least merits consideration, given the evidence of user misunderstanding of a raised barrier. e) Additional instructions There was considerable support from witnesses for the suggestion that the 110 sign should contain an explicit warning that the user should not cross if the red light is showing.

The arrangements at the crossing should accordingly take account of the fact that in reality the public may have access along the road.

I have done that in section 3.4 of this note and I recommend that consideration be given to those improvements that I have identified as worthy of such consideration.
Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks. The window from publication ran to 25 January 2002. See how we track responses.

Section 28 responses

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.

Determination details

Reference
FAI-BRUCE-SCOTT-THOMSON
Published
30 November 2001
Sheriff
Sheriff Principal R.A. Dunlop
Sheriffdom
Tayside, Central and Fife

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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.

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