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Chloe Morrison FAI Responses

Form 6.2

 

Response

 

 

 

SHERIFFDOM OF INVERNESS AT INVERNESS SHERIFF COURT AND JUSTICE OF THE PEACE COURT                                                   

 

Court ref: (ref)

RESPONSE

to the

DETERMINATION OF SHERIFF IAN HAY CRUICKSHANK

UNDER THE INQUIRIES INTO FATAL ACCIDENTS AND SUDDEN DEATHS ETC. (SCOTLAND) ACT 2016

IN THE

INQUIRY INTO THE DEATH OF CHLOE MORRISON

 

To: the Scottish Courts and Tribunals Service

 

1.

The Minister for the Future of Roads, Department for Transport, who has been delegated authority to respond on behalf of the Secretary of State for Transport, being a person to whom a recommendation under section 26(1)(b) was addressed, responds as follows.

2.

The Secretary of State for Transport has an interest in the inquiry but was not a participant in the inquiry. The Secretary of State has powers to make legislation in response to recommendations made in this Fatal Accident Inquiry, if appropriate to do so.

3.

Recommendations

1.  That the operators of any [light goods vehicle] (“LGV”), or heavy goods vehicle (“HGV”), which is fitted with outriggers should take steps to ensure that any driver operating such a vehicle be trained to ensure that outriggers are safely stowed prior to the commencement of any journey.

Response 1: This should be covered by driver walk round checks and further information is provided in the response to recommendation 2.

2.  That the operators of any LGV or HGV fitted with outriggers ensure that drivers make checks, and record these checks as part of their daily walk around the vehicle on the daily defect form provided for that purpose.

Response 2: The Department for Transport’s Driver and Vehicle Standards Agency (“DVSA”) provides advice for operators on maintaining the roadworthiness of their vehicles and this includes a section on driver walk round checks. This information is published on gov.uk at the following link: https://www.gov.uk/guidance/carry-out-daily-heavy-goods-vehicle-hgv-walkaround-checks

We will work with DVSA to promote their advice on daily checks.

3.  That the UK Government, through the Secretary of State for Transport, give consideration to the introduction of statutory provisions to the effect that all LGVs and HGVs fitted with outriggers must be fitted with an audible and visible warning system and/or an immobiliser for the purpose of giving warning whilst the vehicle is in motion that the outriggers are not secure or safely stowed.

Response 3: Consideration has been given to amending the Road Vehicles (Construction and Use) Regulations 1986 (“C&U”) to introduce a requirement to warn drivers if there is equipment projecting from their vehicle which may present a risk to other road users. Vehicles may also be operated in circumstances where the load exceeds the dimensions of the vehicle. Given the variety of equipment, and the dimensions of loads permitted to be carried on vehicles, having considered, I do not believe it is proportionate to introduce an appropriate amendment to C&U which would provide an effective warning to the driver to cover all these circumstances.

 

Whilst amending C&U legislation is unlikely to provide the requisite improvements to road safety, there are a range of existing (voluntary, industry led) standards which do require warning alarms. We will work with HSE to promote the use of these standards.

 

4.  That the UK Government, through the Secretary of State for Transport, ensure that any such statutory provisions should be retrospective in effect so that the requirement to fit the warning and/or immobiliser systems stated above shall apply to all LGVs and HGVs fitted with outriggers regardless of their year of manufacture or year of installation.

Response 4: Vehicle regulations are generally not retrospective. Given the existing provisions that are already in place, as well as the challenge of covering the wide variety of equipment fitted to vehicles and the loads that they carry, I do not consider that it is appropriate to amend regulations and apply these retrospectively to existing vehicles. 

 

 

 
     

 

 

 

SHERIFFDOM OF GRAMPIAN, HIGHLANDS AND ISLANDS AT INVERNESS                                                    

 

Court ref: INV-B61-24

RESPONSE

to the

DETERMINATION OF SHERIFF IAN HAY CRUICKSHANK

UNDER THE INQUIRIES INTO FATAL ACCIDENTS AND SUDDEN DEATHS ETC. (SCOTLAND) ACT 2016

IN THE

INQUIRY INTO THE DEATH OF CHLOE RACHEL MORRISON

 

To: the Scottish Courts and Tribunals Service

 

1.

[A.B.] Tom Wakefield, ALLMI Chief Executive Officer, being a person to whom a recommendation under section 26(1)(b) was addressed, do respond as follows.

 

 

Details of what the respondent has done or proposes to do in response to the recommendation:

 

Recommendations 1 & 2

 

  1. That the operators of any LGV, or heavy goods vehicle (“HGV”), which is fitted with outriggers should take steps to ensure that any driver operating such a vehicle be trained to ensure that outriggers are safely stowed prior to the commencement of any journey.

 

  1. That the operators of any LGV or HGV fitted with outriggers ensure that drivers make checks, and record these checks, as part of their daily walk around of the vehicle on the daily defect form used for that purpose.

 

ALLMI supports these recommendations. What ALLMI has done / already has in place regarding the safe stowage of stabiliser legs and the recording of checking said stowage / securing devices:

 

  • The above subjects have always been thoroughly covered within the ALLMI Operator training programme (both theoretical and practical elements).

 

  • The above subjects are covered by the 2010 publication ‘BS 7121 Code of practice for safe use of cranes – Part 4: Lorry loaders’, a document which ALLMI was instrumental in producing.

 

  • The above subjects are addressed within the ALLMI ‘Safe Use of Lorry Loaders’ video (‘Safe Travel’ and ‘Pre-Operational Checks’ sections), which has been in circulation since 2011 and is freely available from the ALLMI website.

 

  • Launched in 2011 and updated in 2016, ALLMI’s ‘Product Familiarisation Guidance’ addresses the topic of stabiliser leg stowage. This document provides guidance on the product familiarisation required for an operator upon new equipment handover.

 

  • In 2014, ALLMI launched a ‘Pre-operational Checks Campaign’, which includes coverage of checking leg stowage / securing devices and recording such checks. Since its launch, periodic reminders of this campaign have been issued to the lorry loader industry.

 

What ALLMI will do from this point onwards regarding the safe stowage of stabiliser legs and the recording of checking said stowage / securing devices:

 

  • Continue to provide the training and periodic reminders of the resources listed above.

 

  • Run a new campaign, through various media / communication channels and industry stakeholders, highlighting the importance of safely stowing stabiliser legs for travel, documenting said checks and the training required for these subjects. The campaign will also emphasise the importance of ensuring that those who drive a vehicle fitted with a loader crane, but who are not operators of the loader crane, understand the importance of, and have been trained on, safe stabiliser leg stowage and the recording of related checks.

 

  • Ensure the above subjects are further reviewed as part of the forthcoming revision to BS 7121 Part 4.

 

 

Recommendation 3:

 

  1. That the UK Government, through the Secretary of State for Transport, give consideration to the introduction of statutory provisions to the effect that all LGVs and HGVs fitted with outriggers must be fitted with an audible and visible warning system and/or an immobiliser for the purpose of giving warning whilst the vehicle is in motion that the outriggers are not secure or safely stowed.

 

ALLMI supports this recommendation. We understand that the recommendation may also be in reference to other types of roadgoing machinery with ‘outriggers’, such as mobile cranes. Our response is only in relation to lorry loaders fitted with stabilisers built to design Standard, EN 12999 (as well as lorry loaders pre-dating the Standard), such as the one involved in the incident.

 

To clarify, lorry loader stabilisers are fitted to aid the supporting structure connected to the base of the crane or to the vehicle to provide stability, without lifting the vehicle from the ground. This differentiates them from ‘outriggers’ or ‘jacks’ and so neither term is used in relation to loader cranes / lorry loaders. In our opinion, this should be clear in any legislative changes.

 

We fully support the recommendation of a statutory provision that lorry loaders must be fitted with an audible and visual warning system in relation to the safe stowage of stabilisers. As our Technical Manager, Keith Silvester, included in his Technical Report at Section 6, this requirement already exists for all lorry loaders built to comply with EN 12999:2011 or later (including both manual and hydraulically powered stabilisers).

 

However, we do not agree that lorry loaders should be fitted with immobilisers in this regard. This would be a requirement in excess of that stipulated within EN 12999 detailed above, meaning that the legislative requirement would differ from that in the UK Designated Standard and in Europe (where the vast majority are manufactured). There are also some very limited uses of loader cranes whereby stabilisers may be left unstowed under very restricted circumstances (and not when travelling on the road). We appreciate the text in the recommendation states ‘and/or’ regarding the two possible solutions but wanted to provide clarity that they are not equivalent in the case of lorry loaders.

 

 

Recommendation 4:

 

  1. That the UK Government, through the Secretary of State for Transport, ensure that any such statutory provisions introduced should be retrospective in effect so that the requirement to fit the warning and/or immobiliser systems as stated above shall apply to all LGVs and HGVs fitted with outriggers regardless of their year of manufacture or year of installation.

 

ALLMI supports this recommendation. As Keith Silvester also mentioned in his Technical Report, in our opinion such systems are entirely reasonably practicable to retrofit. ALLMI already strongly advocates the retrospective fitting of stabiliser not stowed warning systems on lorry loaders that pre-date the requirement in EN 12999 and fully supports the recommendation that this becomes a legal requirement regardless of the year of manufacture or installation.

 

ALLMI requests that it be consulted during the discussions with the Secretary of State for Transport, so that we might contribute to the technical understanding of all parties.

 

Please do contact us, should you require further information or assistance. 

 

Once again, please may we place on record our sincere and deepest sympathies to the family and friends of Chloe Morrison.

 

Yours faithfully  

 

 

 

Tom Wakefield

Chief Executive Officer

ALLMI