SHERIFFDOM OF LOTHIAN AND BORDERS AT EDINBURGH                                                      

Court ref: EDI-B398-24

RESPONSE

to the

DETERMINATION OF SHERIFF IAIN W NICOL

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

IN THE

INQUIRY INTO THE DEATH OF JAMES OSBOURNE MURRAY

To: the Scottish Courts and Tribunals Service

1.

The Health & Safety Executive (HSE), being an organisation to whom a recommendation under section 26(1)(b) was addressed, do respond as follows.

2.

     HSE has an interest in the inquiry but was not a participant in the inquiry.

3.

The recommendation was made for HSE and the Driver & Vehicle Standards Agency (DVSA) to jointly consider how best to improve compliance with the existing legal requirements for load security. HSE’s proposals are set out in paragraphs 4-6.

4.

HSE accepts the inquiry’s observation that there is a lack of clarity in the HSE guidance HSG136 in relation to the duties of the consignor, specifically paragraphs 121 and 145. HSE will review and update HSG136 in the 2026 calendar year to clarify consignor and operator responsibilities during shared loading operations. We will also include new guidance on the loading of palletised loads, the use of XL alongside standard curtain-sided trailers, specific considerations around the transport of palletised loads, the provision of comprehensible information to drivers and loaders, the importance of monitoring and supervision.

5.

HSE will update workplace transport training for its own inspectors to improve workplace enforcement. This will be concluded in the 2026 calendar year.

6.

HSE will work with DVSA, industry groups and associations to communicate key safety messages directly to companies involved in the loading and transport of goods by road in the 2026 calendar year including publication of a specific article in a trade journal.

Court ref: EDI-B398-24

RESPONSE

to the

DETERMINATION OF SHERIFF IAIN W NICOL

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

IN THE

INQUIRY INTO THE DEATH OF JAMES MURRAY

To: the Scottish Courts and Tribunals Service

1.         The Driver and Vehicle Standards Agency (DVSA) has an interest in the inquiry but was not a participant in the inquiry. DVSA is responsible for, amongst other things, carrying out roadside checks on commercial drivers and vehicles to make sure they follow safety rules and keep their vehicles safe to drive.

2.         DVSA was sorry to learn of Mr Murray’s death and extends its condolences to his family and friends.

3.         Following a coroner’s report in 2022, DVSA, working with the Health and Safety Executive (HSE), published new load security guidance in July 2023, and revised it in December 2024. This guidance replaced the previous Department for Transport code of practice and DVSA operator guidance on GOV.UK. It places greater emphasis on the responsibilities of drivers, operators and consignors, and on the need for robust risk assessments. The guidance was developed with input from key transport industry stakeholders and informed by accident and enforcement data to ensure it addressed the areas of greatest risk.

4.         The guidance was promoted through established DVSA and HSE communication channels, including social media and industry publications such as Moving On, which is distributed to all operator licence holders.

5.         DVSA enforcement examiners routinely assess load security during roadside checks. Where issues are identified, enforcement action requires the load to be made safe before the vehicle is permitted to continue its journey. Depending on the circumstances, action may also be taken against the driver and operator, ranging from fixed penalties to court prosecution in more serious cases. DVSA will subsequently engage with the operator to ensure effective systems are in place to manage load security, including appropriate driver training, risk assessments and monitoring the condition of related equipment. Examiners may provide advice where appropriate; however, where significant failings are identified, the operator will be referred to the Traffic Commissioner for consideration of disciplinary action.

6.         In response to previous fatalities involving insecure loads, DVSA has undertaken targeted load security operations over the past 12 months, focusing on specific transport sectors to maximise impact. These activities have been supported by stakeholder engagement, including published blogs, social media campaigns and attended conferences where DVSA subject matter experts have delivered presentations on compliance and highlighted the importance of effective load security. DVSA also contributed to a BBC programme in 2025, providing insight into its enforcement activity and advice to the public on securing loads.

7.         The release of the Department for Transport’s (DfT) Road Safety Strategy includes DVSA and DfT commitments to explore opportunities to enhance load security compliance, work with stakeholders to improve training resources and to further promote DVSA guidance.

8.         To drive this work forward, DVSA and DfT are jointly exploring options including launching an industry-led communications package on load security and roadworthiness and considering how to pursue policy options around fixed penalty amounts – such as introducing higher fines for serious offences, including those for insecure loads to encourage greater compliance.

9.         In addition, DVSA is scoping the options below to enhance driver and operator knowledge and compliance:

•   the introduction of QR codes on enforcement documentation issued to drivers and operators (including at the roadside), providing direct access to relevant training and compliance materials, including the load security guidance and the guide to maintaining roadworthiness

•   introducing training material and guidance when DVSA’s remote enforcement office interacts with operators. This may include a requirement for the operator to acknowledge that they have read and understood the guidance with a failure to do so leading to enforcement action.

10.      DVSA continues to work closely with colleagues at HSE and across the various GB police forces by organising and attending targeted enforcement checks. In 2024/2025 DVSA checked approximately 120,000 vehicles and identified over 2,000 insecure loads requiring rectification.