Daniel Hughes
PFD Report
All Responded
Ref: 2020-0295
All 1 response received
· Deadline: 16 Feb 2021
Response Status
Responses
1 of 1
56-Day Deadline
16 Feb 2021
All responses received
About PFD responses
Organisations named in PFD reports must respond within 56 days explaining what actions they are taking.
Source: Courts and Tribunals Judiciary
Coroner’s Concerns
The motorist concerned was turning right from the driveway of a property approximately 90 meters south of a blind bend. There was little or no margin of error in crossing the southbound carriageway to travel north. There are specific areas of concern:
1) Whether and how visibility to the right may be improved or turning deterred.
2) Whether the speed limit at that bend is appropriate.
3) Whether a warning of a concealed driveway could be displayed.
1) Whether and how visibility to the right may be improved or turning deterred.
2) Whether the speed limit at that bend is appropriate.
3) Whether a warning of a concealed driveway could be displayed.
Responses
Response received
View full response
1
REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS RESPONSE IS BEING SENT TO:
1. The Senior Coroner for the coroner area of Shropshire, Telford & Wrekin, , Shrewsbury, Shropshire
in response to a ‘Regulation 28 Report to Prevent Future Deaths’ following an inquest hearing into the death of Daniel Mark HUGHES that concluded on 03 December 2020.
1 HIGHWAYS ENGLAND
I am , Regional Director for the Midlands, Highways England Company Limited of The Cube, 199 Wharfside Street, Birmingham B1 1RN.
2 CORONER’S MATTERS OF CONCERN
The MATTERS OF CONCERN are as follows:–
a. Whether and how visibility to the right may be improved or turning deterred.
b. Whether the speed limit at that bend is appropriate.
c. Whether a warning of a concealed driveway could be displayed.
3 DETAILS OF ACTION TAKEN
a. Visibility / right turn
We have reviewed the location of the incident and noted that responsibility for the visibility exiting a property entrance at this location is that of the property owner. We have checked the site in its present and previous layout using past photos, and have found that the visibility exiting the property is restricted. These restrictions are caused by a combination of the low boundary wall of the property which is further restricted with the addition of a wooden fence above it further to the north of the property entrance. Following this, there is also a hedgerow situated on the adjacent property which is maintained periodically by the adjacent landowner. The boundary wall and fence are the responsibility of the owner of the Bungalow, and the hedgerow is the responsibility of the adjacent landowner.
b. Speed limit
We completed a speed limit review for the A483 Trunk Road in 2016 when speed surveys took place both north and south of the incident site. The speed limit review showed that 85% of vehicle speeds recorded were found to be below the posted national speed limit of 60mph. When considering this speed survey result and the record of injury collisions on this section of the A483, this location was not identified as requiring consideration for a potential change in the speed limit.
4 EXPLANATION AS TO WHY NO ACTION IS PROPOSED
a. Visibility / right turn
Responsibility for the visibility exiting a property entrance is that of the property owner and not Highways England. Any steps to improve the visibility would also require amendments to boundary walls, fences and hedgerows on land which is not owned by Highways England. Therefore, no action is proposed.
b. Speed limit
2 Recent surveys found the speed limit to be both appropriate and adhered to by the majority of road users at this location, as a result there are currently no plans to reduce the speed limit in this location.
c. Warning of a concealed driveway
Highways England has powers to place signs on the Strategic Road Network under Part V of the Road Traffic Regulation Act 1984, but signs placed on the Strategic Road Network must comply with the Traffic Signs Regulations and General Directions (TSRGD) 2016 as directed by the Secretary of State for Transport.
The common means of warning a road user of a concealed entrance ahead is a concealed entrance warning sign, unfortunately this is not an authorised sign under the TSRGD and Highways England does not have the power to place such a sign on the A483 Trunk Road. Under the Highways Act 1980, should a property owner place such a sign on our roads it would be considered an obstruction of the highway or something deposited on the highway as to cause a danger and would be removed. Consequently, Highways England is not permitted to place such a sign at this location and no action is proposed.
Notwithstanding the difficulties of authorisation for placing a “concealed entrance” sign on the Strategic Road Network, the siting of a sign in this location would be challenging in part due to the width of the verge and the likelihood of further impeding visibility. However, should the property owner seek to place a privately-owned warning sign on private land adjacent to and visible from the highway they could do so at their own risk, this may be a solution the property owner could explore if they wish to.
5 SAFETY OF ROAD USERS
The safety of our road users is an imperative for our business and a core value of our organisation. We are working hard to make our entire network safer, but consider that the incident investigation we have undertaken does not highlight any actions that Highways England could carry out to prevent future deaths at this location.
6
12 February 2021 Signed:
Regional Director, Midlands
REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS RESPONSE IS BEING SENT TO:
1. The Senior Coroner for the coroner area of Shropshire, Telford & Wrekin, , Shrewsbury, Shropshire
in response to a ‘Regulation 28 Report to Prevent Future Deaths’ following an inquest hearing into the death of Daniel Mark HUGHES that concluded on 03 December 2020.
1 HIGHWAYS ENGLAND
I am , Regional Director for the Midlands, Highways England Company Limited of The Cube, 199 Wharfside Street, Birmingham B1 1RN.
2 CORONER’S MATTERS OF CONCERN
The MATTERS OF CONCERN are as follows:–
a. Whether and how visibility to the right may be improved or turning deterred.
b. Whether the speed limit at that bend is appropriate.
c. Whether a warning of a concealed driveway could be displayed.
3 DETAILS OF ACTION TAKEN
a. Visibility / right turn
We have reviewed the location of the incident and noted that responsibility for the visibility exiting a property entrance at this location is that of the property owner. We have checked the site in its present and previous layout using past photos, and have found that the visibility exiting the property is restricted. These restrictions are caused by a combination of the low boundary wall of the property which is further restricted with the addition of a wooden fence above it further to the north of the property entrance. Following this, there is also a hedgerow situated on the adjacent property which is maintained periodically by the adjacent landowner. The boundary wall and fence are the responsibility of the owner of the Bungalow, and the hedgerow is the responsibility of the adjacent landowner.
b. Speed limit
We completed a speed limit review for the A483 Trunk Road in 2016 when speed surveys took place both north and south of the incident site. The speed limit review showed that 85% of vehicle speeds recorded were found to be below the posted national speed limit of 60mph. When considering this speed survey result and the record of injury collisions on this section of the A483, this location was not identified as requiring consideration for a potential change in the speed limit.
4 EXPLANATION AS TO WHY NO ACTION IS PROPOSED
a. Visibility / right turn
Responsibility for the visibility exiting a property entrance is that of the property owner and not Highways England. Any steps to improve the visibility would also require amendments to boundary walls, fences and hedgerows on land which is not owned by Highways England. Therefore, no action is proposed.
b. Speed limit
2 Recent surveys found the speed limit to be both appropriate and adhered to by the majority of road users at this location, as a result there are currently no plans to reduce the speed limit in this location.
c. Warning of a concealed driveway
Highways England has powers to place signs on the Strategic Road Network under Part V of the Road Traffic Regulation Act 1984, but signs placed on the Strategic Road Network must comply with the Traffic Signs Regulations and General Directions (TSRGD) 2016 as directed by the Secretary of State for Transport.
The common means of warning a road user of a concealed entrance ahead is a concealed entrance warning sign, unfortunately this is not an authorised sign under the TSRGD and Highways England does not have the power to place such a sign on the A483 Trunk Road. Under the Highways Act 1980, should a property owner place such a sign on our roads it would be considered an obstruction of the highway or something deposited on the highway as to cause a danger and would be removed. Consequently, Highways England is not permitted to place such a sign at this location and no action is proposed.
Notwithstanding the difficulties of authorisation for placing a “concealed entrance” sign on the Strategic Road Network, the siting of a sign in this location would be challenging in part due to the width of the verge and the likelihood of further impeding visibility. However, should the property owner seek to place a privately-owned warning sign on private land adjacent to and visible from the highway they could do so at their own risk, this may be a solution the property owner could explore if they wish to.
5 SAFETY OF ROAD USERS
The safety of our road users is an imperative for our business and a core value of our organisation. We are working hard to make our entire network safer, but consider that the incident investigation we have undertaken does not highlight any actions that Highways England could carry out to prevent future deaths at this location.
6
12 February 2021 Signed:
Regional Director, Midlands
Report Sections
Investigation and Inquest
On 5th June 2017 I commenced an investigation into the death of Daniel Mark HUGHES, 24 years of age. Following a suspension of the investigation for criminal proceedings the investigation concluded at the end of the inquest on the 18th November and 3rd December 2020. The conclusion of the inquest was a Road Traffic Collision and that the deceased had died from multiple injuries at the scene.
Circumstances of the Death
At approximately 2.15 pm on Sunday the 4th June 2017 outside the Bungalow on the A483 at Sweeney near Oswestry, Shropshire the deceased riding his motorcycle south was in collision with a motorcar as it was turning right north towards Oswestry.
Copies Sent To
2) solicitor of DWF for the motor insurers of the motorist concerned
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Data sourced from Courts and Tribunals Judiciary under the Open Government Licence.