Dear Kally, Re; Daniel Geoffrey Fred Bancroft Deceased Inquest; 29/09/2020 at the Coroner's Court: Cockermouth have been asked to respond on behalf of the Head of Economy and Highways to the Regulation 28 letter relating to the above matter: Having examined the report, wish to advise that the Road Traffic Collision that resulted in the death of Mr Bancroft occurred entirely on the road network that is the responsibility of the Highways England Authority: The County Council do meet Highways England regularly to discuss road safety matters which are relevant on both networks such as media campaigns and we share the overall objective of reducing serious collisions throughout Cumbria: Thank you for bringing this to our attention, but in this case Highways England will address the issue raised.

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REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS RESPONSE IS BEING SENT TO:

1. The Assistant Coroner for the coroner area of Cumbria, Simon Ward of Fairfield, Station Street, Cockermouth, Cumbria CA13 9PT in response to a ‘Regulation 28 Report to Prevent Future Deaths’ following an inquest hearing into the death of Daniel Bancroft that concluded on 29 September 2020.

1 HIGHWAYS ENGLAND

I am , Regional Director for the North West, Highways England Company Limited of Piccadilly Gate, Store Street, Manchester M1 2WD.

2 CORONER’S MATTERS OF CONCERN

The MATTERS OF CONCERN are as follows:–

a. There is nothing to discourage pedestrians from walking along the A66 eg signage.
b. Cars are rapidly accelerating from the well-lit roundabout at Stainburn onto an unlit section of the A66 as the national speed limit sign is very close to the roundabout.
c. The speed of traffic on this initial stretch of the A66.
d. The lack of lighting on this initial stretch of the A66.

3 DETAILS OF ACTION TAKEN

a. Pedestrians

We have investigated the options to reduce any potential conflict between motor vehicles and pedestrians along the A66 Stainburn Bypass at this location. Whilst the bypass route was constructed as a rural All Purpose Trunk Road it was not intended to support pedestrian traffic and has a robust physical layout at the junction to direct pedestrians and vulnerable road users along the line of the original route (Stainburn Road) and hence away from the bypass.

b. Proximity of the National speed limit to the (lit) roundabout
c. Speed of traffic on the initial stretch of the A66
d. Lighting on initial stretch of A66

We have visited the site in both daylight and dark conditions to assess the suitability of the current road lighting provision and speed limit extents. The illuminated section at the end of the bypass ensures consistent and uniform lighting levels around the full footprint of the junction, and approaches, within the restricted 30mph speed limit. This is in line with the guidance and recommendations contained within BS EN 5489-1 ‘Design of Road Lighting ’. 4 DETAILS OF FURTHER ACTION PROPOSED

a. Pedestrians

Whilst there is a clear and secure routing for pedestrians along Stainburn Road there are no physical barriers or signing to indicate that pedestrians should not use the route of the bypass. This is a common layout in relation to rural routes where no footpath facilities are in place and does not generally cause any road safety concerns. However, there is now evidence to indicate that there are issues with the presence of pedestrians at this location, consequently Highways England are proposing to consult with Cumbria Constabulary with a view to making a legal order to prohibit pedestrians from using the bypass, with associated regulatory signing, together with pedestrian direction signs

2 along the existing footpaths at the roundabout and along Stainburn Road to reinforce the use of this route by pedestrians.

5 TIMETABLE FOR ACTION

TIMESCALES ACTION

4 weeks Consult with Cumbria Constabulary on a Traffic Regulation Order to restrict use of the road by pedestrians. 2 – 3 months If agreement is reached, follow statutory procedure to make a Traffic Regulation Order (TRO) in order to prohibit pedestrians from using the bypass. 2 – 3 months To coincide with the making of the order, installation of associated regulatory signing. 3 - 6 months Installation of pedestrian direction signing.

6 EXPLANATION AS TO WHY NO ACTION IS PROPOSED

b. Proximity of the National speed limit to the (lit) roundabout

c. Speed of traffic on the initial stretch of A66

The roundabout junction provides a physical speed reduction feature which serves to moderate speeds as drivers enter the bypass. In normal circumstances the national speed restriction (and signing) would be located at the interface with the roundabout. However, at this location, the 30mph speed restriction already extends a short distance along the bypass to coincide with the start / end of the road lighting. Having assessed the site, we have concluded the current highway layout and speed limit extents are appropriate at this location and consequently no action is proposed.

d. Lighting on initial stretch of A66

The current road lighting provides the interface with the roundabout lighting, specifically on the westbound approach, and supports the lighting infrastructure along the adjacent road network. Having assessed the site, we have concluded that the current extent of the road lighting at this location is appropriate and in line with guidance outlined within BS EN 5489-1 and the Design Manual for Roads and Bridges (DMRB) Technology appraisal guidance TA 501(formerly TA 49/07) ‘Road Lighting Appraisal’, and therefore no action is proposed. Lighting additional lengths of the bypass may also further encourage pedestrian use.

7 SAFETY OF ROAD USERS

The safety of our road users is an imperative for our business in what we set out to achieve, and a core value of our organisation. We are working hard to make our entire network safer, and consider that the action we have taken to date and propose to take could reduce the possibility of such incidents occurring in the future at this location.

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14 January 2021 Signed:

Regional Director for North West