Terence Duncan

PFD Report All Responded Ref: 2023-0458
Date of Report 16 November 2023
Coroner Robert Simpson
Coroner Area Berkshire
Response Deadline est. 11 January 2024
All 1 response received · Deadline: 11 Jan 2024
Response Status
Responses 1 of 1
56-Day Deadline 11 Jan 2024
All responses received
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Organisations named in PFD reports must respond within 56 days explaining what actions they are taking.

Source: Courts and Tribunals Judiciary

Coroner’s Concerns
I heard evidence regarding the requirement for sideguards or underrun protection devices to be installed on certain heavy goods vehicles. The Road Vehicles (Construction and Use) Regulations 1986 set out the legal requirements. I note that the official government website states that sideguards or lateral protection devices are there to reduce the likelihood of injury to unprotected road users when struck by a vehicle travelling in a forward direction. I was informed that the type of trailer involved in this inquest was an extendable trailer and therefore its construction was in compliance with the Regulations as long as the requirements were met when the trailer was in its shortest configuration. The sideguard on this trailer was only 50cm long whereas the distance between the wheels of the cab unit and trailer wheels was 3 metres when extended. The trailer was extended despite being not being loaded with a shipping container at the time. There was therefore a very significant gap between the end of the sideguards and front of the following wheels. I am concerned that there is no lesser risk posed to pedestrians or cyclists by an extendable trailer than that posed by a fixed trailer of the same length which would have been required to have a more comprehensive sideguard device installed.
Responses
Department of Transport
13 Sep 2024
The Department of Transport has asked officials to review requirements and propose amendments to international regulations to mandate sideguards on extended trailers where possible. They are also considering amending C&U regulations to ensure required sideguards remain in place throughout a vehicle's life. AI summary
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Dear Mr Simpson Thank you for your email of 2 July enclosing a Regulation 28 Report to Prevent Future Deaths, following the inquest into the death of Terence Charles Scott Duncan_ am sorry to hear of Mr Duncan's death and offer my sincere condolences to his family and friends. am replying as the Minister responsible for road safety. The Department is strongly committed to improving the safety of all road users, and this includes ensuring that new vehicles are approved to demonstrate that comply with a range of technical requirements before can be sold. The United Nations Economic Commission for Europe (UNECE) is the principal body for vehicle regulations and the UK is an active member of its technical committees_ Once a vehicle enters service the relevant requirements are the Road Vehicles (Construction and Use) Regulations 1986 (C&U): In relation to sideguards, both UNECE Regulation 73 and C&U permit extendable trailers to be placed on the market and used respectively, without sideguards in the location of the increase in length when the trailer is extended. These provisions have been in place for many years, and have asked officials to review the requirements, and to make proposals to amend the international regulation to require sideguards when the trailer is extended, where possible. This would increase the number of vehicles fitted with sideguards while continuing to recognise that this is not possible in all cases. In addition, consideration is also being given to amending C&U to ensure that sideguards which are required for the purpose of the original vehicle approval remain in place throughout the life of the vehicle. trust that these two actions will address your concerns on the absence of sideguards on extendable trailers. The Department will continue to monitor the they they

effectiveness of vehicle safety regulations to identify amendments which could help to improve road safety: Best wishes, LILIAN GREENWOOD MP MINISTER FOR THE FUTURE OF ROADS
Report Sections
Investigation and Inquest
On 09 November 2022 I commenced an investigation into the death of Terence Charles Scott DUNCAN aged 48. The investigation concluded at the end of the inquest on 16 November 2023. The conclusion of the inquest was that: On the 30th October 2022 Terence Charles Scott Duncan died on the A4 Bath Road, Slough having been run over by a lorry. He had deliberately started to pass under the skeleton-trailer in front of the trailer wheels in order to cross the road when the lorry moved off.
Circumstances of the Death
On the 30th October 2022 an articulated lorry was travelling through Slough on the A4. The traffic was very heavy due to a closure of the M4. The lorry trailer was an unloaded trailer designed to carry a shipping container. The lorry moved off from a set of traffic lights and its route was blocked for a few seconds by another vehicle. This caused the trailer to obstruct a pedestrian crossing. Mr Duncan was crossing the road and made the decision to duck under the skeleton of the trailer rather than walking around the vehicle. He had a clear view through the trailer unit when he did this. Sadly the lorry moved off before Mr Duncan reached the far side of the road and he was run over by the rear nearside tyres.
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Data sourced from Courts and Tribunals Judiciary under the Open Government Licence.