Dear Mr Nieto, Thank you for your report of 5 December 2024 made under the Coroners and Justice Act 2009 and the Coroners (Investigations) Regulations 2013, following the inquest into the death of Mr Jon-Paul Prigent. I am deeply saddened to hear of Mr Prigent's death and offer my sincere condolences to his family and friends. My Department is strongly committed to improving the safety ofall road users. Relevant regulation includes the requirement for all new vehicles to be approved to demonstrate that they comply with a range of technical requirements before they can be sold. The relevant manufacturer requirements for the type-approval of new agricultural tractors are set out in assimilated Regulation (EU) No 167/2013. Once a vehicle enters service the relevant requirements are contained in the Road Vehicles (Construction and Use) Regulations 1986. My Department conducted a consultation in 2016 on introducing roadworthiness testing for fast tractors used for commercial haulage. As a result, agricultural tractors capable of a speed over 40km/h (approximately 25mph) being used for commercial haulage were brought into scope of the Motor Vehicles (Tests) Regulations 1981, therefore requiring them to be subject to annual roadworthiness testing. At the time, it was decided that it would not be proportionate to bring slower speed agricultural tractors in scope of annual roadworthiness testing given their use on roads is limited in comparison with other vehicles. Our road collision statistics show that, over the last ten years, the number of incidents involving an agricultural vehicle where someone was killed has remained relatively stable.

This is despite a slight increase in the number of agricultural vehicles registered for use on our roads over the same period. In the 10 years from 2014 to 2023, in GB there was an average of nine deaths a year involving tractors in which a trailer may have been in use, and there is no evidence on an increasing trend in these fatalities. During the same time period there was an average of 323,000 tractors in GB, including the faster ones subject to roadworthiness testing, licensed for use on the road. It is a legal requirement that all vehicles used on the road are maintained in a roadworthy condition at all times. Further, vehicles should not be loaded beyond their capacity. As part of ensuring compliance, the Driver and Vehicle Standards Agency ("DVSA") conducts roadside checks throughout the road network. Where non-compliance is evident, this can result in a vehicle being prohibited until the weight is reduced or the defect rectified. In addition to prohibitions, DVSA also impose fixed penalties on the drivers of such vehicles which range from £50 to £300 depending on the severity of the offence. Alternatively, more severe cases can be reported for criminal prosecution. The DVSA publishes guidance on both maintaining roadworthiness and vehicle loading and these are available at the links provided below:

roadworthiness/guide-to-maintaining-roadworthiness-commercial-goods-and­ passenger-carrying-vehicles www. gov. u k/g u idance/secu ri ng..:loads-on-hgvs-and-goods-veh icles . . The general principles of these guides equally apply to light goods and passenger vehicles below the operator licensing thresholds and for vehicles that are otherwise exempt (such as agricultural vehicles and trailers). In addition, DVSA also publish the Categorisation of Defects manual which is made available so that vehicle owners, operators and drivers can become more aware of DVSA's standards and what will be done should problems be found. Part 1 of the manual is intended for heavy goods and public service vehicles and may also be used for agricultural motor vehicles, trailers and trailed appliances.

catego risation-of-veh icl e-defects. pdf The Health & Safety Executive provides guidance regarding safe workplace transport in the agricultural sector, which can be accessed at:

OFFICIAL Further, to assist owners in maintaining their agricultural trailers, a well­ established private sector voluntary scheme, Tilly Pass, provides for the inspection and service of agricultural machinery to British Standard 14200:2023 on the maintenance of machinery. Details can be found at:

In view of your report, I will instruct my officials to examine what more could be done to ensure the roadworthiness of tractors, trailers and coupling devices. Additionally, to help promote good maintenance of agricultural vehicles I have asked my officials to investigatU how best to raise awareness of the DVSA's published guidance on maintaining roadworthiness and vehicle loading, as well as of the existing voluntary trailer maintenance scheme. My officials will consider how best this information can be communicated to operators of agricultural vehicles. The Department will continue to monitor the effectiveness of vehicle safety regulations to identify any potential amendments. Once again, I would like to express my condolences to the f.riends and family of Mr Prigent. Best wishes,

MINISTER FOR THE FUTURE OF ROADS OFFICIAL

Dear Mr Nieto Response to Prevention of Future Death ("PFD") report issued on 26 November 2024 am formally responding for and on behalf of the National Farmers Union ("NFU") to the PFD report issued by you following the conclusion; on 15 November 2024, of the Inquest touching on the death of Jon-Paul Prigent: The NFU understands that it was named in the above PFD report; amongst other organisations, on the basis that the NFU is an organisation with the ability to take actions that could potentially help to prevent similar deaths from occurring in the future Our understanding from the PFD report is that Mr Prigent tragically died, on 30 July 2020, as a result of a laden trailer decoupling from its towing tractor, and that such decoupling is unlikely to occurred if the hitch and coupling components had been checked and maintained to a reasonable standard_ The NFU, first and foremost; offers its sincere condolences to Mr Prigent's family loved ones_ Despite the tragic circumstances, the NFU is grateful to the Senior Coroner for including it in this matter In its capacity as a Trade Association representing farmers and growers in England and Wales, the NFU welcomes any information that can assist its ongoing work to educate its members in relation to matters. The NFU takes health and safety in the agricultural sector very seriously , as shown; for example, by the NFU's role chairing the Farm Safety Partnership. NFU also provides information and guidance to its members via a number of routes, including its website Business Guides and the British Farmer and Grower magazine, as well as a number of electronic newsletters. Although the NFU is primarily a membership organisation, some information on the NFU's website is also accessible to the public, including a number of the NFU's health and safety related features. The NFU has taken , continues to take a number of actions with regard to this specific concern relating to trailer coupling and the wider issue of vehicle maintenance, as will summarise below. NFU safety articles The NFU produces and publishes various resources, including safety articles, which are made available to anybody via our website, not just NFU members. Generally , these public facing documents highlight key legal principles of which individuals working in the industry should be aware. NFU, Agriculture House, Stoneleigh Park; Stoneleigh, Warwickshire CV8 2TZ NFU SUPPORTED BY Tel: 024 7685 8500 Fax: 024 7685 8501 Web: WWwnfuonline com NFU Mutual Registered in England No. 245E have and safety The and

LETTER FROM NFU HQ These resources cover various safety-related topics including the importance of completing regular maintenance checks of vehicles and equipment (including tractors and trailers) , by competent persons, in accordance with legislation and manufacturer recommendations_ The NFU's consistent message is that "employers must check and maintain equipment regularly to ensure that it does not deteriorate and become a risk" These resources include express warnings that wear to tractor hooks and trailer towing eyes "can result in trailer disconnection if not maintained and where necessary replaced" As a direct result of made aware of the tragic circumstances of Mr Prigent's death, the NFU has published a new article entitled Agricultural trailer couplings importance of maintenance" , which provides safety information on the specific issue of coupling mechanism maintenance. This article was published at https Ilw nfuonline comlupdates-and-informationlagricultural-trailer-couplings/ on 6 January 2025_ Further examples of NFU safety articles can be found via the links listed below: https IwwW nfuonline comlupdates-and-informationlessential-information-on-farm-transport-and machineryl#Maintenance https IIwWWnfuonline comlupdates-and-informationltransport-and-machinery-safety-the-importance- of-maintenancel https IIwww nfuonline conlupdates-and-information/stay-safe-and-stay-legal-this-harvestl https IwWW nfuonline comlupdates-and-informationltrailer-buying-quidel To supplement our own guidance publications, where appropriate, the NFU's articles also include links to relevant guidance from the Health and Safety Executive including, for example, the leaflet INDG185 , 'Using tractors safely, a step-by-step as well as relevant guidance published on GOV.uk: Hard copies of such guidance may also be made available by the NFU at other events where appropriate_ NEU checklists The NFU makes available checklists that help users to ensure that their vehicle or machinery is correctly and safely maintained. Examples include: 'Vehicle Health Check' (https IwwW nfuonline com/medialglpaoqtO/vehicle-health-checkpdf); and 'General Trailed Appliance Health Check' (https IIWW nfuonline com/medialbrwi3Oywlgeneral trailed-appliance-health-check-2 pdf) , These documents make it clear that it is the responsibility of drivers and owners to make sure that the equipment used is safe The checklists cover a number of items that should regularly be checked (and fixed by a qualified technician where needed) in order to ensure safety. They are designed to be a prompt; with checks to be completed in line with manufacturers' instructions, legislation and industry guidance. The following items are specifically included on the checklists: trailer hook wear and lock; towing hitches; transport locking devices; braking systems (including parking and breakaway systems); draw bars; electrical connections; and hydraulic connections (including breakaway systems) and piping NFU, Agriculture House, Stoneleigh Park, Stoneleigh, Warwickshire CV8 2TZ NFU supported by Tel: 024 7685 8500 Fax: 024 7685 8501 Web: WWwnfuonline com NFU Mutual Registered in England No: 245E being guide' being

LETTER FROM NFU HQ Educating members NFU regularly highlights the importance of tractor and trailer maintenance when communicating with its members This is often done, for example, within the pages of the NFU's monthly magazines British Farmer & Grower and Farming Wales_ It is also done at various member events that are held throughout the year: Emphasis is put on the significance of conducting daily checks and the need to ensure that the relevant vehicle, machine or appliance is safe and suitable for the tasks at hand, as per the Provision and Use of Work Equipment Regulations 1998. The NFU also regularly stresses the importance of equally efficient braking systems, which will reduce wear on the hitch, with failsafe breakaway systems employed whenever hitched to the tractor: We also address the varieties of hitch types and have published some guidance materials around the importance of good maintenance_ The NFU on an annual basis collates and analyses official figures relating to accidents and fatalities that are connected to agriculture. These statistics are shared with the wider membership, with relevant case studies where possible so as to further evidence the importance of compliance with safety legislation working in line with manufacturers' regulations, suitable training of the machine and communicate the potential impact of poor maintenance. Education, of course, never ends and the NFU's efforts to improve safety within the farming community are, and will continue to ongoing: Please do not hesitate to contact me should you have any queries:

Dear Mr Nieto Inquest into the death of Mr Jon-Paul Prigent – Regulation 28 report.

Thank you for your email and associated Regulation 28 report touching on the death of Mr Jon-Paul Prigent, which was sent to the Health and Safety Executive (HSE) on 3rd December
2024. I am the HSE Inspector with the lead for operational policy in relation to controlling health and safety risks associated with agricultural machinery including tractors and trailers, and have been asked to reply to you on the matters that you raise. It is understood that the tractor and trailer involved in this fatality were not being used for agricultural purposes, but rather by a skip hire company to transport soil.

We note your report was sent to a number of bodies with an interest in this issue. This response will address matters that are within HSE’s areas of responsibility as a regulator, and highlight where matters are more appropriately addressed by other organisations.

Introduction and background Before addressing your concerns directly, it may help for me to outline HSE’s role and areas of responsibility in relation to this matter.

HSE are Britain’s national regulator for workplace health and safety, this includes use of work equipment such as vehicles in the workplace, but would not routinely include use of vehicles on public roads.

Vehicle use, condition and maintenance cross over two areas of legislation: road traffic, which is enforced by the Driver & Vehicle Standards Agency (DVSA) and police forces, and workplace safety which is enforced by HSE and local authorities.

In terms of controlling workplace risk, health and safety legislation is goal setting in its nature, rather than prescriptive, but still requires dutyholders / businesses to meet certain legal

2 standards. The Health and Safety at Work etc. Act 1974 (HSWA) and Regulations made under it require employers to assess the risk from work operations, including use and maintenance of vehicles in the workplace, and provide control measures to reduce these risks, so far as is reasonably practicable.

As well as the HWSA which requires businesses to do all that is reasonably practicable to control work-related risk, health and safety regulations also set out legal duties on businesses. The health and safety regulations covering the use of work equipment such as tractors and trailers is the Provision and Use of Work Equipment Regulations 1998 (PUWER) – a copy of the regulations is available here: https://www.legislation.gov.uk/uksi/1998/2306/contents. PUWER contains a number of legal duties which it places on the dutyholder.

PUWER places a legal duty on all relevant dutyholders to select work equipment that is suitable for the task for which it is used. Work equipment must be used for suitable operations and under suitable conditions. Therefore, when selecting vehicles to move or transport loads, the most appropriate vehicle / trailer should be selected, and the limits of any vehicle e.g maximum loads, should not be exceeded.

PUWER also requires that all work equipment is maintained in an efficient state, in efficient working order and in good repair. The regulations also place duties on businesses to ensure that work equipment which is exposed to conditions causing deterioration liable to result in dangerous situations, is inspected at suitable intervals. Inspections made under PUWER should be recorded by the dutyholder. Any piece of work equipment found not to be maintained in a safe condition should not be used until the defect has been remedied.

To help dutyholders comply with their legal duties regarding the use of agricultural machinery, including tractors and trailers, HSE has published a range of guidance which is freely available to download from our website. Guidance includes, but is not limited to:

• “Using tractors safely” available at: https://www.hse.gov.uk/pubns/indg185.pdf
• “Working safely with agricultural machinery” available at:

• “Using machines safely” available at:

These are just some examples of the guidance freely available to users of agricultural machinery which raise the importance of using suitable equipment for the task at hand, putting in place a safe system of work, properly checking and maintaining trailers to manufacturers specifications (including braking systems and hitch / attachment points), not overloading trailers, the increased risk when using machinery on slopes, operator training, and the underlying importance of planning and risk assessments. The above guidance has been available to those using agricultural machinery for many years and contains sufficient information to enable dutyholders to use agricultural machinery safely.

Those with legal duties under health and safety legislation should be aware of their duties. The Management of Health and Safety at Work Regulations 1999 (MHWR) require businesses to appoint one or more competent persons to assist them in complying with their legal duties under health and safety legislation; this would include legal duties under PUWER.

The robust health and safety legislative framework and associated guidance is in place to both require and enable those using agricultural machinery to do so safely. All of this information is freely available via HSE’s website.

Your concerns

3 You raise the following MATTERS OF CONCERN in your report. I shall address these in turn, set against the background information already provided above:

1. Tractors and trailers driven on roads for “agricultural purposes” are not subject to periodic independent vehicle testing.

As outlined, health and safety legislation does require businesses to select, inspect and maintain work equipment including tractors and trailers to ensure they are suitable for the tasks being carried out and safe for use. Where work equipment is not safe to use it should be taken out of use until repaired.

Periodic independent vehicle testing requirements specifically for tractors and trailers driven on the public road would be a matter for other organisations such as the DVSA to consider.

2. Tractors and trailers driven on roads at below a speed of 25 miles per hour are not required to be fitted with safety features to prevent decoupling.

HSE do not enforce road safety legislation, therefore this matter would be for other organisations such as the DVSA to consider.

3. Basic hitch hook and ring coupling systems for tractors and trailers are very simple and convenient for ease and speed of coupling and use on farms but present clear risk when used on public roads without safety features to prevent decoupling.

Basic hitch hook and ring coupling systems for tractors and trailers can be appropriate for the farm workplace provided they are suitably maintained, and the vehicles are appropriately used by trained persons. The use of such systems for tractors and trailers on the public road would be a matter for other organisations such as the DVSA to consider.

4. Tractors and trailers are increasingly large and carrying heavier loads due to farm consolidation and are correspondingly traveling further distances on public roads to reach more distant areas on larger farms, and agri-business depots and processing sites. The current safety arrangements have probably failed to keep up to date and relevant and were more suited to an era when agricultural use tractors and trailers might simply have been crossing a road to get form one field to another.

It is true that farm machinery such as tractors and trailers can be much larger and more complex than years ago. All farm machinery should be maintained to the manufacturers specifications and used in accordance with instructions in the manufacturer’s handbook. It is for those using agricultural machinery to assess how it will be used, including the environment and put in place suitable control measures to ensure that people are kept safe. Use of agricultural vehicles on public roads would not be a matter for HSE.

5. At inquest I heard expert evidence on the above points, and that other nations, particularly in the European Union, have introduced comparatively robust legislation regarding testing and safety measures/fittings.

With regards to workplace use, the health and safety legislative framework and associated guidance is sufficient and clear in its requirement to use equipment suitable for the task that is maintained in a safe condition. The duty rests with businesses to ensure that where appropriate they comply with legislation such as HSWA, PUWER and MHWR. The legislation has been in place for many years and the requirements are well-known. There are a number of organisations, schemes and providers currently able to carry out

4 inspection of farm equipment, including farm vehicles. In addition, the manufacturers of the equipment may also offer inspection services.

6. At inquest I heard evidence that the fitting of safety features to prevent decoupling is relatively low cost and that there have been previous voluntary schemes to encourage and incentivise these measures.

Health and safety legislation currently requires farmers to take reasonably practicable measures to control significant risk. Using suitable vehicles within their design parameters reduces the likelihood of unsafe conditions.

Dutyholders should assess the risk from the use of agricultural machinery and if there is an increased risk of trailers decoupling from tractors resulting in risk to persons, farmers should take reasonably practicable steps to prevent such an occurrence. It is for the dutyholder to assess the risk and take appropriate steps to ensure that risk is controlled.

Conclusion While many of the MATTERS OF CONCERN raised are more appropriately addressed by other bodies that have received the Regulation 28 report into the death of Mr Prigent, hopefully the outline of HSE’s area of responsibility, the health and safety legislation and guidance already in place has reassured you that HSE is meeting its responsibilities as Britain’s workplace health and safety regulator.

AEA & BAGMA response to Report to Prevent Future Deaths in the case of Mr Jon-Paul Prigent The Agricultural Engineers Associaঞon (AEA) and the Briঞsh Agricultural and Garden Machinery Associaঞon (BAGMA) welcome the opportunity to respond to the coroner’s report on this important issue. BAGMA is owned by the AEA and we work together closely on industry-wide concerns such as this, so we are providing a joint response. This response is supported by the members of both organisaঞons. Exisঞng products and services Before turning to future acঞons, we wish to highlight our exisঞng products and services that are aimed at improving the safety of tractors and trailers used on UK roads. Given its importance to the safety record of our members’ products, this topic has been a big focus of our work over many years. While there is no requirement for the roadworthiness of tractors and trailers to be independently tested, BAGMA does operate a voluntary scheme. The Agricultural Tractor- Trailer Scheme (ATTS) incorporates both roadworthiness inspecঞon and brake performance tesঞng in one package. In our view, the ATTS is the only tesঞng regime that provides a robust assessment of the roadworthiness of agricultural tractors and trailers as no other scheme incorporates brake performance tesঞng alongside roadworthiness inspecঞon. Applicable to tractors, trailers, trailed implements or self-propelled agricultural machines, the ATTS tesঞng can be provided by experienced dealer technicians, larger farm and fleet users that have their own servicing personnel or independent service engineers. Each technician undertakes a 2-day training course, which includes both pracঞcal and ‘class-room’ training which concludes with a wri‚en examinaঞon. Every ATTS technician must a‚end refresher training a[er 5 years to ensure they keep abreast of tesঞng and inspecঞon procedures and legal requirements. Each trailer/trailed implement inspected under the ATTS is subject to a 37-point inspecঞon, based on HGV annual test inspecঞon criteria, complemented by a brake performance test. During vehicle inspecঞon and tesঞng the technician completes an inspecঞon record form that includes their own unique idenঞficaঞon number, to ensure traceability and recordability. The ATTS procedure will idenঞfy and assess any tractor or trailer defects which need to be addressed: it is then up to the vehicle owner to have these recঞfied. Recognising that much of the responsibility for ensuring the safety of tractor and trailer braking rests with the user and the service technicians that support them, the AEA has produced detailed guidance on both the legal requirements and the pracঞcal steps needed to ensure that braking systems are safe and well maintained. Our Look Behind You guide was first published in 2010 and was updated in 2020, incorporaঞng interacঞve elements, such as short videos and animaঞons, helping to improve understanding of key aspects of safety. The guide has been widely distributed through machinery dealers and is also available online at: h‚ps://aea.uk.com/look-behind-you/. It was supported by most of the main suppliers of tractors and agricultural trailers to the UK market.

Roadworthiness Tesঞng Turning to future acঞons, as the coroner’s report notes, there is currently no requirement for independent roadworthiness tesঞng for agricultural tractors and trailers, where they are solely used for agricultural acঞviঞes. The AEA and BAGMA have long supported calls for such a regime to be introduced, parঞcularly for the larger and heavier vehicles that are now commonplace. While any decision on making such a scheme compulsory must be made by the Secretary of State for Transport, AEA and BAGMA would be happy to offer to take the lead in administering a scheme. In our view, the ATTS referred to above could form the basis of a mandatory tractor and trailer roadworthiness tesঞng scheme. As indicated above, we already have training programmes in place to assess and approve service technicians to be able to deliver the required tesঞng, with periodic refresher training required. We would have no difficulty in expanding that training programme to cover the larger number of approved technicians that would be required for a compulsory scheme. Furthermore, the AEA already has experience of administering a similar tesঞng scheme through the Naঞonal Sprayer Tesঞng Scheme (NSTS), which we run on behalf of government. This requires all crop sprayers in use by farms, horঞcultural growers and amenity providers to be tested periodically. As with the ATTS, inspectors are trained and approved by the AEA and all tests carried out are recorded on a naঞonal database, administered by the AEA, with cerঞficates issued to machinery owners as proof of compliance. We believe that the requirements of a tractor and trailer roadworthiness scheme would be similar to those of the NSTS. Therefore, we believe that our exisঞng experience of both tractor and trailer tesঞng and administering a similar scheme, means that the AEA and BAGMA would be well placed to take on the administraঞon of a new scheme, should government choose to introduce one. We would, of course, be happy to work with the Department for Transport and the DVSA on the details. Some iniঞal funding might be required to support the development of a scheme but once it is up and running, any costs should be covered by fees charged to carry out tesঞng. Changes to legislaঞon While roadworthiness tesঞng would go a long way to addressing the concerns idenঞfied in this case, the coroner’s report also idenঞfies deficiencies in the current legislaঞon around use of agricultural tractors and trailers on the road. The AEA and BAGMA would support changes to legislaঞon, in parঞcular to address the current lack of any requirement for either ‘Breakaway Failsafe’ trailer brakes or a secondary coupling (such as a safety chain) between the towed and towing vehicle, if the vehicles don’t exceed 40 km/h. Of course, any decision on amendments to legislaঞon rests with the Secretary of State for Transport. However, the AEA and BAGMA stand ready to provide any advice required to inform that decision. We believe that the proposed changes could be achieved with a relaঞvely simple amendment to the Road Vehicles (Construcࢼon and Use) Regulaࢼons 1986. Arঞcle 86a of those regulaঞons only currently applies to vehicles travelling above 40km/h (approximately 25mph). We suggest that this should be expanded to include vehicles travelling below that speed with a gross weight above a certain level. This could be modelled on regulaঞons in the Republic of

Ireland, which use 5 tonnes as the cut off but we have no parঞcular view on whether that would be the most appropriate limit in the UK circumstances. The Irish road vehicle legislaঞon was historically very similar to GB legislaঞon but was revised in January 2016 to address concerns similar to those expressed by the coroner. Several other EU countries have also updated their naঞonal legislaঞon, so could provide alternaঞve approaches for consideraঞon. While there would be some cost involved in ensuring that exisঞng trailers were able to comply with any change to the rules, we believe that these would not be parঞcularly onerous. In some cases, the fiমng of a secondary coupling is all that would be required, which can be done at low cost. The Irish market is typically supplied from the UK, so tractor and trailer manufacturers are already used to providing similar couplings there. In other cases, kits are available to convert trailer braking systems into ‘breakaway failsafe’ systems for below £1,000. These can be installed in a farm workshop. Most new trailers already incorporate such braking systems, so would not require and further modificaঞon. Therefore, we believe that the impact of any changes to the legislaঞon would be limited. Conclusion We would support any proposals for change from the Department for Transport in the two areas discussed above. We note that for the changes to achieve the safety improvements we are hoping for, there would also need to be effecঞve enforcement of the requirements. That hasn’t always been the case in the past; indeed, the case referred to in the coroner’s report shows that exisঞng requirements aren’t followed by all users. Nevertheless, we believe that the changes proposed would certainly reduce the likelihood of serious accidents taking place in future.