BARRY KENWARD@THE AADI
In here we will have issues raised by AADI members who want to find an answer to something that has cropped up in their area or on their patch. Maybe a question that has been asked by a pupil and trying to find a wider more fulfilling answer, lets face it, nobody knows everything. Not even me!
Our "Ideas corner" do you have something you would like to add, then drop us a line below.
Maybe you would like to pass a comment, ask a question or share an item of interest that may be of assistance to a fellow ADI or PDI looking for another way to do things.
Always remember that as an ADI you are a member of the largest group of road safety experts, practitioners and educators in the UK, be proud of what you do, and who you are.
*"Every day brings its own goals and you have the skills to help others achieve theirs. You as an ADI have that gift, use it, don't waste it."*
Don.
A Promissory Estoppel.
Ever had an accident and the other driver has admitted liability and asked you not to go through the insurance and they would pay. Their insurance contacts you and says all ok, for the other driver to change their mind and make a new statement saying it was your fault and their insurance company back off. Where do you stand.
This is where the term Promissory Estoppel comes in.
This means:
"The doctrine that a promise made without the exchange of consideration is binding and enforceable if: The defendant (the other driver/rider) made a clear and unambiguous promise. The plaintiff (You) acted in reliance on the defendant's promise. This means it is a binding contract.
Ask for any recordings of the telephone conversations, don't accept transcripts because they can put ANYTHING in a transcript which may not reflect the conversation you had with them!! Trust NO ONE! Use the Freedom of Information approach to your request as they CANNOT refuse to provide what you ask for UNLESS it would cost too much money for staff to organise, OR it was vexatious OR it has previously been asked for. If you have not made a previous FoI they can't refuse it.
Example: On the 26th March, I got rear ended by a moped rider as my pupil was approaching a roundabout, where he was giving way to his right. Moped rider thought we were going to go as we were creeping, and moped rider applied more gas and collided with our rear bumper. (Damage is £3.6K)
Lesson for anyone who is involved in a crash: As well as getting the other parties details (fully) also do a brief resume on a sheet of paper (mine was on the reverse side of pupil record (blank sheet) and I wrote down the events as they occurred and got the moped rider to agree by signing this document, given they are notes made at the time and can be produced in any dispute as a true account. My defendant was saying all the time that it was his fault.
I reported to my insurance company, who in turn put me on to the solicitors and in turn an arrangement was made for a hire vehicle to be delivered, even though we had no arrangement for my vehicle to be repaired, which would have meant I would have had a hire vehicle for the best part of 13 weeks, even though they were told it was legal and drivable, indeed we have done 4 tests since the crash.
I sent the hire vehicle back as the weekly charge was over £464 per week and in the contract if the defending party refused to pay I would pick up the bill. This is all written in the small print and if you don't read it line by line you can find yourself in deep financial bother.
They did try to arrange the hire again about 5 weeks later, even though we still didn't have a repair date. It went in eventually on the 23rd May. Even worse - no one seemed to talk to each other as when you speak with the various companies connected to either the insurance company or the solicitors, no one seems to know the state of play. The whole system appears to be a money making business which is why our insurance premiums are so high.
It has been suggested to make a formal complaint the the Insurance ombudsman and explain what has/is happening, however, as I understand things, you will have to make a formal complaint to the solicitors who the insurance company have put your case to. They may well refuse to deal with you, which then opens the door to the Insurance Ombudsman. It's all a pain but you have to go through the process.
It wasn't so long ago that two organisations (BBC's Panorama and Ch. 4's Dispatches) did an expose about how corrupt this whole system was, yet nothing seems to have changed. Insurance companies are considered by some to be allegedly in each others pockets, and, (for your information) they ALL have direct information into a central data base on insurance claims. You are no doubt paying money to your INSURANCE company to get legal representation and if that is so, either the insurance company or the solicitors MAY be in breach of contract, but you would have to do some research on that.
With that said, the Insurance Companies (Legal Expenses Insurance) Regulations Act 1990 you can choose the solicitor you want to undertake your claim, rather than being forced to use one appointed by your insurer, which might be easier said than done, especially if you have found the one allotted to you is rubbish from previous experience.
All ok now?
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Ever wondered how our traffic signs originated?
Some drivers have no idea how the current traffic signs originated, let alone understand the full or correct meanings. This blog is about the history and value to drivers, if they positively looked for them, so they can understand what is in store for them over the next few hundred yards / meters or so.
Back in the fifties traffic signs were scant, mainly black on white and were a crash waiting to happen. Even the direction boards were non reflective and difficult to see and read, especially in inclement weather or poor light conditions.
However, post war saw a revolution both in design and lay out to the UK's traffic signs, when a British typographer and Graphic Designer called Richard 'Jock' Kinneir(*1) set about resolving this issue. Very quickly he realised this was a bigger job than anticipated and he recruited a student graphic designer, Margaret Calvert, who together redesigned everything, albeit their brief from the Department of Transport's Anderson and Worboys committee, was not to re-invent the wheel, which they eventually went on to do with traffic signs!
Those designs were all hand made in the beginning by both Kinneir and Calvert by cutting out white paper and sticking them on to coloured backgrounds, to the point that they carried out experiments with RAF personnel at RAF Benson where signs were placed on a moving car and the personnel were asked to state when they could read the signs clearly, by indicating how far away that point was. This experiment was shown in a documentary about the Victoria & Albert Museum(*2) which is now available on YouTube.
Through these experiments it was realised that the spacing of letters was very important, so they made that space bigger with upper case for first letters and lower case for the rest in a particular word. That format turned into a type font called
Transport, (a Sans Serif typeface) which was designed between 1957 to 1963 and is still in use today. Indeed, one of the very early signs designed by Kinneir and Calvert of Trunk Road sign of a roundabout giving directions to Nottingham, has now been donated by Calvert to the London V & A Museum for their collections. These signs have been in use for over six decades and are still as fresh today as 'Pictograms' as they ever were, albeit drivers still fail to understand the correct meanings of many of them, which could be something for continued driver education to resolve.
*1 Accessed online (Google) 281120 https://www.google.com/search?q=Jock+Kinneir+margaret+calvert&rlz=1C1CHWL_enGB880GB880&sxsrf=ALeKk0342zA67gnbZjdsXSGm5UqAqE3WxQ:1606565377174&tbm=isch&source=iu&ictx=1&fir=2IZJuCstiQEyEM%252CMnCScAhe0nR7KM%252C_&vet=1&usg=AI4_-kSYuvavgQ8VULHXFETBoI9GJNy2Pw&sa=X&ved=2ahUKEwi6o_W0mqXtAhVIUcAKHaL1CsAQ_h16BAgOEAU#imgrc=2IZJuCstiQEyEM
*2 Secrets of the Museum - Series 1 Ep 4 BBC Documentary 2020 - Accessed on line 281120 https://www.youtube.com/watch?v=3xcTC4UxDJw&ab_channel=tissgle
**
Driving in Snow
The UK is not renowned for having lots of snow, especially in the South, albeit, Scotland and other parts of the North do get their fair share in the highlands and on the Peaks. However, as a result of Global Warming, our climate seems to be all over the place with hotter and dryer summers and colder and often wetter winters. With that said, as this blog is being written, (7th February, 2021) we have snow laying in the South East which has caused disruption and caught drivers of all vehicle sizes out.
You have to ask yourself, why? Usually because the majority of drivers do not prepare themselves or their vehicles sufficiently well enough for what should
only be essential journeys. We say essential, because if you don't need to make them, then stay at home and make other arrangements to conduct your business, if possible. It's all well and good having a garden as good as our neighbours, but is making a journey going to start and end in you arriving back home safely?
It is important to consider the best course of action before making that journey. Planning is essential. The route, the weather reports, ground conditions, temperature and your ability to drive on snow covered roads all need to be given consideration before you set off. Do basic checks, i.e. fuel, check levels of all fluids, check tyre* pressures and tread. Check to see if your tyres are all purpose or capable of safely being used in snow and ice, check all lights. Above all, make sure you are fit to drive! *The temperature of the air inside your tyres will reduce as the air inside contracts, the colder the temperatures gets outside, so you may need to increase pressures before setting off.
It is sensible to have an emergency kit in your vehicle, consisting of wellington boots, warm reflective head to foot clothing, warm headgear, a fully charged mobile telephone battery, a torch, a blanket for each passenger, additional reflective PPE for each passenger, a shovel to dig yourself out, some fluids and something to eat, just in case you do get stuck.
Not all roads will be cleared. Priority will be given to arterial routes, i.e. motorways, trunk roads/major routes, roads into hospitals, fire stations, ambulance stations etc., so you will need to be prepared to help yourself.
If you do need to make a journey, then every action needs to be delicate. Any harsh movements will just cause you problems.
When moving away in snow or ice, use first gear without any acceleration which allows controlled traction. Use higher gears if already on the move with very gentle application of the gas. When slowing down leave plenty of space (the Highway Code recommends 10 times the space; compared to driving in good dry conditions, which relies on the
two second gap), i.e. 20 seconds in snow/ice. The bigger the vehicle you are driving the greater the gap required. Avoid harsh or excessive braking. When you have reduced your speed sufficiently, using the gears through the appropriate speeds, brake only to stop the vehicle safely. Your steering actions should be light and gentle to avoid under / over steering. All of these actions can prevent skidding,
if applied correctly, which can save you the stress of crashing and causing injury or extensive damage to your vehicle.
Finally, weigh up the benefits of the journey against the cost of the injury (time off work) or damage you may incur if it all goes wrong! Drive Safely.
Not so Smart Motorways
It is considered that all drivers know what a motorway is and how to use them safely, given, according to government statistics these are our safest roads. However; over the past decade or so, we have been introduced to different kinds of motorways, called 'Smart Motorways' which are causing some consternation to motorists.
There were three types of smart motorways all of which stem from a pilot on the M42 Birmingham Box, in 2007. All lane running; dynamic hard shoulders and controlled motorway schemes.
All Lane Running is exactly what it says, the hard shoulder has been removed and used as a live lane and Safe Refuges installed in their place every 500m. Technology installed to detect broken down or stationary traffic, with messaging in overhead gantries to advise drivers of issues ahead, in particular the Red X to close a lane. Speed cameras and CCTV also monitor the carriageways.
Dynamic hard shoulders were introduced when traffic congestion occurred and the hard shoulder was used to help manage it. A Red X is used to indicate the lane is closed. This system of managing traffic became too complicated, so it is to be discontinued.
Controlled Motorway
Schemes are the standard current method of managing traffic with variable speed limits being applied when traffic becomes congested, retaining the standard hard shoulder.
Many motorways that are being upgraded to all lane running motorways do not have the same level of safety built into them, which is subject of a review. Drivers need to become more aware and understand what to do in the event of a breakdown or accident. Emergency Refuges currently are two kilometres (1.6 miles) apart, and are set back out of the way of live running lanes. Those already built should get a new paint job which should have occurred during construction, to Orange. Most are now being made much longer for larger vehicles and with the ability to be seen by control room staff. This one pictured has none of these safety features and sadly, over 40 deaths in the past decade have occurred on all lane running motorways as a result of vehicles crashing into stationary/broken down traffic, which is why it is important to understand what to do should you become stranded.
Where possible, try to get to the nearside lane (lane 1) and if possible keep going until you reach a Safety Refuge, where help can be summoned by telephone located in that refuge. Hopefully, you will be seen by a control room operator before you make your call, but if not, you will be seen just by picking up the phone. If you are not able to get to a refuge, then stop in lane 1, activate your hazard warning lights and leave your vehicle by the near side passenger door. If possible move away from your vehicle by walking towards the oncoming traffic, so you are not showered by any debris should your vehicle be hit. Again if possible, try to get off of the live lane by climbing over any fencing, where you can see the other side. Do
not climb over any high wooden or metal fences as there is often a long drop on the other side. Use your mobile telephone and dial 999 for immediate response, advising them of your location from marker posts which should be sited every one hundred yards apart. The photo shows both types plus the new style emergency telephone, which is free to use and connects to Highways England control rooms.
*For further information check out this link: https://highwaysengland.co.uk/road-safety/safer-driving-on-motorways/
What drives KSI Stats?
Within Great Britain there is as government document called the Reported Road Casualty GB Annual Report.(*1), which looks at Killed and Seriously Injured (KSI's) people on our roads. The question being asked is what drives the KSI national statistics?
There's no simple answer, however, one might ask is it poor driving, speeding, driving drunk or drugged, or drivers taking risks when they shouldn't be. Others will ask, if so, what is being done to remedy the problems?
Driver education professionals will tell you the standards of education have risen enormously since the 1990's, compared to what many of us, of a certain age, went through to take the practical driving test decades ago.
In the 60's did the driving test, after which you were asked half a dozen questions, needing at least four correct answers do the job? A separate theory test arrived on 1st July 1996 with the pass mark 26/35, later rising to 30/35. On 1st October 1996 it included hazard perception, in 2002 after computerising the theory test in 2000.
According to the Serious Injury Law practice (*2) the top five causes of crashes are:
1. Failing to look properly;
2. Failing to judge another's speed or path;
3. Careless or Reckless (now known as dangerous driving) or in a hurry;
4. Losing control of the vehicle;
5. Drink driving, which also now includes drugged driving.
Poor observations is the cause of so many fatal and serious crashes, as well as minor and damage only crashes. Many crashes occur at junctions as a result of drivers failing to judge the speed of other traffic, especially motorcycles approaching, or being unable to judge the potential direction/path of others. Some drivers will pull out having made this mis-calculation causing a crash. Generally, this is Careless Driving, however, some will take more of a risk and pull out, which, when it ends in a crash, can lead to charges of dangerous driving.
Where drivers are inattentive, or are being distracted which can cause the loss of control of the vehicle, due maybe, to having to brake very hard as a result of traffic ahead stopping suddenly, or misjudge their own speed and distance to stop safely in the distance available, or have misjudged the traffic or weather conditions which so often ends up with the driver losing control and clearly the first four reasons for crashing tend to all be connected in some shape or form. The last reason generally is a positive choice by the driver where they have a few drinks or take drugs, (illegal or medications), and then drive their vehicle under the influence of those chemicals, subsequently finding themselves crashing which so often, because of the drink or drugs, involves another poor decisions.
Occasionally, crashes occur as a result of work schedules and the driver ends up having to rush their journeys and the only place they can try to make up the time, misguidedly, is through the accelerator pedal, i.e. drive faster to try to maintain those schedules, which then opens them to fines and points on their driving licences. It is clear there is a responsibility both for the driver employee and their employers to ensure schedules are sensible and workable, given volumes of traffic have risen exponentially over the past coupled of decades. Where companies or employers schedule drivers work where there is little to no consideration to allow their driver employees to make those journeys safely for their employer, then there is now in place, an piece of legislation that should the driver cause a crash where a life is lost, the companies can now be charged under an offence within the Culpable Homicide and Manslaughter Act 2007, bringing a company before the courts. Safe Driving.
*1 Ksi's 2019 (latest available) can be found here, at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/928205/reported-road-casualties-gb-annual-report-2019.pdf
*2
https://www.seriousinjurylaw.co.uk/resources/blog/5-major-causes-of-uk-road-traffic-accidents-and-how-to-avoid-them/ - accessed on line 150221
Corporate Manslaughter Act
or to give it the full title, "The Corporate Manslaughter and Corporate Homicide Act 2007" came into effect in 2008 in response to a number of large-scale disasters in the 1990s. The Acts were to impose criminal responsibility on organisations, companies and businesses where gross negligence has led to the death of an employee.
Corporate manslaughter is a criminal offence, and it would be the business that would be prosecuted for the offence, i.e. company/organisation and/or a Director, if the way in which its activities are managed causes a death through a gross breach of duty of care to the deceased. The word culpability plays an important part to this offence, which companies should know and understand, given a duty of care of businesses to their employees has been a part of running a business for decades.
To be convicted of such an offence the following would need to be proven:
- the defendant is a qualifying organisation;
- the organisation owed a relevant duty of care to the deceased;
- there was a gross breach of that duty by the organisation;
- the way in which its activities were managed or organised by its senior
- management was a substantial element in the breach; and
- the gross breach of the organisation’s duty caused or contributed to the death.
However, businesses, companies or organisations have to be qualifying entities under Section 1 (2) of the act, as follows :
- a corporation;
- a government department or other body listed in Schedule 1;
- a police force; or
- a partnership, or a trade union or employer’s association, that is also an employer. Some of these are defined within the Act, others as a matter of general law. (*1)
Some of the things that need to be looked out for could be those involving scheduling drivers that have insufficient breaks/rest periods and as a result, end up becoming involved in a fatal crash, where life is lost. Employees working in the yard, where loading operations are rushed due to time scales being insufficient. A number of companies and organisations (*2) have been prosecuted under the Act since its introduction, including a NHS organisation in Kent, for negligence, a care home for failing to provide proper care, another, a building company where an employee was crushed by an unsound retaining wall as a result of the lack of risk assessments and other poor building practices. A crane hire company was convicted for poor maintenance on a crane where the brakes failed on an off road site negotiating a sharp corner and many more besides.
The Corporate Manslaughter and Homicide Act 2007 does not form a part of the Health and Safety Regulations, however it does influence it in that it will introduce an important new element in the corporate management of health and safety and therefore needs great degrees of attention to all operations. Safe Driving.
*1 CPS - Corporate Manslaughter - Accessed on line 150221 - https://www.cps.gov.uk/legal-guidance/corporate-manslaughter
*2 CQMS - Accessed on line 160221 - https://cqms-ltd.co.uk/landmark-corporate-manslaughter-case/
Overtaking - The What, Why, Where, When & How
What is overtaking? The question comes down to education and good foundations of knowledge to solve issues that may present themselves. We need to answer five main questions and find answers before decisions are made to overtake. These are suggested questions and answers, but it is felt that the reader may find many more for themselves, with some thought!
The What, Why, Where, When and How of overtaking.
What?
What is it we are trying to do? Often, it is to pass slower moving vehicles or lines of vehicles ahead, or to pass stationary objects.
Why?
Why do we need to carry out this action? There are many answers that must be solved before any action is taken, e.g., we are being slowed down on our journey, I am on a tight schedule, traffic ahead is just driving too slowly for the road conditions, my vehicle is being covered with muck by preceding traffic; I just need/want to get a move on!
Where?
Where will I execute this manoeuvre? Is this current stretch of road suitable? what is the condition of the road surface? What is the road topography, i.e., is it straight, long, are there sharp bends etc?
When?
When can I make the overtake? Is it safe? Is the road suitable? Will I surprise drivers ahead on my passing their vehicle or cause them to deviate, causing an accident? Is there any oncoming traffic in view or likely to come into view due to bends seen or as yet unseen?
How?
How is this overtake to be executed? Firstly ask, 'is it really necessary.' If the answer is no, then there is no need to ask any more questions until another opportunity arises.
However, if you answer yes, then you must consider all of the following questions: Is it Safe? Is it going to cause others to deviate from their own course or speed? Will it destabilise an overtaken vehicle or a following vehicle? Is there sufficient space to move out on the approach side as well as enough space to move back in to once the overtake is completed? Will you cause an accident during this overtaking exercise? Is the road and weather conditions conducive to the overtake?
With all of these considerations in mind, any overtake should commence as a minimum, from at least two seconds distance (more for even better views ahead) from the vehicle(s) to be overtaken, to be able to analyse the road ahead more thoroughly. Impeccable observations must be always part of this manoeuvre.
If it is still acceptable, select a more flexible gear to accommodate a speedy overtake; move up to a one second distance and as you are moving up, move half your vehicle width to the right so you can still see past the vehicle about to be overtaken. If there are no oncoming vehicles, hold the one second position. This will allow you to move back safely if necessary, without a following vehicle moving into your space and to make a final check to pass.
If it is still acceptable, move fully out to the other side of the carriageway and then accelerate firmly. Leave sufficient space so as not to panic the driver(s) being overtaken, remembering to leave at least 1.5 meters for cyclists. When clear, using good observations move back to the near side and continue with your pace, changing gear as appropriate. Avoid gear changes whilst over taking, as this can destabilise your vehicle.
If you are overtaking animals, often it is wise to wait until they leave the road, or if horses, until the rider or person in control of them waves you past. Remember it is always your responsibility to remain safe.
How COVID has affected the driver training profession as well those who they serve.
This past year has been tough, not only for companies who are served by the driver education profession, but also for individuals who work through a third party, who actually deliver the training either in the classroom, on Zoom, or, indeed on the road.
It is a known factor that, because of COVID, over two thousand driver trainers across the whole spectrum, within the past 12 months, have either stopped their provision of driver training, or have gone bankrupt due to the lack of work. Our Government has put similar restrictions upon these individuals, very many of whom have changed course and retrained or just moved into other jobs making deliveries for supermarkets or becoming taxi drivers, with some, (who can afford to do so) moving into voluntary work.
Like so many others, the rules or more appropriately, the Guidance speaks about a number of things that we are being asked not to do, and in some cases are being told we cannot do. The biggest problem for driver trainers is the inability of mixing with folk outside of their own household or bubble, i.e., people they live with or those who form a part of their immediate bubble. Their journeys must be essential which means things like; getting the shopping, providing care, or going to work which cannot be done at home, but is an essential part of keeping the country moving. [Many more options are written within the regulations].
The rules [Guidance] which have now been supported in regulations[1] is providing powers to those relevant persons, i.e.
(i) a constable,
(ii) a police community support officer,
(iii) a person designated by a local authority for the purposes of this regulation, or
(iv) a person designated by the Secretary of State for the purposes of this regulation, who can and are now issuing fixed penalty tickets initially for £200, which can rise to much higher fines, should offenders be caught on other occasions.
Should our driver trainers and clients be stopped, it would be very difficult to suggest our journey was essential and that we are in compliance with both the guidance and the regulations. Some have suggested 'Key Worker' is the reason to give when stopped. However, that loophole has now been closed to those providing emergency life saving response, who have a booked test and have had their request for training directly authorised by their Local Authority running their emergency service. Given clients will be experienced drivers, it leaves no room to manoeuvre, neither is it responsible, something we all must portrait!
However, there is light at the end of the tunnel with Vaccines now being given to the most vulnerable, with the statistics of contagion and death on the downward turn and with the majority of the nation being responsible with what they do outside in the real world of work. It is hoped we shall all be back with our clients doing what we do best, in reducing costs for our client companies and reducing casualties of all descriptions. Stay Safe and Keep Well.
[1] https://www.legislation.gov.uk/uksi/2020/1374/regulation/9 - The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020
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