Rank: Forum user
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Van driver out delivering has road rage incident and a youth on moped smashed the drivers side window, resulting cut to drivers eye. Will result on over 7 days absence , do you think Riddor reportable?
Thanks
Bill
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Rank: Super forum user
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No, road traffic incident report it to the police.
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Rank: Super forum user
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I was going to say that but it wouldn't let me post ......
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This is why people hate RIDDOR-this comes from the HSE QAs about RIDDOR-
“Q. A security guard suffered a broken arm when a thief hit him while making a getaway in a car. Is this reportable?
A. If the car was being driven on a road, it is not reportable. If this was in a private area, it would be reportable as an act of non-consensual violence to a person at work”.
So is the incident not reportable, because it is on public highway or because it is not “at work”?
I would venture to say that the incident with the lorry driver is reportable as, although is happened on the public highway, it was at work and not something to do with Road traffic offences but simple non-consensual violence.
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Rank: Super forum user
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Sorry I can't see any ambiguity there. If the incident was on a road it's an RTA and not reportable
If in a private area ie not on a public highway it is an act of non-consensual violence against someone at work --- reportable.
This incident would not be reportable because it is an RTA on a highway
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The cut to the eye was as a result of an RTA on a public highway. The cause of the RTA is irrelevant as is the fact that the IP was at work.
Not reportable
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Rank: Super forum user
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A Kurdziel wrote:This is why people hate RIDDOR-this comes from the HSE QAs about RIDDOR-
“Q. A security guard suffered a broken arm when a thief hit him while making a getaway in a car. Is this reportable?
A. If the car was being driven on a road, it is not reportable. If this was in a private area, it would be reportable as an act of non-consensual violence to a person at work”.
So is the incident not reportable, because it is on public highway or because it is not “at work”?
I would venture to say that the incident with the lorry driver is reportable as, although is happened on the public highway, it was at work and not something to do with Road traffic offences but simple non-consensual violence.
Surely based on your logic the security guard example would also be reportable because he was at work and suffered non-consensual violence. However, the Q&A makes it quite clear if it was 'on a road', it is not reportable'.
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Sorry if I am being a bit thick, but when did assault become a road traffic accident?? as it appears from the HSE Q&A.
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In the HSE example he was hit by the car not the person. If it was on a highway it would be an RTA. The police would have jurisdiction.
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I would say yes on this one because it was an act of violence resulting a 7 day absence not as a result of a collision.
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It was a collision, the youth on the moped collided with the van, breaking the mirror. The result was a cut eye, caused by an RTA---- not reportable
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To be fair the OP does not state if it was a collision or not. The youth could of smashed the window with his hand or crash helmet.
So I would say; collision no, smashed on purpose yes
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OK, I'm going to be a pedant here. RIDDOR says nothing about RTAs, it may seem that way, but it doesn't. What it says is this:
'Where the injury or death of a person arises out of or in connection with the movement of a
vehicle on a road' it is not reportable.
The OP's question clearly relates to an injury 'aris(ing) out of or in connection with the movement of a vehicle on a road'
Not reportable,
John
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jwk wrote:OK, I'm going to be a pedant here. RIDDOR says nothing about RTAs, it may seem that way, but it doesn't. What it says is this:
'Where the injury or death of a person arises out of or in connection with the movement of a
vehicle on a road' it is not reportable.
The OP's question clearly relates to an injury 'aris(ing) out of or in connection with the movement of a vehicle on a road'
Not reportable,
John
I'm going to pedantic, the OP doesn't state that anything is moving
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Reportable or not. Will the HSE or LA care about it anyway?
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Mr Flibble: if nothing moved how did the vehicles get there? RIDDOR doesn't say they have to be moving at the time... :-)
John
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I read it the same as Mr Fibble, the OP said road rage. I would not have thought you would ram a vehicle with a moped in road rage. The only part of a Motorbike high enough to smash a window is the handle bar, that would be quite a manoeuvre or a full on collision surly, not just road rage.
So the injury seems nothing to do with the vehicles, but of course if the OP cares they would get back to us on that point.
Who knows anymore what the HSE is interested in.
Chris
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Rank: Super forum user
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Chris,
As it says in the regulation: 'arising out of or in connection with'. The injury doesn't have to be directly caused by the movement of the vehicles, only 'arising out of or in connection with'. The way I see it, road rage is a Police matter, which is the supposed reason for road incidents being excluded from RIDDOR in the first place. Not reportable,
John
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Rank: Super forum user
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Once had an employee spat at by someone in a car pulling up alongside her (she was driving on company business). Was this there for an RTA as it happened on the public highway in a road vehicle?
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Rank: Super forum user
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IMO its not an "RTA" but does not have to be, OP was in a vehicle on a public road when the injury occured, directly or indirectly caused by the use of their vehicle.
Not reportable under RIDDOR
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Rank: Super forum user
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Let’s replace RIDDOR with a new set of regulations, which say :if you have an incident which with hindsight it is obvious should have been reported to the HSE, you should report that incident. If this report is of an incident that the HSE is not interested in you should be charged for wasting HSE time and resources.
That would clear everything up…
Happy Friday
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Rank: Forum user
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What about if that vehicle is a workplace? Say a bus driver slips over in the bus and breaks an arm while that bus is parked on a public road? By some of the definitions given on here that would still be classed as an RTA.
Happy Friday :)
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Rank: Super forum user
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jwk wrote:OK, I'm going to be a pedant here. RIDDOR says nothing about RTAs, it may seem that way, but it doesn't. What it says is this:
'Where the injury or death of a person arises out of or in connection with the movement of a
vehicle on a road' it is not reportable.
The OP's question clearly relates to an injury 'aris(ing) out of or in connection with the movement of a vehicle on a road'
Not reportable,
John
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quote=jwk]OK, I'm going to be a pedant here. RIDDOR says nothing about RTAs, it may seem that way, but it doesn't. What it says is this:
'Where the injury or death of a person arises out of or in connection with the movement of a
vehicle on a road' it is not reportable.
The OP's question clearly relates to an injury 'aris(ing) out of or in connection with the movement of a vehicle on a road'
Not reportable,
John
But by the definition you kindly provided it states "movement of a
vehicle on a road "
This was not necessarily from movement of a vehicle. Just because there were a couple of vehicles, does not automatically mean it is not RIDDOR (ie loading and unloading is RIDDOR).
But we don't know for sure if there was movement of the vehicles or not. We also don't know if it was on a public road. So lets have the answer from the OP.
The out of or in connection with part is interesting and you could take this either way. Does there have to be movement at the time of the injury or can it be several minutes or even hours after when they are both in the pub and the youth spots the person who aggravated him.
RIDDOR question are good, as it requires you to think about the scenario. I can certainly see why people are saying not reportable, but I don't think it is clear cut.
Chris
Arrrr had that funny error page with all the code in it again. then took me back to my post minuts the bit I added, grrr.
New security code = q Git E, trying to tell me something and wait 5 minutes
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Well this goes back and forth in the forum, good question as everyone has a different take on the matter.
“Van driver out delivering has road rage incident and a youth on moped smashed the drivers side window, resulting cut to drivers eye. Will result on over 7 days absence , do you think Riddor reportable?”
Just by the question it is evident that a few things stand out
• Road rage incident a driver should be reporting immediately to the police
• Did he continue to deliver / work? What was his actions following the incident?
• What was his part in the incident, as road rage occurs on a majority of occasions out of frustration of another’s actions?
• If the injuries sustained eye or surrounding fleshy area
Usually, an RTA is dealt with at the time of the incident or thereafter, if the other vehicle details are available
With regards, whether the injury is reportable under RIDDOR, then it could come under violence at workplace. As his van is his workplace, on the other hand it could me a moving vehicle.
As you can see, by the responses on this thread, there is no right or wrong at the moment, as everyone is assuming, so best way forward is to get the facts and then decide, take the necessary action to prevent re-occurrence and if you still throwing the question about and unhappy with the answers
Then contact HSE and discuss it with an inspector, who will be in the position of “Yes or No” on some occasions they may say report it just to be sure you cover all ambiguities
Unfortunately, the individual that caused the injury through his actions by smashing the window (By Road Rage Aggression), was somewhat infuriated by the driver’s actions. Let’s establish the facts / underlying causes that caused the incident.
Agree with Chris42 - it is not clear cut
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Rank: Super forum user
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Road rage is not an offence. Common assault /battery, threatening behaviour/criminal damage/dangerous driving/due without due care etc are.
So if the case is that the act of breaking the window was criminal damage and or threatening behaviour and that led to the physical injury to the employee then it is reportable under RIDDOR.
If the case is that there was a road traffic collision which caused the property damage and subsequent injury then it is a RTI and not reportable.
Simples. No need to consider anything else.
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Rank: Super forum user
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when it comes to RIDDORZ just ask pete48.
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