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A Kurdziel  
#41 Posted : 16 December 2013 11:56:51(UTC)
Rank: Super forum user
A Kurdziel

Sorry I think what is and isn’t a suitable and sufficient risk assessment is important. If we do not have a standard definition then everyone can make up the their own, with some suggesting that it is a ritual dance done wearing strange hats( unlikely but possible) or checklist you do without thinking, which you then stick in drawer somewhere and forget about ( surprisingly common).
Of course the lawyers etc get it wrong- that’s why I am hoping for an appeal by the CPS/HSE on the point of law to clarify this.
NickH  
#42 Posted : 16 December 2013 12:32:37(UTC)
Rank: Super forum user
NickH

Personally, I also think common sense prevailed in this instance.

I have a very good friend who was travelling on that section of the M5 that evening. He mentioned to me at the time that it was one of the worst 'pea souper's' he had ever seen. He also mentioned that there were numerous cars driving along at over the national limit (he had reduced to 40 - 45 mph due to visibility) as there was a constant stream of cars overtaking him as if he was stood still.

Not suggesting that those that tragically lost their lives were not driving to the prevailing conditions, but when multiple vehicles are driving far too fast for prevailing visibility it is an accident waiting to happen whether or not the 'pea souper' also contained elements of smoke on a small section of the motorway.
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