Posted By Ken Taylor If it's on a private road the HSE or EHOs might inspect depending upon who are the enforcing authority for the particular work undertaking. If it's on the public highway it's unlikely that they would unless it involves someone for whom the public highway is their workplace (eg roadworker hit by car). Hopefully someone currently in the HSE or EH Department can clarify this further for you.

Posted By ken mosley Nick, Unfortunately, like most of these things there is never an easy answer. There is, however, one bit of interesting case law - 'The Akhtar case'. In 1997 a 19 year old man was killed in his car on the public highway when it was struck by a FLT from a timber yard. There ensued a great deal of discussion/arguement between the police and the HSE as to who should investigate. Four years after the death and over a year after a high court judicial review decided the HSE were wrong to refuse to investigate the incident in the first place, the HSE prosecuted the employer and its MD. The FLT driver was also prosecuted eventually by the police for a driving offence. It was only the persistence of the family that got a judicial review, without it probably nothing would have happened because it seems such a grey area. If you put 'akhtar judicial review' into a search engine you should be able to find out more. Sorry it doesn't make things any clearer. Ken

Posted By P Williams It was actually me that gave the above advice to John Knight. I would, however, like to clarify something that I may not have made clear to John. Re notification, yes the Police may well notify the HSE but, and this is the important bit, if the incident results in an injury or occurrence etc that would require notification under RIDDOR then the employer must make the report, the police will not complete an F2508. I should point out though that not all injuries arising out of RTA's are reportable. The employer would have had to have contirbuted in some way eg unrealistic delivery schedules, poor vehicle maintenance etc. If the incident is a result of the failings of the driver(s) then the incident is unlikely to be reportable see L73 for more info. Regarding who the enforcing authority would be then my addvice is dont worry about who it would be, worry about having complied with your duties because they are the same whoever the enforcing authority is. If the incident does need to be reported under RIDDOR then report it to the Incident Contact Centre (not wanting to repeat myself but the Police will not do this for you)The ICC and respective LA/HSE officers will argue it out between them who the enforcing authority is. Hope this helps

Posted By David Horenr Reality - I was involved in a RTA on 23rd Dec whilst at work – I had previously noted a Skip Transporter being driven rather erratically along a duel carriageway section of the A56 in Manchester. I eventually passed the vehicle in question following a pause at a set of traffic lights. At the next set of lights my intention was to turn right and after indicating pulled off into the right turn off slip, leaving both lanes of the dual carriageway clear. As I waited for the traffic signals to change, my car received a substantial blow on the nearside from a passing HGV – yes it was the previously mentioned Skip Transporter. The driver explained that he had to swerve to avoid a cyclist and hit my car – this was a duel carriageway with many meters of clear vision prior to the junction. I was somewhat shaken and as a result of the significant damage to my car I called the police. The police officer on the other end of the phone line, asked if anyone one injured. I replied that I was shaken but appeared not to have suffered any physically injury. But my car was badly damaged and I believed the accident could have been avoided. His reply “if no bodys been injured we don’t need to know”. Later on I called the Skip Company and asked to speak with a manager; I explained that I had been involved in an accident with one of their lorries – he cut me short – I know that’s what’s we have insurance for, its only a car! He then became quite abusive. As a Health and Safety Professional with a Defensive Driving Assessor qualification and as an Observer the Institute of Advanced Motorists; I am more than aware of the requirements to control Occupational Road Risk. The reality – much like H&S Law unless someone is killed or seriously injured we do not have a viable chain of enforcement. David Horner MIOSH RSP MIIRSM MRSH