INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF KEVIN MYKOLIW [2010] ScotSC 135 (06 August 2010)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF KEVIN MYKOLIW [2010] ScotSC 135 (06 August 2010)

The death of Mr Kevin Mykoliw was caused by a collision between a midi bus and an unlit, unhitched trailer parked facing oncoming traffic in breach of operator licence conditions and lighting regulations. The accident could have been avoided by compliance with parking regulations, proper lighting, correct trailer orientation, conducting brake tests in safer conditions, and implementing a safe system of work for brake testing.

Citation
[2010] ScotSC 135
Parties
Prosecutor: Procurator Fiscal Depute; Interested Party: Tulloch Transport Ltd; Employer/interested Party: D. & E. Coaches Ltd; Interested Party: Highland Council
Jurisdiction
Scotland
Judgment Date
06 August 2010
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Determination of causes and circumstances of death; recommendations for accident prevention.
Legal Topics
Workplace Safety, Vehicle Regulations, Public Road Safety, Employer Liability, Accident Prevention
Health and Safety Transport Law Administrative Law Workplace Safety Vehicle Regulations Public Road Safety Employer Liability Accident Prevention

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Parties

Procurator Fiscal Depute

Prosecutor

Tulloch Transport Ltd

Interested Party

D. & E. Coaches Ltd

Employer/interested Party

Highland Council

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What were the causes and circumstances of the death of Mr Kevin Mykoliw?
  2. 2 What reasonable precautions might have prevented the death?
  3. 3 Were there defects in any system of working that contributed to the death?

Ratio Decidendi

The death of Mr Kevin Mykoliw was caused by a collision between a midi bus and an unlit, unhitched trailer parked facing oncoming traffic in breach of operator licence conditions and lighting regulations. The accident could have been avoided by compliance with parking regulations, proper lighting, correct trailer orientation, conducting brake tests in safer conditions, and implementing a safe system of work for brake testing.

Court Disposition

Determination of causes and circumstances of death; recommendations for accident prevention.

Orders

  • Operators to comply with operator's licence conditions for parking.
  • Trailers to be properly lit when parked on public roads at night.