Do we need a Highways Accident Investigation Branch Lessons from Rail and the Cullen Inquiry Steve Gooding, Director – RAC Foundation Chris Jackson, Head of Transport Sector, Burges Salmon

Overview Why we need an HAIB Comparators: UK transport modes and the objectives: of independent accident investigation Lessons from Rail/Cullen/other modes: Independence Non-use of witness evidence in criminal process DfT/RAC Foundation investigation project – progress so far Discussion/questions

Steve Gooding Director, RAC Foundation November 2018 2017

incident monitor investigation implement patterns lessons

This is not a ‘block-and-copy’ job

Why ? ‘Number Crunching’ by mode (2016 data) Incidents reported Fatalities Serious Injuries No of AIB investigations AIB annual cost Aviation 656 (10 fatal) 16 N/K 38 deployments 208 other Marine 1190 13 30 £4.058m Rail [687 rail movemt] 283 = 237 suicide 27 t/pass 7 p/ger 12 other 469 19 £4.7 m Road 1792 24,101 None (N/A) N/A

Investigation Objectives To prevent recurrence/improve system safety Ability to: Get at the facts Establish immediate and root causes ‘Call out’ regulatory as well as operational factors Not penal/fault finding – separate process E.g. Rail scope (2004/49/eu – RSD): Article 19(1) - a serious accident where investigation is mandatory Article 19(2) - an accident or incident, which under slightly different conditions might have led to a serious accident, ie a near miss of a serious accident

Highways

Benefits of an AIB AIB Staff

Ladbroke Grove/Cullen Public Inquiry Collision: 5 October 1999: 31 fatalities >400 injuries Public Inquiry(ies): Cullen/LGRI 1: the collision – immediate causes Joint Southall/LGRI: Cullen/Uff train protection systems etc Cullen/LGRI 2: industry structure, regulation and legislation Industry group representations/submissions including ATOC, Railtrack – now NR, ORR, HSE, Unions, Police, families/survivor groups Development Railway Safety Directive in parallel and following. RAIB debate = one of 7 key issues covered

Independence and Immediate/Root Cause Human Error and System Failings: Location specific Generic Role of: Operators (infrastructure and Regulators (Legislature) Contrast e.g. Shoreham and Buncefield approaches Technology, societal perception of risk, and future roads

Railway Safety Directive 2004/49 “ (24) A safety investigation should be kept separate from the judicial inquiry into the same incident and be granted access to evidence and witnesses. It should be carried out by a permanent body that is independent of the actors of the rail sector. The body should function in a way which avoids any conflict of interest and any possible involvement in the causes of the occurrences that are investigated; in particular, its functional independence should not be affected if it is closely linked to the national safety authority or regulator of railways for organisational and legal structure purposes. Its investigations should be carried out under as much openness as possible. For each occurrence the investigation body should establish the relevant investigation group with necessary expertise to find the immediate causes and underlying causes.”

AIB witness evidence The safety policy imperative to keep separate from criminal process MOUs between AIBs, regulators and police The different purposes of criminal law, civil law and regulation Need for secondary legislation or equivalent protection E.g Sussex Police v Secretary of state for Transport & Anor (2016): Police application to Court to access AAIB evidence refused by High Court Reason = “chilling effect” of deterring witnesses Compulsion powers/the right against self- incrimination.

Rail – Different Roles

UK Post Cullen rail safety (2005-2015)

£480,000 live crash investigations independent from the police boil the sea focus only on casualties

Develop a ‘systems thinking’ framework Consult widely Develop a ‘systems thinking’ framework Work with police forces and NPCC Pursue the true cost of crashes Interrogate and match data sets Pursue an ‘agile’ approach Underway Commissioned By year end

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Thank you Discussion