A82 Drumnadrochit fatal accident inquiry: UK government ‘will consider’ sheriff’s recommendations for new law following death near Loch Ness, but has not yet committed to enacting them

Calls for new lorry safety laws in the wake of a fatal incident on the A82 near Drumnadrochit “will be considered”, the UK government has confirmed.

The Department for Transport made the remark and promised to “respond in due course” after a fatal accident inquiry ruling last week.

The inquiry was held last year to investigate the circumstances which led up to the death of Inverness nursery teacher Chloe Morrison while she was walking on a path next to the A82 near Drumnadrochit in October 2019.

The 26-year-old was killed by a passing lorry which did not have its onboard crane legs - or outriggers - stowed properly.

Driver John O’Donnell (54), who worked for Glenevin Ltd of Oldmeldrum in Aberdeenshire, had not noticed in his mirrors that the heavy steel outrigger had slid out as he drove back from a delivery on Skye.

The outrigger had subsequently locked itself into its fully extended position, which stretched 1.3 metres across the footpath, and it struck Ms Morrison as she was walking with her mother less than a mile outside Drumnadrochit.

O’Donnell was later found guilty at the High Court of causing Ms Morrison’s death by careless driving, and he was sentenced to 100 hours of unpaid work and banned from driving for 12 months.

The subsequent fatal accident inquiry, which followed the resolution of the court case, issued its findings last week.

And the man who led it, Sheriff Ian Cruickshank voiced his “serious concern” that the tragic incident could be repeated unless action was taken to ensure alarms are fitted.

At the moment, although “crane not stowed” warning systems are required by law, it is not mandatory for a vehicle to also have a “leg not stowed” warning.

In his ruling he said: “There is no doubt in my mind that [Chloe’s] death occurred in circumstances which give rise to serious public concern.

“Without rectification of certain requirements relating to the installation of safety systems relating to lorry loaders there remains a possibility that similar circumstances could arise again. I have concluded that steps could be taken which might realistically prevent deaths in similar circumstances.”

He continued: ““I recommend… that the UK government, through the Secretary of State for Transport, give consideration to the introduction of statutory provisions to the effect that all large goods vehicles (LGVs) and heavy goods vehicles (HGVs) fitted with outriggers must be fitted with an audible and visible warning system and/or an immobiliser for the purpose of giving warning whilst the vehicle is in motion that the outriggers are not secure or safely stowed.”

He also recommendations that any new law not only apply to new lorries, but to those already on the roads as well.

Responding to the ruling this week, the UK government did not immediately commit to enacting the recommendations, but it did confirm that it would consider them and respond to them “in due course”.

A Department for Transport spokesperson said: “This was a tragic incident, and our thoughts are with Chloe’s family.

“We will consider the recommendations and respond in due course”.