NWSRG/IHE Winter Services Decision Makers Course – Module 2 Record Keeping Module 2 – Record Keeping WORKBOOK © Devon County Council 2014 1 2 NWSRG/IHE Winter Services Decision Makers Course – Module 2 Record Keeping Name: Organisation: Course: TASK 1 – The Claimant’s Perspective Imagine that you have had a crash where you thought you slipped on ice in your car and crashed, slightly injuring yourself, during the winter and on a road that you believe should have been treated. You consult a solicitor. Formulate a list of accusations that you and your solicitor believe that they could make against the Highway Authority and the information that might be requested from the County Council in order to gain some admission of liability and compensation. Accusations: Documents Notes: Try and complete this task in about 5 minutes © Devon County Council 2014 NWSRG/IHE Winter Services Decision Makers Course – Module 2 Record Keeping TASK 2 – Evidence for winter claims You have been presented with some images of an “A” road where a serious crash occurred. It shows a patch of frost at 8am that is within the carriageway but on the offside of the direction in which the gritter would have been treating. Compile the evidence that you would use, from your knowledge to defend any allegations. Identify in the form of a flow/spider diagram the documentation that you would expect to identify and produce from the initial forecast information through to that surrounding the crash, and any other supporting documents that would support a defence. Where would the evidence come from? Who else might have relevant information? Use a flow or spider diagram to identify the records. To assist the first two boxes have been completed. Legislative Requirements Policies and procedures © Devon County Council 2014 3 4 NWSRG/IHE Winter Services Decision Makers Course – Module 2 Record Keeping Note: Please complete task in 20 minutes © Devon County Council 2014 NWSRG/IHE Winter Services Decision Makers Course – Module 2 Record Keeping Task 3 – Critically analysing your rationale Consider the rationale that you brought with you with your partner. • Critically analyse the rationale to determine how full and clear the information is. • Is it ambiguous? • Does your partner understand the thought process in the decision? Record your rationale and annotate where improvements could be made: Then… Thinking more widely about winter records, what characterises a good record? • make a list of what distinguishes a good record from a bad record Good record characteristics Bad record characteristics Note: Please complete task in 10 minutes © Devon County Council 2014 5 6 NWSRG/IHE Winter Services Decision Makers Course – Module 2 Record Keeping Task 4 – Fact or Opinion Consider the following statements and determine whether they are fact or opinion Fact (F) Opinion (O) 1. The A380 was treated from Kennford to Newton Abbot between 1.15am – 2.00am on the 3rd December. 2. The ice detection system showed that the road temperature at Slade Cross was -1°C when Mr Jones phoned to inform me that water was flowing across the road. 3. It was obvious that the road had not been treated due to the amount of ice that was on it. 4. The ice detection sensor must have been faulty because it did not have the same road surface reading as my handheld thermometer. 5. The road was treated at 01:20 and 05.40 but it had been raining constantly so with temperatures falling below zero briefly between 4.00 and 4.35am it would have been possible for any moisture present to freeze, if the salt was washed away. 6. There was a discrepancy between the reading from the ice detection site and my handheld thermometer. 7. The driver must have been going too fast because he failed to negotiate the bend. 8. At the time of the incident, the strong wind caused a power cut, so visibility would have been really bad. 9. The driver reported that the spinner on his gritter had been playing up and that the salt was not being distributed evenly (if at all). The road is not on our primary or secondary salting route but Mr Davies, the local Snow Warden, claims that he treated the road with salt from the nearby bin at 7.50. 10. Consider whether the following are good records or how they could be improved: (a) Unable to treat because of parked cars. (b) Extremes observed that may affect the effectiveness of the treatment undertaken (c) Had to stop spread pattern not working correctly, problem fixed continued route (d) No action required because adequate residual salt present. © Devon County Council 2014 Good? NWSRG/IHE Winter Services Decision Makers Course – Module 2 Record Keeping 7 Note: Please complete task in 15 minutes Task 5 – Develop a good rationale Consider the following forecast information and develop a rationale for an action for this specific route (up to 200m in height) in early February (if you need to make any assumptions please state them): “ Remaining dry this afternoon with variable cloud, hazy sunny spells and a gentle north-westerley wind (less than 20mph). During the evening, clear spells are expected to persist for a time although confidence on the extent of cloud cover is rather low. RSTs dropping quite sharply under persistent clear spells and may fall below zero in a few places between 1900 and 2300 with a minimum RST of -1 °C. Risk of ice and hoar frost between 1900 and 2300. Cloud will become more extensive after midnight with patchy light rain and drizzle. A gradual recovery of RST is likely during the early hours. Mist and fog (2300 – 0800), especially over high ground. Cloudy with patchy drizzle tomorrow morning. No snow expected!” Your rationale and decision: Please complete task in 15 minutes © Devon County Council 2014 8 NWSRG/IHE Winter Services Decision Makers Course – Module 2 Record Keeping Task 6 – Forensic Exercise Brief You are a solicitor that specialises in winter highway claims. A client has come to you after injuring themselves in a collision where they were driving on a main road at 08:10 in the morning on the C50 main road (on the salting network, route 25) at White Horse Garage just to the West of Exeter. They skidded on ice and crashed, no other vehicle was involved but they sustained peronal injuries. They blame the council and want you to pursue a claim against the Highway Authority. You agree to take on the case on a no win, no fee basis. Consider the evidence that you have been provided from the local highway authority and formulate your case against the authority. (30 minutes) Your case: © Devon County Council 2014