"In a frequent common place family car crash at only 30mph this 'Gap' between your cars front seats is a proven 'Deathtrap' that poses the same potential danger to your improperly secured rear seat passengers and objects as - diving from a 40 foot roof then punching headfirst through a sheet of 1/4″ thick laminated glass before smashing into the ground with a skull crunching nauseating thump - it's over in a blink and costs the taxpayer £1,836,054!" Source: Gov.UK "Safety netting is the preferred method of fall protection as it provides collective protection and does not rely on individual user discipline to guarantee acceptable safety standards." Cite: HSE Section (I) "Keeping people safe is the first duty of government!" Cite: David Cameron PM (1) "Road Safety is a major societal issue. In 2009, more than 35,000 people died on the roads of the European Union, i.e. the equivalent of a medium town. For every death on Europe's roads there are an estimated 4 permanently disabling injuries such as damage to the brain or spinal cord, 10 serious injuries and 40 minor injuries. The estimated economic cost to society is 130 Billion Euro a year!" Cite: EU Commission (2) July 2010 - "The EU's road safety plan for the next 10 years is to cut the annual death rate of 35,000 by half!" Cite: EU Commission (3) March 2015 - "The EU's road safety plan is grinding to a halt!" - "We need to ensure that the technology with the most life saving potential is fitted to all vehicles as standard and not just the premium end of the market!" Cite: ETSC (4) "Lashing points in the luggage compartment, as well as sufficiently resistant seat backs and a partitioning system, are the basic elements for the protection of occupants." Cite: Deutsches Institut für Normung DIN (5) 'Kiddynet'© - 'Safety made Simple!' 'Kiddynet'© is a low-cost, high-volume, universal, category 'M1/N1' vehicle - 'Partitioning Restraint System/Impact Shield/PPE' - requiring no fixtures or fittings. Designed and manufactured by 'Culzean Textile Solutions Ltd', tested, certified and qualified by ‘Instron’ and 'MIRA' as defined and in accordance with 'UNECE' Reg:17, Reg:44, Reg:126, Reg:129, 'ISO's 27955 & 6, 'DIN' 75410-2 and 'HSENI': PPE that exceeds 'UK Gov' requirements and installs in seconds! (6) "Any reduction in energy impact 'Kiddynet'© offers would be welcome." - "We would support all efforts to bring 'Kiddynet'© into practice and develop it to its full potential." Jan 1997 Cite: Senior A&E Consultants RVH (7) 'Kiddynet'© would obviously provide protection for these children where before they were at serious risk of being propelled forward between the front seats in the event of an accident." May 2001 Cite: Technical Research RUC (8) Risk management and your legal requirements: "If you are aware that something practicable above and beyond the law can be done to reduce a risk, then you are duty bound under health and safety legislation's duty of care to take that step." - "Health and safety law requires you to manage risk. If a risk is identified and easily-implemented safety measures are recommended, you ignore these measures at your peril. You could not claim ignorance in court." Cite: Road Safety Charity BRAKE Section (II) 'Kiddynet'© - 'Partitioning Restraint System/Impact Shield/PPE' - Definitions and Qualifications: (1) "Partitioning system means parts or devices which, in addition to the seat backs, are intended to protect the occupants from displaced luggage; in particular, a partitioning system may be constituted by netting or wire mesh located above the level of the seat backs in their upright or folded down position. Head restraints fitted as standard equipment for vehicles equipped with such parts or devices shall be considered as part of the partitioning system." Cite: UNECE Regulation '17' (2) "Impact shield" means a device secured in front of the child and designed to distribute the restraining forces over the greater part of the height of the child's body in the event of a frontal impact." Cite: UNECE Regulation '44' (3) "Partitioning Systems (Luggage) for Taxis & Mini Buses: Partitioning system - means parts or devices which in addition to the seat backs, are intended to protect occupants from displaced luggage." Cite: UNECE Regulation '126' (4) "Impact shield" means a device secured in front of the child and designed to distribute the restraining forces over the greater part of the height of the child's body in the event of a frontal impact." Cite: UNECE Regulation '129' (5) "Partitioning system: Parts or devices (e.g. partition, bulkhead, grid, net) which, in addition to the seat backs, are intended to protect occupants from displaced luggage." - "loading space: area in the vehicle consisting of the luggage compartment plus an area which can variably be used for the transportation of occupants, or cargo, or both, as specified by the vehicle manufacturer." Cite: ISO '27955' (6) For vehicles primarily designed for the transportation of cargo and derived from a passenger vehicle (M1): "Partitioning system: device that fully or partially separates the occupant compartment from the loading space." Cite: ISO '27956' (7) Securing of cargo in passenger cars, station wagons and multi-purpose passenger cars: "Lashing points in the luggage compartment, as well as sufficiently resistant seat backs and a partitioning system, are the basic elements for the protection of occupants." Cite: DIN '75410-2' (8) The Personal Protective Equipment at Work Regulations 1992: “Personal protective equipment” means all equipment (including clothing affording protection against the weather) which is intended to be worn or held by a person at work and which protects him against one or more risks to his health or safety, and any addition or accessory designed to meet that objective. Cite: Gov.uk Section (III) Major issue of concern - 'Children at risk': (1) "638 children ages 12 years and younger died as occupants in motor vehicle crashes and more than 127,250 were injured in 2013." Cite: US Gov (2) "Each year, more than 700 children under the age of 15 are killed on European roads and 100,000 are injured!" Cite: EU Commission (3) The United Kingdoms figures are - "Twelve children under 10 are killed or injured as passengers in cars every day!" Cite: Capt.org (3a) Child car occupants 0-15 years: killed 21, seriously injured 315, total injured 7,571. Cost: £416,405,000 Cite: makingthelink.net (4) "Seat belt systems can fail during a collision, often resulting in serious injury or death to the vehicle occupant." Cite: Forensic Clues (5) "Children must 'normally use a child car seat' until they’re 12 or 135cm tall, (4 foot 5 inches), whichever comes first!" Cite: Gov.uk (6) "Safety experts recommend that you use a child car seat for all children under 150cm/4ft 11in. This height is the legal requirement in Ireland and also some European countries, such as Germany and France." Cite: Mirror.co.uk (6a) "2 million children face injury or death every year because their parents have not fitted their car safety seat correctly. Experts say that a collision of just 5mph can kill an unrestrained child in a car!" Cite: Childalert.co.uk (7) "The average 12 year-old boy weighs 39kgs, (6 stone), and stands 149cms, (4 foot 11 inches), in height!" Cite: NHS (8) "Seat belts are not designed for child or vulnerable adult passengers under 150cm (5 foot)!" Cite: Gov.uk (9) "Adult belts are designed to protect adults rather than for installing child restraints!" Cite: AA (10) Rear seat belts are: "25% effective at preventing fatal injuries, 25% effective at preventing serious injuries, and 20% effective at preventing minor injuries!" Cite: RSO (11) "Despite being called universal - all child seats won't fit all cars!" Cite: AA (12) "The economic cost of the average injury is £54,849." Cite: dft.gov.uk Section (IV) Condensed 'PHV/Minicab risk assessment' example: "Your responsibilities: to take reasonable care of your own health and safety - to take reasonable care not to put other people - fellow employees and members of the public - at risk by what you do or don't do in the course of your work." Cite: NIdirect.gov.uk (1) "Driving is the most dangerous work activity that most people do!” Cite: RoSPA (2) "Any loose object in the car can become a dangerous projectile in a crash." Cite: AA (3) Government states: "Not wearing a seatbelt can be fatal even at low speeds!" Cite: Gov.uk (4) "Even at low speed not wearing a seat belt can cause serious injury and death." Cite: Carrs.au (5) Transport for London states that: "75% of taxi occupants do not wear seat belts." Cite: Gov.uk (6) "Adult belts are designed to protect adults rather than for installing child restraints." Cite: AA (7) "Seat belts are not designed for child or vulnerable adult customers under 150cm." Cite: Gov.uk (8) "PHV's are exempt from using child seats as it is impractical and potentially illegal." Cite: Gov.uk (9) "In a crash without a seat belt you are 8 times more likely to be ejected from the vehicle." Cite: DOENI (10) "Taxis/Minicab's are 16 times more likely to be involved in a crash than a private vehicle." Cite: Gov.uk (11) "Disability groups have told us that most disabled persons have to travel without proper restraints on a daily basis. This is not only unsafe, but uncomfortable and at times undignified." Cite: UK Law Commission (12) "In a licensed taxi or licensed hire car, if a child car seat is not available, the child may travel unrestrained in the rear. This is the only exception for children under 3 years, and was introduced for practical rather than safety reasons." Cite: RoSPA (13) "Children under 3 years of age can travel without a child’s car seat or seat belt, but only on the back seat." Cite: Gov.uk (14) "Trying to hold a small 'baby' in a car crash at 30mph would be like trying to lift 8 bags of cement at the same time." Cite: Capt.org (15) "Any organisation or individual who carries other people's children has a legal duty to ensure they carry them safely." Cite: RoSPA (16) "Drivers and front seat passengers are at a 5 times greater risk of dying in a car crash if the rear passengers are not wearing seat belts." Cite: Carrs.au (17)" Not wearing a seatbelt is totally selfish – in a crash you could kill or seriously injure the other people with you in the vehicle as well as yourself!" Cite: DOENI (18) "The driver is legally responsible for 'restraint' use by children under 14 years!" Cite: Gov.uk (19) Consultation Paper No 203: Reforming the Law of Taxi and Private Hire Services August 2012 "Introducing a single set of bottom-line safety standards for taxis and private hire vehicles would be the easiest way to avoid the risk of a mismatch in taxi and private hire vehicles." ref: 15.19 "What practical obstacles might there be to setting common national safety standards for both taxis and private hire vehicles? The London Conditions of Fitness require a partition between the driver and passenger." ref: 15.21 Cite: UK Law Commission
Section (V) Laws, Legislation, Investigations and Finance: (1) Department for Transport: Private Hire Vehicle Licensing August 2011 "The fundamental purpose of the PHV licensing regime is to establish a position where passengers can use these vehicles with a high degree of confidence about their safety." Cite: UK Government (2) Health and Safety at Work etc. Act 1974 (Northern Ireland) Power of the Commission to direct investigations and inquiries. The Executive may at any time - "(a) investigate and make a special report on any matter to which this section applies; or (b) authorise another person to investigate and make a special report into any such matter." Cite: UK Legislation (3) Health and Safety Executive; Special inquiries 2011 "In the case of some incidents, particularly those involving multiple fatalities, HSE may, with the consent of the 'Secretary of State', direct that a public inquiry be held. Alternatively, the HSE Board may authorise HSE, or any other person, to investigate and produce a special report." ref: 6.1 Cite: HSE (4) Reforming the law of taxi and private hire services IA No: LAWCOM0016 "Taxi accidents accounted for 117.53, 118.04 and 118.49 with respect to 2008, 2009 and 2010. In the case of cars the comparative figures were 8.20, 7.83 and 7.28 for the same 2008-2010 period." Cite: UK Law Commission (5) The Motor Vehicles (Wearing of Seat Belts) Regulations 1993 “Child” means a person under the age of 14 years; “large child” means a child who is not a small child; and “small child” means a child who is— (a) aged under 12 years, and (b) under 150 centimetres in height" Cite: UK Legislation (6) "Children must normally use a child car seat until they’re 12 years old or 135cm tall." Cite: UK Gov (7) THINK! Child road safety "Adult seatbelts are designed for people over 5ft (150cm)." Cite: UK Gov (8) Road Safety Act 2006 c. 49 Payments for road safety Section 1: "A national transport authority may make payments to any local authority or any other authority or body for meeting the whole or part of the capital or running costs of any measures for promoting road safety." Cite: UK Legislation (9) Taxis Act (Northern Ireland) 2008 Payment of grants: Section: 51—(1) "The Department may, with the approval of the 'Department of Finance and Personnel', pay such grants to such persons or bodies as it considers appropriate in connection with any provision of, or the purposes of, this Act." Cite: UK Legislation (10) Road Traffic Act 1988: Safety equipment for children in motor vehicles. "The 'Secretary of State' may make regulations prescribing (by reference to shape, construction or any other quality) types of equipment of any description to which this section applies that are recommended as conducive to the safety in the event of accident of prescribed classes of children in 'prescribed classes' of motor vehicles." Cite: UK Legislation (11) Motor Vehicles (Safety Equipment for Children) Act 1991 "The 'Secretary of State' may make regulations prescribing (by reference to shape, construction or any other quality) types of equipment of any description to which this section applies that are recommended as conducive to the safety in the event of accident of prescribed classes of children in 'prescribed classes' of motor vehicles." Cite: UK Legislation (12) The Taxi Licensing Regulations (Northern Ireland) 2014 "The 'Department of the Environment' makes the following Regulations in exercise of the powers conferred by sections 13(2), (3) and (5), etc. of the Taxis Act (Northern Ireland) 2008." - "Chassis and chassis attachments: Supplementary restraint systems" Cite: UK Legislation (13) Parliamentary Advisory Council for Transport Safety: Road safety powers and devolution 2014 "The Westminster Government negotiates changes to international regulation (e.g. UN rules on vehicles) and EU law on behalf of the UK. Northern Ireland is responsible for its own road traffic legislation - although to maintain consistency with the rest of the United Kingdom, most legislation and policy guidelines mirror those in effect in Great Britain and elsewhere." Cite: Pacts.org.uk (14) "EU Funds for Road Safety - Multiannual Financial Framework 2014-2020 - Saving Lives on EU Roads until 2020" Cite: ETSC.eu Section (VI) NI Government's road safety progress to date: (1) "The 'DOENI' seeks to ensure high standards!" Cite: 'Mark H Durkan' (2) Relative to the UK 'NI road casualties' are: "58% worse than Wales - 74% worse than Scotland!" Cite: NIDirect (3) Each person killed on the road costs our economy '£1,838,054' - 2015 Irish death toll to date: North = '74' killed - South = '166' killed (4) In 2014 there was '9,388' casualties on NI roads at an average cost of '£54,849' = £514,922,412, (UK = '1,775' killed - EU = '25,700' killed) (5) “The 'DOENI Road Safety Strategy' is to reduce the number of people killed in road collisions by at least 60% by 2020!” Cite: Iain Greenway (6) "InvestNI' is responsible for ensuring the highest standards of corporate governance, efficiency and propriety in the use of public funds?" Cite: InvestNI (7) 'LEDU/InvestNI' policy on 'Health and Safety' approved 'Personal Protection Equipment' available for PHV/Minicab safety in this 'Government' regulated industry? "Government's first duty is to protect the people!" Cite: Adam Smith Committee on Standards in Public Life - "The 7 principles of public life" or the "Nolan Principles" Cite: Gov.uk
'Duty of Care' + 'Responsibility to Protect' = 'Prevent Future Deaths!'
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Email: marcus@kiddynet.com Tel: 07553676470 |