GovWire

As per the Accident and Incident Reporting Policy, all accidents of any kind involving injury or damage must be reported to theHealth and Safety team using the HS1 Incident report form.

Managers are accountable for ensuring that arrangements exist for recording all accidents and incidents where injury or damage has occurred within their areas of responsibility.

Examiners are reminded that the H&S incident report form might be used by the agencys legal advisers in anticipation of legal proceedings against the agency or officials, and professional privilege may be claimed for it in appropriate cases. It should not be shown to the police or to any other person outside the agency. The Operational Delivery Manager should be notified immediately of any request for it.

The driver of a vehicle involved in an accident which causes damage or injury to any other person, vehicle, animal, or roadside property is required by law to stop, give their name and address and owners name and address, and vehicle registration details, and produce a certificate of insurance to any person who has reasonable grounds for requiring its production, or report the accident to the police as soon as reasonably practicable, and in any case within 24 hours and produce a certificate of insurance.

If an examiner is injured in an accident on test, they are advised to exercise their rights under these provisions and obtain the necessary insurance details at the time of the accident or as soon as possible thereafter, either from the parties concerned or from the police.

Separate instructions follow for England and Wales and for Scotland. If circumstances arise which do not appear to be covered by these instructions, they should be considered in the first instance by the HEO and the SEO. If it appears to them that further advice is needed, this should be obtained from Technical Standards.

The following instructions are based on the principles that:

• all reasonable assistance must be given to the police and judicial authorities
• examiners must remain impartial and avoid giving reason to be identified with the police or other parties
• a clear distinction is drawn between statements given to the police or other parties and reports which an examiner makes to the agency. Reports to the agency are made in confidence and are not for publication
• statements are confined to observed facts. A statement should not contain deductions or other expressions of opinion. Examiners must not prejudge or appear to prejudge matters, which are for a court to decide

Action to be taken by an eye witness of an accident

Examiners have the same duties and obligations as any other person going about their daily business. If they witness an accident during the course of their duties they should:

• if the candidates vehicle is involved, make themselves known to any other persons involved in the accident
• if the candidates vehicle is not involved, exercise discretion in deciding whether or not to stop and make themselves known to the parties involved. They should take account of the circumstances at the time and bear in mind such considerations as their responsibility towards the candidate, the presence of other witnesses, and the seriousness of the accident

Request for oral statement or interview

If an examiner is asked by the police to make an oral statement they should offer to submit a written statement instead. If the police persist in their request the examiner should comply, confining the statement to facts of what they actually saw.

In the case of a fatality, any request for an oral statement from the coroner or his representative should be met in the same way.

Request for written statement

Requests from the police or from, or on behalf of, any party involved in the accident should be met.

Legal proceedings

If legal action arises from an accident, the agency must act impartially. Written information or statements must be sent to all parties to a dispute. An examiners statement should be confined to matters of observed fact on which they are in a position to give evidence in court. It should exclude expressions of opinion and avoid the expression of any agency view or policy.

The statement should normally be submitted to the HEO, together with the request for it and the official accident report. The HEO will check the statement and forward the papers to the SEO.

Where an oral sta

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