Crash death smart motorway not due for refuge retrofit

11/03/2025 | CHRIS AMES

Crash death smart motorway not due for refuge retrofit

A section of smart motorway where the driver of a stationary vehicle was killed, causing a coroner to raise concerns over the distance between safe places to stop, is not due to have extra emergency refuges retrofitted, it has emerged.

Emma Serrano, area coroner for Staffordshire sent the government-owned company a Regulation 28: Report to Prevent Future Deaths in relation to the death of Kevin O'Reilly, expressing concern over the frequency of emergency areas and that the motorway was ‘not monitored’.

In June 2023, Mr O’Reilly ran out of petrol on the all lane running (ALR) M6 northbound approaching Junction 12 and was stationary in lane three when his car was hit by an HGV.

He suffered a traumatic brain injury, for which he was treated in hospitals and rehabilitation facilities until February 2024 when he was admitted to the Emergency Department in Warwick Hospital.

Mr O’Reilly suffered a large bleed inside the brain and died from a traumatic intracranial haemorrhage.

In her report, Ms Serrano said that evidence at the inquest ‘revealed matters giving rise to concern’, with ‘a risk that future deaths will occur unless action is taken’.

She wrote: ‘This type of motorway has all lanes open for vehicles to use, and areas for vehicles to stop every 1.6 miles, but not areas in between.

‘It was accepted that there was no area for vehicles to stop should they need to, unless they were near to the refuse (sic) areas spaced 1.6 miles apart, and the all lanes open motorways were not monitored.’

She ordered National Highways to reply by 14 April with ‘details of action taken or proposed to be taken, setting out the timetable for action’ or explain why no action is proposed.

A National Highways spokesperson said: ‘Every death on our roads is one too many and our thoughts remain with the family and friends of Mr O’Reilly.

‘We will review the coroner’s comments and respond within 56 days as requested.’

There is no place to stop of any kind northbound between Junction 11a, where the M6 toll merges with the mainline M6 and Junction 12 – a distance of well over a mile.

However, the section of ALR smart motorway from Junction 11a to Junction 13 is not part of the National Emergency Area Retrofit (NEAR) programme.

This is due to see over 150 additional emergency areas (EAs) added by the beginning of April, funded by £390m pledged by the previous government during the current roads period.

The NEAR programme was a response to a 2021 report from the Commons Transport Committee, which recommended that National Highways should retrofit EAs to existing ALR schemes to make them a maximum of 1.5km (one mile) apart, decreasing to every 1km (0.75 miles) where physically possible.

In April 2023, shortly before the incident that caused Mr O’Reilly’s death, Highways revealed that National Highways had added 13 EAs, including five on the M6 between Junctions 13 and 15.

However, the funding provided for the NEAR programme was not enough to ensure that the recommended distance was achieved across the network, meaning that sections such as the one where Mr O’Reilly was killed were not upgraded.

A National Highways spokesperson told Highways: ‘After looking at the frequency of live lane stops alongside safety data, we prioritised locations where emergency areas could make the most difference and bring benefits to drivers as soon as possible.’

In the absence of a road investment strategy from next month, it is unclear whether National Highways will be funded to carry out any further retrofitting of emergency areas.

Highways InProfile

latest magazine issue
Highways jobs

Project Lead - Bridges and Structures WMF3037e

£45,718 to £46,731
We are currently seeking to recruit a Project Lead to join our Bridges and Structures team Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Traffic Management Technician - WMF3040e

£27,711 - £28,624
Are you an organised and motivated individual who wants to make a difference to how our roads are managed? Cumbria / Various
Recruiter: Westmorland and Furness Council

Traffic Management Officer - WMF2114e

£37,035 - £37,938
Are you an experienced and motivated professional looking to take the next step in your traffic management career? Cumbria / Various
Recruiter: Westmorland and Furness Council

Senior Transport Planner

£47,532 - £50,574
Royal Greenwich is a borough synonymous with first class modern services Greenwich, London (Greater)
Recruiter: Royal Borough of Greenwich

Technician - Highway Inspector

Grade 8 £28,797 - £30,708 per annum (Pay Award Pending)
Within the Highways Maintenance Team we are looking for an enthusiastic, customer focused and experienced person to join the Service Derbyshire
Recruiter: Derbyshire County Council

Project Delivery Senior Team Leader

£74,480 - £85,964
Are you an experienced Chartered Civil Engineer (or equivalent professional qualification) Glasgow City
Recruiter: Transport Scotland

Assistant Traffic Management Technician - WMF2104e

£25,584 - £25,992
Westmorland and Furness Council is seeking an organised and enthusiastic individual to join our South Lakeland team Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Bulky Operative

£25,584.00 - £27,269.00, Grade 5, 37 hours, Permanent.
An opportunity exists in the Council’s Street Scene Services for a Bulky Operative Wakefield, West Yorkshire
Recruiter: Wakefield Council

Project Delivery Team Leader

£57,710 - £71,842
Are you an experienced Chartered Civil Engineer (or equivalent professional qualification). Glasgow City
Recruiter: Transport Scotland

Traffic Management Officer - WMF2102e

£37,035 - £37,938
This is a key role supporting the delivery a wide range of traffic and road safety schemes. Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Shared Service Manager (Waste) North Herts Council

£52000 - £61000 per annum
Shared Service Manager (Waste) North Herts CouncilNorth Herts CouncilPermanent, Full Time£52,866 - £61,866 per annum, plus car allowance (pay award pe England, Hertfordshire, Letchworth Garden City
Recruiter: Essex County Council

Traffic Management Officer - WMF2102e

£37,035 - £37,938
This is a key role supporting the delivery a wide range of traffic and road safety schemes. Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Assistant Traffic Management Technician - WMF2104e

£25,584 - £25,992
This is a key support role, helping to deliver a wide range of traffic and road safety schemes across South Lakeland. Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Flood Risk Engineering and Strategy Officer

£49,764 - £55,623
In line with our One Coventry Values, we want to ensure that our communities are represented across our workforce Coventry, West Midlands
Recruiter: Coventry City Council

Senior Integrated Transport Officer

£34,324 - £37,529
Are you an experienced transport planning professional ready to influence strategic policy and drive real change Matlock, Derbyshire
Recruiter: Derbyshire County Council

Roadworker Trainee LGV Driver (3 Posts)

Grade 6 £25,183 - £25,638 per annum (Pay award pending)
We’re looking for Roadworker/trainee LGV drivers to be part of our team undertaking major highway, bridge and related construction and reconstruction Derbyshire
Recruiter: Derbyshire County Council

Engineer

£44,430 - £51,663
This post is within the Highways Design and Delivery Team. London (Greater)
Recruiter: Tower Hamlets London Borough Council

Civil Enforcement Officer - WMF3013e

£27,711 -£28,624
Are you seeking an active and challenging role, part of a friendly and welcoming team? Cumbria / Various
Recruiter: Westmorland and Furness Council

UGO Bus Driver

Up to £25081.00 per annum
UGO Bus DriverPermanent, Part TimeUp to £25,081 per annum (full time equivalent)Location
Recruiter: Essex County Council

Head of Highways Operations

Salary
Somerset Council
Recruiter: Somerset Council
SUBSCRIBE NOW

Latest Video

Subscribe to Highways today to ensure you keep your finger on the pulse of everything happening in the UK road network throughout the year.

SUBSCRIBE NOW