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

Senior bridge Engineer - WMF2212e

£47,181 - £48,226
You will be the key responsible engineer for this area and will also provide technical advice and guidance to our team Cumbria / Various
Recruiter: Westmorland and Furness Council

Streetcare Operative / LGV Driver - WMF2214e

£28,598 - £29,540
Westmorland and Furness Council is seeking to employ an enthusiastic and motivated LGV Driver / Street Care Driver Ulverston, Cumbria
Recruiter: Westmorland and Furness Council

Civil Enforcement Officer - WMF2221e

£28,598 - £29,540
Are you seeking an active and challenging role, part of a friendly and welcoming team? Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Bridge Engineer - WMF2219e

£42,839 - £44,075
We are currently seeking to recruit an experienced and enthusiastic Bridge Engineer Kendal, Cumbria
Recruiter: Westmorland and Furness Council

Senior Public Transport Officer

£42,839 - £46,142
We are looking for an experienced public transport professional to become our Senior Public Transport Officer. Northamptonshire
Recruiter: North Northamptonshire Council

Principal Transport Planner (Strategy) (Fixed-Term)

£48,226-£51,356
We are looking for an experienced professional to join as a Principal Transport Planner (Strategy) Northampton, Northamptonshire
Recruiter: North Northamptonshire Council

Mobile Street Scene Operative

£24,796 to £25,989 per annum
The Waste and Street Scene department requires enthusiastic and committed mobile street cleansing operative. Northallerton, North Yorkshire
Recruiter: North Yorkshire Council

Senior Technician - Highways Design (2 Posts)

Grade 10 £35,422 - 38,730 per annum
An exciting opportunity has arisen within the Professional Services Section Derbyshire
Recruiter: Derbyshire County Council

Project Engineer External Contracts

Grade 11 £39,865 - 43,270 per annum
You will lead a team of Clerks of Works Derbyshire
Recruiter: Derbyshire County Council

Senior Technician - Clerk of Works

Grade 9 £32,347 - 34,317 per annum
You will supervise works on site and liaise with developers, contractors and internal teams Derbyshire
Recruiter: Derbyshire County Council

Hire Desk Operative

Grade 8 £29,719 - £31,691 per annum
Well-developed IT skills and an excellent working knowledge of the Microsoft Suite are required. Derbyshire
Recruiter: Derbyshire County Council

Streetcare Operative / LGV Driver - WMF2214e

£28,598 - £29,540
Applicants must hold a current full LGV Class C driving licence Cumbria
Recruiter: Westmorland and Furness Council

Roadworker Trainee LGV Driver (2 Posts)

Grade 6 £25,989 - £26,458 per annum
We’re looking for Roadworker/trainee LGV drivers Derbyshire
Recruiter: Derbyshire County Council

Roadworker/Driver (3 Posts)

Grade 7 £27,088 - £29,062 per annum
We’re looking for roadworker/drivers to be part of our team undertaking major highway, bridge Derbyshire
Recruiter: Derbyshire County Council

Senior Engineer - Public Realm

£28,624 - £36,124
We are looking for a Senior Engineer to support the development Huddersfield, West Yorkshire
Recruiter: Kirklees Metropolitan Council

Mobile Cleansing Operative

£24,796 to £25,989 per annum
We’re seeking a permanent Mobile Street Cleansing Operative to join our dedicated team serving a variety of urban and rural locations Harrogate, North Yorkshire
Recruiter: North Yorkshire Council

Roadworker/Driver

Grade 7 £27,088 - £29,062 per annum
We’re looking for experienced Roadworker/LGV Drivers High Peak, Derbyshire
Recruiter: Derbyshire County Council

Engineer - Hosting and Security

£35,412 to £39,152 p.a. (Grade 9)
A vacancy has arisen within our Hosting and Security Team for an experienced, enthusiastic, and flexible Engineer, with the aim of helping to ensure t Durham
Recruiter: Durham County Council

Senior Engineer - Highways Safety

£28,624 - £36,124
Senior Engineer - Highways Safety Huddersfield, West Yorkshire
Recruiter: Kirklees Metropolitan Council

Head of Parking

£86,274 - £89,667
Our borough is beginning a huge transformation. Redbridge, London (Greater)
Recruiter: Redbridge London Borough 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