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The Coroner Has Ruled On Prohibition Of Motor Vehicles Order On Doles Lane Following The Death Of Vet And Dogs

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Following the three-year floating of three cars across the Clifton ford, Barry Peck, 56, sent an open letter to Derbyshire County Council in 2014. Mr Peck said in letters published in Derbyshire Live: 

“Several individuals, including a young kid, had to flee via their car’s sunroof in the most recent incident. I can’t imagine what would happen if they didn’t have a sunroof.”

Council promised to post signs “immediately ahead of the ford warning that the road is prone to flooding” and to inform vehicles that they “do not need to use this route.” Further 

“As always, drivers must accept personal responsibility for their conduct,” the council said in response over two months later.

Mr Peck, whose property faces that ford, requested a depth gauge from Derbyshire County Council and Clifton Parish Council in 2014. He was dissatisfied with the indicator that got placed on the site.

Tragic Incident 

In December 2018, a tragedy occurred on Doles Lane in Clifton, Ashbourne, when fast-moving floodwater crossed the road, killing 29-year-old vet Heike Mojay-Sinclare along with two dogs in her vehicle. 

Two years after an inquest into Mrs Mojay-Sinclare, the investigation leading to the quick decision of blocking the path has now been declared permanent. There are some access requests to be maintained and additional signs to be erected instead.

Heike Mojay-Sinclare reported being flooded up to her waist in her car at Doles Lane, Derbyshire, to 999 at 21:36 GMT on December 8, 2018. On his way to a 30th birthday celebration, the vet became stranded in a black Honda Civic. The 29-year-old told the operator that the water was up to her chest before the call ended. 

“I am sinking,” She said.

Later on-site, The rescue team and police looked for hours for the vehicle, and one member of the water rescue team spotted the car underneath around 05:43 in the morning, as the level of the river had fallen by half a meter. According to the investigation, the vehicle slid and got discovered in a deeper region of the water. According to the pathologist, Mrs Mojay-Sinclare drowned, and two dogs drowned as well. 

The road was shut soon after the tragedy, and only those who owned houses along the route had access.

Court Proceedings and Decision

Residents have previously expressed concerns to Derbyshire County Council about the risks of the ford on this tiny route. Residents, police, and the local council told Derby Coroner’s Court that several other cars have been locked at this ford before and that warning signs and a depth gauge did not fulfill the standards of “not fit for purpose.”

In a separate hearing, the family’s lawyer focused on the usage of warning signs and whether the stick-shaped depth gauge, which got installed in 2017 after the family’s incident, was not enough. However, coroner Peter Nieto stated that the weather conditions were so severe that reasonable precautions were ineffective.

The jury later determined that the most acceptable depth gauge Derbyshire County Council could obtain was not reflective, was insufficiently long, and needed to be extended. The council also said they got told of past stranding accidents or that those it had been made aware of were not severe enough to warrant the route to be blocked.

Verdict

“Because of the severe weather, the rise in water levels must be viewed as a one-of-a-kind occurrence. As a result, there were no contributing acts or omissions on the part of the county council,” says the report.

About two years later, the county council is looking to block all motor vehicles from using the route, with a decision to be made at a meeting on Thursday, June 17, 2021. Cars would get barred from both ends of the lane, but bicycles and walkers would pass through. Each ford in the county will be numbered in the future, according to the council, to aid citizens and emergency services in locating them. 

“Based on this extremely unfortunate occurrence and the assistance of the emergency services, I believe accepting the officer’s suggestion is the appropriate thing to do,” said Kewal Singh Athwall, chairman of the roads, assets, and transportation cabinet meeting, in confirming the decision.

Unclear Evidence and Mr Mojay

Mrs Mojay-Sinclare did not know exactly on the way driving to visit friends for a 30th birthday celebration when she got caught in the ford where she was, so fire crews struggled to track down her location. Mrs Mojay’s emergency call indicated she had spotted signs signalling the ford, but why she followed the route was unclear.

“Her presence felt like a warm light in our lives, and although she is no longer with us, she remains an inspiration for many of us today. The world had lost an empathetic, loving and caring person,” her husband Chester said in a statement. 

After Effects Of Incident

Following the incident in December 2018, the local council and the fire department inspected all 12 fords in Derbyshire and determined whether they were all safe. However, fords such as the one on Doles Lane will now be marked, allowing people to locate themselves and transmit this information to emergency personnel quickly.

The Path Riders Fellowship and the Green Lane Association protested the path closure, calling it a harsh step, arguing that if quad quads and motorcycles are allowed, the choice to restrict motor vehicles must get taken objectively.

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