RECORD OF INVESTIGATION INTO DEATH
Coroners Act 1995
Coroners Regulations 1996
Regulation 14
Form 4
I, Ian Roger Matterson, Coroner, having investigated a death of
Robert Wayne ACKERLY
WITH AN INQUEST HELD AT Launceston Coroners Court
in Tasmania on 14 September 2004
FIND THAT :
Robert Wayne ACKERLY died on or about the 3 March 2004 at Scottsdale.
Robert Wayne ACKERLY was born in Launceston in Tasmania on the 06-10-1949 and was aged 54 year(s).
Robert Wayne ACKERLY was a divorced man whose occupation at the date of death was farm labourer.
I find that the deceased died as a result of: Neck Injury following a four wheel motorbike roll-over.
At the time of the deceased person's death he was not being treated by a medical practitioner.
CIRCUMSTANCES SURROUNDING THE DEATH :
At the time of his death the deceased was residing at Legerwood. During 2002 and 2003 he had lived as a caretaker in an empty house on the property of Michael ROCKLIFF at Tasman Highway Tulendeena where he performed duties in return for free rent, power and a small pay. He had moved out of that house to Legerwood in October 2003 but still performed occasional work for Mr ROCKLIFF. In January 2004 he was employed again by Michael ROCKLIFF as a dairy hand.
On the dairy farm Michael ROCKLIFF irregularly taught the deceased to ride an All Terrain Vehicle (ATV). In his evidence Michael ROCKLIFF indicated that the deceased lacked confidence during this period of learning. It transpired that the deceased had no previous experience on either a motor bike or an ATV. Whilst working on the property he rode several different brands of ATVs. Particularly when learning to ride the deceased had always worn a safety helmet.
Whilst he appeared to gain in competency, he was still regarded as an inexperienced rider in March 2004. I am satisfied however that Michael ROCKLIFF did all in his power to ensure the deceased acquired a good grounding in the art of riding an ATV and he was satisfied the deceased was competent before being requested to use the machine in the course of employment.
On the day in question (3rd March, 2004) he was due to commence his duties at 6.30 am. His main duty at that time was to herd the cows into the dairy for milking. He did this with the use of the ATV.
The property's owner, Michael ROCKLIFF, had breakfast and went to the dairy about 9 am. He was surprised to find no cows. He was concerned about this, rang his wife to tell her he felt something was not right and drove across the farm in his utility to find the cows. The utility became bogged. When he turned off the engine he realised there was an eerie silence - he had expected the sound of the ATV and cows. He managed to get his utility un-bogged and, shortly thereafter spotted the deceased's dog. Knowing the deceased would not be far away, he drove around to a slope and there saw the ATV on its side. On closer inspection he found the deceased underneath pinned across his neck.. He was dead.
Other persons were summoned to the area including ambulance personnel and the locum doctor.. Each one checked for a pulse but none was found. He was taken by ambulance to the North East Soldiers Memorial Hospital at Scottsdale where life was pronounced extinct.
COMMENTS & RECOMMENDATIONS :
It would appear the deceased was riding his ATV in a southerly direction along a sloped embankment of about 19 degrees when the right front wheel slid into a shallow hole. With the high centre of gravity possessed by these machines the ATV has tipped onto its side ejecting the deceased. Unfortunately when the deceased ceased to roll further down the slope, the ATV continued its rolling motion until it rolled on top of the deceased pinning him by his neck.. The all-up weight of the ATV is not inconsiderable and I believe death would have been mercifully almost instantaneous.
The deceased was not wearing a safety helmet at the time but I note that even had he been, it would not have given any meaningful protection from the machine rolling onto his neck.
I am satisfied that speed was not a contributing factor in this mishap. There was nothing to suggest his driving was other than careful and cautious but that the hollow into which the ATV dipped its wheel was a normal farm paddock hazard hidden by the length of grass. The fact he was riding across the slope was an added reason for the ATV overturning so easily.
I make the following finding that Robert Wayne ACKERLEY died at Tulendeena on the 3rd day of March 2004 from neck injuries following a four wheel motorbike rollover. I am satisfied from the riding by the deceased that this was an incident which could only be categorised as misadventure.
As I have with previous inquests involving ATVs I do draw the attention of the farming community to the following matters:
1. Having regard to the high centre of gravity of most ATVs, that all manufacturer's warnings and recommendations relating to the wearing of a protective helmet be strictly adhered to. The decals on various parts of the machine should not be ignored.
2. Riders should at all times give proper consideration to safe riding practices.
3. That there be an industry standard safety helmet along the lines of the New Zealand "Aghat" and that the wearing of a safety helmet by employees be a mandatory requirement of employment by employers.
4. That training courses by manufacturers should become mandatory for all new purchasers of ATVs and that there be frequent refresher courses for experienced riders.
5. That the farming fraternity support the Tasmanian Farmers and Graziers Association's moves to educate riders on the safe use of ATVs on the farm.
Before I conclude this matter, I wish to convey my sincere condolences to the family of the deceased.
Dated: Thursday, 28 October 2004 at Hobart in the state of Tasmania.